If you actually read the treaties, while they do set firm limitations on the legal, "non-medical" or "non-scientific" sale of schedule drugs — limits that Uruguay, Colorado and Washington ignored when legalizing cannabis — they don’t otherwise obligate countries to penalize drug use. Even the 1988 convention, the harshest of the three, which instructs countries to criminalize use, still provides an out for states, allowing such laws only as they are "subject to its constitutional principles and the basic concepts of its legal system." This loophole has been used by the Dutch to argue legally for their coffee shops.
Latin America is now at the vanguard of international efforts to promote drug policy reform: Bolivia has rewritten its constitution to recognize the right to use the coca leaf for traditional and legal purposes, Uruguay has become the first nation in the world to adopt a legal, regulated Cannabis market, and Colombia, Mexico, Guatemala, and Ecuador are openly critiquing the prevailing international drug control paradigm at the UN. And now with the United States itself relaxing its marijuana laws state by state, the U.S. prohibitionist drug war strategies are losing credibility in the region.
Illicit drugs made from plants (e.g., cocaine, heroin) are being replaced in some national drug markets by those that are synthesized (e.g., methamphetamine, fentanyl). The U.S. has had a parallel experience in the past decade with the rise of illicit consumption of synthetic opioids and cannabinoids. If illicit drug markets continue to separate from an agricultural base, it would upend traditional understandings of drug markets and drug policy.
In Latin America’s latest challenge to Washington’s “war on drugs,” Ecuador has quietly begun releasing thousands of convicted cocaine smugglers. The move is a result of the country’s new criminal law, which took effect August 10. It treats “drug mules” who commit the low-profit, high-risk offense more as vulnerable people exploited by cartels than as hardened criminals. Around 500 mules have already been freed and at least another 2,000 are expected to follow, says Jorge Paladines, national coordinator of the Public Defender’s Office.
The West Africa Commission on Drugs says drug cartels are undermining the region by using it to transit cocaine. The commission, headed by former Nigerian President Olusegun Obasanjo, says the cartels should be tackled but that punishing the personal use of drugs does not work. It argues that current policies incite corruption and provoke violence. Drug trafficking and consumption have become major issues in West Africa since the turn of the century. (See also: West Africa needs to look at partially decriminalising drugs, says thinktank)
By taking cues from users’ self-regulation strategies, it is possible to design innovative operational models for drug services as well as drug policies, strengthening Harm Reduction as an alternative approach to the disease model.