Two U.S. states have legalized recreational marijuana, and more may follow; the Obama administration has conditionally accepted these experiments. Such actions are in obvious tension with three international treaties that together commit the United States to punish and even criminalize activity related to recreational marijuana. The administration asserts that its policy complies with the treaties because they leave room for flexibility and prosecutorial discretion.
Some 20 years ago, a Spanish official in favor of lifting the ban on drugs such as marijuana mentioned at a UN meeting that there "might be a more humane option" in the fight against trafficking. She was immediately taken aside by a senior diplomat, who told her in no uncertain terms: "Don't say things like that round here, not even in the washroom." Today, the same official says that internal documents are now circulating within the UN that openly admit to the failure of prohibition.
The UN's top narcotics official said on Wednesday that recent votes by US states to legalize marijuana have put America in deeper violation of the international conventions that guide drug policy around the world. Earlier this month, voters in Oregon, Alaska, and Washington DC legalized the recreational use and sale of marijuana. Similar ballot initiatives have already passed and taken effect in Colorado and Washington.
State-level cannabis reforms, which gathered steam this month, have exposed the inability of the United States to abide by the terms of the legal bedrock of the global drug control system; the 1961 Single Convention on Narcotic Drugs. This is something that should force a much-needed conversation about reform to long- standing international agreements. But while ostensibly 'welcoming' the international drug policy reform debate, it is a conversation the US federal government actually wishes to avoid.
Latin America has emerged at the vanguard of efforts to promote debate on drug policy reform. For decades, Latin American governments largely followed the drug control policies and programs of Washington’s so-called war on drugs. Yet two parallel trends have resulted in a dramatic change in course: the emergence of left-wing governments that have challenged Washington’s historic patterns of unilateralism and interventionism and growing frustration with the failure of the prohibitionist drug control model put forward by the US government.
Heather J. Haase, Nicolas Edward Eyle, Sebastian Scholl , Joshua Raymond Schrimpf
31 July 2012
The way the world looks at drug control is changing. There has been a growing awareness of the issue for the past decade, as well as increasing public outcry over what many see as a failure of the once popular "war on drugs." Nowhere is this battle more pronounced than in the so-called "marijuana wars," which are slowly growing into an old-fashioned standoff between the states and the federal government.
The US drug policy is changing, pitting states against federal law. This essay explores this inner friction of contradictory drug legislation, and what it may mean for the international drug control regime, itself a result of US drug policy. (4,400 words)