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.
An October statement on drug control from the US State Department has prompted much comment and speculation at home and abroad. Delivered by Ambassador William Brownfield, the ‘Brownfield Doctrine’, as it has been named by some commentators, lays out a four pillar approach the United States will follow in matters of international drug control.
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.
The Hungarian Civil Liberties Union (HCLU) traveled to California and attended the International Drug Policy Reform Conference in LA to find out what are the latest development of the battle for legal marijuana in the US. We interviewed activists from several organizations, asked questions about the chances of state level ballot initiatives, we even saw how people will use cannabis in the 21st Century. Welcome to the future of US marijuana regulation - please watch and share HCLU's new movie.
Across the Americas, an unprecedented debate on drug policy reform is underway. While a regional consensus on what form those reforms should take remains elusive, there are at least two issues where consensus is growing: the need to address drug use as a public health, rather than criminal, issue and the need to promote alternatives to incarceration for low-level, nonviolent drug offenders and ensure proportionality in sentencing for drug-related crimes. Draconian drug laws were often adopted in Latin American countries with the encouragement – if not outright diplomatic, political and economic pressure – from the U.S. government.
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.
Two years ago, California’s bid to legalize marijuana—Proposition 19—achieved great notoriety in Latin America, but ultimately fell short at the ballot box. Next Tuesday, voters in the state of Washington appear ready to do what Prop 19’s supporters could not quite achieve—an Election Day victory.
For decades, the United States has been a champion of the global drug control treaty system, which limits the use of marijuana exclusively to medical and scientific purposes, and obligates governments to punish and even criminalize recreational marijuana activity. But American attitudes toward marijuana policy are shifting: voters in Colorado and Washington approved ballot initiatives to legalize regulated recreational marijuana in 2012, and recent polls suggest that the majority of Americans think marijuana use should be legalized.
WASHINGTON, Feb 26 (Reuters) - Here's a stern warning to the U.S. states of Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. A United Nations body is displeased with your liberal medical marijuana laws. Very displeased.
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.
By combining drug treatment with ongoing judicial supervision, drug courts seek to break the cycle of addiction, crime, and repeat incarceration. While practice varies widely from state to state (and county to county), the outlines of the drug court model are clear: addicted offenders are linked to treatment; their progress is monitored by a drug court team composed of the judge, attorneys, and program staff; participants engage in direct interaction with the judge, who responds to progress and setbacks with a range of rewards and sanctions; and successful participants generally have the charges against them dismissed or reduced, while those who fail receive jail or prison sentences.
Emily Crick, Heather J. Haase, David Bewley-Taylor
14 November 2013
In November 2012, voters in two US states – Washington and Colorado – approved ballot initiatives to establish legally regulated markets for the production, sale, use and taxation of cannabis (commonly referred to in the US as marijuana). This is the first time anywhere in the world that the recreational use of the drug will be legally regulated – the wellknown coffee shop system in the Netherlands is merely tolerated rather than enshrined in law. Needless to say, with implications both within and beyond US borders, the drug policy community is watching Colorado and Washington closely.
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.
Sweden joined the United States and the United Kingdom in objecting to the re-accession of Bolivia to the 1961 UN Single Convention on Narcotic Drugs after Bolivia had denounced the convention and asked for re-accession with a reservation that allows for the traditional age-old ancestral habit of coca chewing in the country. Italy and Canada also objected, but the objection of Sweden is particularly disturbing.
Fifty years after signing the United Nations Single Convention on Narcotic Drugs and 40 years after the U.S. government declared a "war on drugs," many obstacles remain despite the partial successes of efforts to counter the problem. The Andean-United States Dialogue Forum, noted with concern how drug policy has monopolized the diplomatic and economic agenda between the Andean countries, contributing to tensions among the governments and impeding cooperation on other crucial priorities, such as safeguarding democratic processes from criminal networks.
It's as predictable as the sun rising and setting. Even though police made more than 850,000 marijuana arrests last year, a recent government report shows youth marijuana use increased by about 9 percent -- 76 percent of Americans recognize the drug war has failed; millions are demanding change.
Many countries in the region – most recently Mexico – have decriminalized small amounts of drugs for personal use. The moves have followed decisions by left-leaning governments to limit cooperation with the US in recent years.
Present international drug control policies are deeply-rooted and change will no doubt come slowly. However, as a result of the Cartagena summit, for the first time a meaningful debate on developing and implementing drug control policies that are more humane and effective is underway. The genie is out and will be very hard to put back in the bottle, as much as U.S. officials might try.
Since the 1912 signing of the Hague Opium Convention—the agreement that formally established narcotics control within international law—the United States has established itself as the dominant actor in determining drug control policies around the world. A chief architect of the international drug control regime, Washington has done its best to ensure that all subsequent international conventions obligate countries to adapt their domestic legislation to criminalize virtually all acts related to the illicit market in controlled substances, with the important exception of drug consumption. The predominant focus on prohibition and criminalization has been exported to Latin America, where the vast majority of the cocaine and heroin consumed in the United States originates.
At the root of the drug policy debate in Latin America is growing recognition that present policies have failed to achieve the desired objectives, the extremely high costs of implementing those policies paid by Latin American countries, and the need to place higher priority on reducing unacceptably high levels of violence. Of particular concern is the spread of organized crime and the resulting violence, corruption and erosion of democratic institutions.