Heather J. Haase, Nicolas Edward Eyle, Sebastian Scholl , Joshua Raymond Schrimpf
31 July 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.
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.
Latin America has emerged at the vanguard of efforts to promote debate on drug policy reform. For decades, Latin American governments largely followed the drug control policies and programs of Washington’s so-called war on drugs. Yet two parallel trends have resulted in a dramatic change in course: the emergence of left-wing governments that have challenged Washington’s historic patterns of unilateralism and interventionism and growing frustration with the failure of the prohibitionist drug control model put forward by the US government.
International tensions over Uruguay’s decision to regulate the cannabis market reached new levels when Raymond Yans, president of the International Narcotics Control Board (INCB), accused Uruguay of negligence with regard to public health concerns, deliberately blocking dialogue attempts and having a "pirate attitude" towards the UN conventions. President Mujica reacted angrily, declaring that someone should "tell that guy to stop lying," while Milton Romani, ambassador to the Organisation of American States (OAS), said that Yans "should consider resigning because this is not how you treat sovereign states."
UN’s International Narcotics Control Board (INCB) unprecedented condemnation of the use of death penalty for drug-related offences is welcome if long overdue. The bigger question is whether INCB’s consideration of human rights can be extended into a proper human rights and evidence-based examination of UN’s entire drug control regime.
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.
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.