As an increasing number of jurisdictions consider whether and how to legalize and regulate access to cannabis, tensions are growing between these initiatives and countries’ obligations under the UN drug control conventions. A groundbreaking new report produced by a coalition of legal and drug policy experts offers strategies for countries exploring regulatory approaches to cannabis to do so in ways that ensure that their domestic reforms align with their international legal obligations.
With an increasing number of jurisdictions enacting or contemplating reforms creating legal access to cannabis for purposes other than exclusively "medical and scientific," tensions regarding the drug conventions and evolving law and practice in Member States continue to grow.
Volkskrant - De Verenigde Naties houden voor het eerst in twintig jaar een conferentie over drugs, op verzoek van drie Latijns-Amerikaanse landen die vinden dat het tijd wordt een alternatief te zoeken voor de War on Drugs.
As jurisdictions enact reforms creating legal access to cannabis for purposes other than exclusively “medical and scientific,” tensions surrounding the existing UN drug treaties and evolving law and practice in Member States continue to grow. How might governments and the UN system address these growing tensions in ways that acknowledge the policy shifts underway and help to modernize the drug treaty regime itself, and thereby reinforce the UN pillars of human rights, development, peace and security, and the rule of law?
The United Nations drug control conventions of 1960 and 1971 and later additions have inadvertently resulted in perhaps the greatest restrictions of medical and life sciences research. These conventions now need to be revised to allow neuroscience to progress unimpeded and to assist in the innovation of treatments for brain disorders. In the meantime, local changes, such as the United Kingdom moving cannabis from Schedule 1 to Schedule 2, should be implemented to allow medical research to develop appropriately.
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 Research Consortium on Drugs and the Law (CEDD)
09 ဇူလိုင်လ 2014
The Research Consortium on Drugs and the Law (Colectivo de Estudios Drogas y Derecho, CEDD) has published a new study that assesses state responses to illicitly-used drugs in eight countries in Latin America: Argentina, Brazil, Bolivia, Colombia, Ecuador, Mexico, Peru and Uruguay. The study found that Latin American governments’ approach to drug use continues to be predominantly through the criminal justice system, not health institutions. Even in countries where consumption is not a crime, persistent criminalization of drug users is common.
Over the past several decades, Latin America has seen penalties for drug crimes—even low-level selling—skyrocket. And in many Latin American countries, non-violent drug offenses receive significantly longer sentences than many violent crimes, such as homicide and rape. A new study of criminal legislation explores this phenomenon in seven Latin American countries (Brazil, Ecuador, Peru, Mexico, Colombia, Bolivia, and Argentina).
In Latin America, trafficking cocaine so it can be sold to someone who wants to use it is more serious than raping a woman or deliberately killing your neighbor. While it may seem incredible, that is the conclusion of a rigorous study of the evolution of criminal legislation in the region, which shows that countries’ judicial systems mete out harsher penalties for trafficking even modest amounts of drugs than for acts as heinous as sexual assault or murder.
The three UN Drug Conventions of 1961, 1971 and 1988 currently impose a ‘one-size-fits-all’ prohibitionist approach to drug policy throughout the world. This new report explains in detail how the Conventions could be amended in order to give countries greater freedom to adopt drug policies better suited to their special needs.
The story of the Mexican drug war has generally focused on the violence perpetrated by drug cartels and the apparent inability to bring so many criminals to justice. Unfortunately—while it’s true many have evaded justice—there remain many more people who use drugs and those with very low levels of involvement in the drug trade, who have been swept up in recent crackdowns.
Latin American drug policies have made no dent in the drug trade; instead they have taken a tremendous toll on human lives. In 2009, the Washington Office on Latin America (WOLA) and the Transnational Institute (TNI) embarked on an ambitious project to document the real impact of Latin America’s “war on drugs” and to show its human cost through the video testimonies of the victims themselves.
Since 1909 the international community has worked to eradicate the abuse of narcotics. A century on, the efforts are widely acknowledged to have failed, and worse, have spurred black market violence and human rights abuses. How did this drug control system arise, why has it proven so durable in the face of failure, and is there hope for reform?
Heather J. Haase, Nicolas Edward Eyle, Sebastian Scholl , Joshua Raymond Schrimpf
31 ဇူလိုင်လ 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.
A growing number of nations are developing policies that shift away from the prohibition-oriented failed approach to drugs control. Ultimately however nations will need to reform the overall UN based global drug control framework of which practically all nations are a part.
Recent years have seen a growing unwillingness among increasing numbers of States parties to fully adhere to a strictly prohibitionist reading of the UN drug control conventions; the 1961 Single Convention on Narcotic Drugs (as amended by the 1972 Protocol), the 1971 Convention on Psychotropic Substances; and the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
March 2011 marked the 50th anniversary of the Single Convention on Narcotic Drugs. This legal instrument, the bedrock of the current United Nations based global drug control regime, is often viewed as merely a consolidating treaty bringing together the multilateral drug control agreements that preceded it; an erroneous position that does little to provide historical context for contemporary discussions surrounding revision of the international treaty system.