These are interesting times for drug law reform, which, as it gathers pace, is asking important questions of international law. A UN General Assembly Special Session on Drugs is set for 2016 just as national reforms are challenging international treaties that form the bedrock of a global prohibition regime that has dominated since the turn of the twentieth century. States parties to the three UN drug control conventions must now confront the legal and political dilemmas this creates. This is the situation in which the US now finds itself following cannabis reforms in various states that are at odds with these treaties.
In 2012, voters in the US states of Washington, Colorado and Oregon were given the opportunity to vote in ballot initiatives for the creation of legally regulated cannabis markets. Washington’s Initiative 502 and Colorado’s Amendment 64 both passed with 55.7% and 55.3% of the vote respectively. Oregon’s Measure 80 failed with 53.4% of those voting rejecting the measure. As calls for and legal processes towards the initiation of cannabis policy reform become more common within US states, it is a timely and useful exercise to reflect upon the campaigns for reform in Washington (WA), Colorado (CO) and Oregon (OR) and examine why the public supported cannabis policy reform in some instances and not others.
La politique vis-à-vis du cannabis est en rapide évolution. Ainsi, les citoyens de l'Alaska et de l'Oregon, comme ceux de Washington DC, la capitale des Etats-Unis, viennent à leur tour de légaliser la possession de cannabis et, pour les deux premiers, d'autoriser un marché régulé pour cette substance. Des expériences de ce type sont depuis peu en cours ailleurs aux Etats-Unis et dans le monde. Quelles leçons peut-on déjà en tirer? Addiction Suisse propose une vue d'ensemble des développements les plus récents dans les Amériques, en Europe et en Suisse.
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.
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.
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.
The dynamics of reform in the Americas continues. This time, the momentum comes from the Caribbean region. Jamaica and other Caribbean Community (CARICOM) member states are now moving to change their marijuana laws. Among the proposed changes discussed in Jamaica were the decriminalisation of possession of small amounts of ganja for recreational and religious use and cultivating it for medicinal purposes.
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.
Graham Boyd, Sarah Trumble, Lanae Erickson Hatalsky
11 ဧပြီလ 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.