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.
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.
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.
Suppose the United States government helps to negotiate, and subsequently champions, certain framework treaties – ones justly viewed as imposing significant constraints on all signatories. Down the road, the United States occasionally even calls out counterparties for their looser policy innovations, when the latter push the outer boundaries of what’s permitted under the treaties; a treaty-created monitoring body does likewise in its annual reporting. This pattern essentially holds year in and year out and from one presidential administration to the next.
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.
Assistant Secretary of State William Brownfield called for "flexible" interpretations of international drug control treaties at the United Nations in New York City, citing marijuana legalization in Colorado and Washington.
In a press conference at the United Nations in New York on October 9, US official William Brownfield laid the groundwork for a new US approach to international drug policy, pointing to the changing political landscape on drug regulation in the Americas.
The extent to which the ongoing drug-control reforms across the Americas are pushing the boundaries of the global legal framework laid down in three UN drug-control conventions has become a delicate issue. The decriminalization of possession for personal use in several Latin American countries and the establishment of a supervised injection room in Vancouver, Canada have already triggered protracted legal disputes with the International Narcotics Control Board (INCB), the quasi-judicial organ for the conventions’ implementation.
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.