Martin Jelsma, Neil Boister, David Bewley-Taylor, Malgosia Fitzmaurice, John Walsh
15 March 2018
Legal tensions are growing within the international drug control regime as increasing numbers of member states move towards or seriously consider legal regulation of the cannabis market for non-medical purposes. Amongst reform options not requiring consensus, inter se modification appears to be the most ‘elegant’ approach and one that provides a useful safety valve for collective action to adjust a treaty regime arguably frozen in time.
Cannabis (or marihuana) is one of the most widely consumed psychoactive substances in the world. According to the United Nations World Drug Report, 183 million people, or 3.8% of the world’s population, used cannabis in 2014. Its cultivation was also reported by 129 countries. Cannabis is subject to the United Nations System for International Control of Narcotic Drugs and Psychotropic Substances (hereafter “drugs”) and is the most widely consumed of all the drugs. According to that control system, cannabis is among the substances with the strictest legal status; they are the most prohibited, supposedly because of the harm they cause and their lack of medical usefulness.
Paraguay is the principal producer of cannabis in South America. Despite its importance as a supplier of cannabis in South America, there has been a surprising absence of serious studies of its impact on its own society, and on the play of offer and demand in neighbouring countries.
The Report of the International Narcotics Control Board (INCB) for 2010 reveals not only the INCB’s continuing habit of exceeding its mandate, but also an enthusiasm for censuring what it regards as moves towards the liberalization of policy practice while preferring to remain silent on other areas that are within its purview and merit attention. This IDPC report concludes that this year’s Report does reflect some positive changes in the INCB’s outlook, but these are still outweighed by familiar negative practices and positions.