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.
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.
Cannabis is the world’s most widely used illicit drug. But for how much longer? In a short space of time we have moved from absolute global prohibition of the drug, with the emergence of legalised and regulated production and retail not in just one nation (Uruguay) but also, surprisingly, in two US states (Colorado and Washington). Do these and other new permissive models in Spain and Belgium, for example, point to a tipping point in the debate? Could cannabis step out of the shadows and join the ranks of alcohol and tobacco, the world’s most popular legal and regulated drugs?
Graham Boyd, Sarah Trumble, Lanae Erickson Hatalsky
11 April 2014
Despite a federal prohibition on marijuana possession, sale, and use, Colorado and Washington recently became the first states to enact laws legalizing the recreational use of this drug. Although the Obama Administration has taken steps to attempt to deal with this evolving situation, we believe the status quo is untenable and Congress must act to provide certainty and a framework for these states moving forward. This report explains the problem and offers a solution.
Cannabis was condemned by the 1961 Single Convention on Narcotic Drugs as a psychoactive drug with “particularly dangerous properties” and hardly any therapeutic value. Ever since, an increasing number of countries have shown discomfort with the treaty regime’s strictures through soft defections, stretching its legal flexibility to sometimes questionable limits.
UN’s International Narcotics Control Board (INCB) unprecedented condemnation of the use of death penalty for drug-related offences is welcome if long overdue. The bigger question is whether INCB’s consideration of human rights can be extended into a proper human rights and evidence-based examination of UN’s entire drug control regime.
International tensions over Uruguay’s decision to regulate the cannabis market reached new levels when Raymond Yans, president of the International Narcotics Control Board (INCB), accused Uruguay of negligence with regard to public health concerns, deliberately blocking dialogue attempts and having a "pirate attitude" towards the UN conventions. President Mujica reacted angrily, declaring that someone should "tell that guy to stop lying," while Milton Romani, ambassador to the Organisation of American States (OAS), said that Yans "should consider resigning because this is not how you treat sovereign states."
On December 10, 2013, the General Assembly of Uruguay approved a law that made the country the first one in the world to fully regulate the cultivation, trade and consumption of cannabis for medical, industrial as well as recreational purposes. This infographic gives a short overview of the main aspects of the new law.
Uruguay's approval of regulation under state control marks a tipping point in the failed war against drugs as it makes Uruguay the first country in the world to fully regulate the cultivation, trade and consumption of cannabis for medical, industrial as well as recreational purposes. This infographic gives a quick summary of the reasons why Uruguay is regulating cannabis.
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.
At peace talks in Cuba, Colombian guerrilla group the FARC outlined a proposal to legalize drug consumption and cultivation, complementing reforms that are about to be tabled by the Colombian government. Chief negotiator Marquez called for "an end to policies of criminalization and persecution, [and] the suspension of aerial fumigation and other forms of eradication that are generating negative socio-environmental and economic impacts." (See also: Colombia's Farc proposes legal coca and marijuana crops)
Now that the voters in Colorado and Washington have approved marijuana legalization initiatives, attention has turned quickly to questions surrounding implementation—and in particular to speculation over how the federal government might react. This is entirely understandable, since it is no secret that the newly approved state initiatives conflict with federal law.
Voters in Colorado and Washington state who approved the recreational use of marijuana Tuesday sent a salvo from the ballot box that will ricochet around Latin America, a region that's faced decades of bloodshed from the U.S.-led war on drugs. Experts said the moves were likely to give momentum to countries such as Uruguay that are marching toward legalization, to undercut Mexican criminal gangs and to embolden those who demand greater debate about how to combat illegal substances.
Over the past year, the world has eyed Latin America as it has forged forward, in both policy and politics, with a rethink of the “war on drugs.” (See our recent cover story on “Latin America reinventing the war on drugs” here.) But tomorrow, the world will be watching the United States, the birthplace of the “war on drugs,” as three states vote on legalizing the recreational use of marijuana.
The world-wide debate over cannabis reform appears to be gaining uncommon speed and unexpectedly it is in Latin America that the winds of change have greatest force. So where is Mexico in this panorama? There are currently eight Bills on the question of marihuana gathering dust in the annals of various parliamentary commissions.
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.
When she was 66 years old, Alicia Castilla was put in jail for three months for cultivating marijuana, which she used to help her sleep better. In this video testimony, she talks about the suffering caused by her imprisonment in Canelones (an Uruguayan prison) and her experience with the justice system in Uruguay.
Remarkable drug policy developments are taking place in Latin America. This is not only at the level of political debate, but is also reflected in actual legislative changes in a number of countries. All in all there is an undeniable regional trend of moving away from the ‘war on drugs’. This briefing explains the background to the opening of the drug policy debate in the region, summarises the most relevant aspects of the ongoing drug law reforms in some countries, and makes a series of recommendations that could help to move the debate forward in a productive manner.
In the latest challenge from Latin America to drug war orthodoxy, on June 20, 2012, the Uruguayan government unveiled a proposal that, if adopted by the country’s legislature, would create legal, government-controlled markets for marijuana, as part of a broader strategy to improve citizen security and focus greater attention on the use of harder drugs. The market would be highly regulated, with strict age limits and prohibitions on public use.
On the campaign trail, Otto Perez Molina vowed to rule his country with an iron fist. The retired general said he would send troops into the streets to fight drug violence. Analysts summed up his political platform with three words: law and order. Now – just two months after taking office – the Guatemalan president is pushing a controversial proposal that has come under fire from U.S. officials and earned praise from people who were once his critics. Last year's law-and-order candidate said he wanted to legalize drugs.