The Big Global Drug Policy Stories of 2014 [FEATURE]

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2014 was a big year for drug reform, and for a change, the US is pulling things in the right direction. But it some places, it’s been business as usual, and in others, things have gone in the wrong direction. Here are our big international stories of the year.

[image:1 align:left caption:true]Marijuana Legalization Expands in the US

Two more states and the District of Columbia legalized marijuana at the ballot box this year. That makes four states and DC that have legalized it. The US has historically been the leading enforcer of global drug prohibition, but the actions of voters in American states have seriously undercut the (now former, see below) US position, as well as providing an example to the rest of the world.

The US Signals a New Openness to Drug Reform at the International Level

In a little-heralded, but groundbreaking move, US Assistant Secretary of State William Brownfield, head of the Bureau of International Narcotics and Law Enforcement Affairs (“drugs and thugs”), made it clear that the US is willing to embrace flexibility, up to and including drug legalization in other countries, in the face of rising calls for international drug reform.

Brownfield succinctly laid out the US approach in an October speech: “First, respect the integrity of the existing UN Drug Control Conventions. Second, accept flexible interpretation of those conventions… Third, to tolerate different national drug policies, to accept the fact that some countries will have very strict drug approaches; other countries will legalize entire categories of drugs. All these countries must work together in the international community. We must have some tolerance for those differing policies. And our fourth pillar is agreement and consensus that whatever our approach and policy may be on legalization, decriminalization, de-penalization, we all agree to combat and resist the criminal organizations — not those who buy, consume, but those who market and traffic the product for economic gain. Respect the conventions; flexible interpretation; tolerance for national policeis; criminal organizations — that is our mantra.”

Calls for an End to Drug Prohibition Increase as the 2016 UNGASS on Drugs Looms

This year saw the pressure for reform of the international drug control regime grow even more intense, and fractures in a now crumbling prohibitionist consensus grew even deeper. The UN Commission on Narcotic Drugs meeting in Vienna in March revealed schisms among countries about future steps on global drug control even as the global drug bureaucrats gave signs of softening in some policy areas, especially around emphasizing public health as opposed to criminalization. The meeting ended with a formal joint ministerial statement agreed to at the last minute after months of contentious wrangling, but one where countries failed to agree on a common approach and where certain fractious issues — such as the use of the death penalty for drug offenses or even the mention of the term “harm reduction” — were omitted entirely.

[image:2 align:right caption:true]Countries critical of the global drug policy status quo, particularly from Europe and Latin America, were joined by an ever-stronger civil society presence at the CND. The message of reform grows ever louder and presages an especially contentious next step, the UN General Assembly Special Session (UNGASS) on Drugs, set for 2016.

During the rest of the year, the call for reform from civil society only grew louder. In May, the London School of Economics (LSE) published a Ending the Drug Wars: Report of the LSE Expert Group on the Economics of Drug Policy, signed onto by five Nobel Prize-winning economists, as well as political figures including British Deputy Prime Minister Nick Clegg, Guatemalan Foreign Minister Luis Fernando Carrera Castro, former Polish President Aleksander Kwasniewski, former US Secretary of State George Schultz, and former European Union High Representative for Common Foreign and Security Policy Dr. Javier Solana, among other luminaries.

“It is time to end the ‘war on drugs’ and massively redirect resources towards effective evidence-based policies underpinned by rigorous economic analysis,” the report says forthrightly. “The pursuit of a militarized and enforcement-led global ‘war on drugs’ strategy has produced enormous negative outcomes and collateral damage. These include mass incarceration in the US, highly repressive policies in Asia, vast corruption and political destabilization in Afghanistan and West Africa, immense violence in Latin America, an HIV epidemic in Russia, an acute global shortage of pain medication and the propagation of systematic human rights abuses around the world.”

That was followed in June by the West Africa Commission on Drugs, which was initiated by former UN Secretary-General Kofi Annan of Nigeria, is headed by former Nigerian President Olusegun Obasanjo, and includes other former heads of state as well as a distinguished group of West Africans from the worlds of politics, civil society, health, security and the judiciary. The commission issued a report, Not Just in Transit: Drugs, the State and Society in West Africa, calling for the decriminalization of drug use, treating drug use primarily as a public health issue, and for the region to avoid becoming the next front line in the failed war on drugs.

And then, in September, the Global Commission on Drug Policy, which includes Annan, former presidents Fernando Henrique Cardoso (Brazil), Ernesto Zedillo (Mexico) and Ruth Dreifuss (Switzerland), and others, issued a new report, Taking Control: Pathways to Drug Policies that Work. It boldy called on “governments to decriminalize a variety of illegal drugs and set up regulated drug markets within their own countries.”

Uruguay Forges Ahead With Marijuana Legalization

President Jose “Pepe” Mujica may be gone — his term expired — but his legacy of legalizing the marijuana trade lives on. There was some doubt as Uruguayans voted on his replacement — the opposition candidate vowed to roll it back — but they chose a successor from his same party who will uphold and implement the legal marijuana commerce plan. Uruguay never criminalized pot possession, and now it is the first country to legalize the trade. Implementation should continue apace next year.

Afghanistan Pumps Out More Opium

As the US and NATO declare an end to their Afghan war, Afghanistan is growing and producing as much opium as ever. According to the UN Office on Drugs and Crime (UNODC) Afghanistan Opium Survey 2014, land under poppy cultivation increased 7% this year. UNODC estimated opium production this year at 6,400 tons, up 17% over last year. But while annual production has been at 6,000 tons or more for the past few years, it is not as high as the record year of 2007, when production totaled over 8,000 tons. And this as the US spent $7.6 billion to fight the opium trade since invading in 2001.

And the Golden Triangle Is Back, Too

Opium production increased again in Southeast Asia’s Golden Triangle this year, continuing a pattern of growth that has now gone on for at least the past eight years. According to the UN Office on Drugs and Crime (UNODC) Southeast Asia Opium Survey 2014, the region produced 762 tons of opium this year, with the vast majority coming from the Burmese Shan State. While Golden Triangle production accounts for only about 10% of global opium production, Burma is now the world’s second largest opium producer, behind Afghanistan.

[image:3 align:left caption:true]Mexican Drug War

It’s been the best of times and the worst of times for Mexican President Enrique Pena Nieto and his government’s prosecution of its war against the drug cartels. While media attention to the Mexican drug war has declined dramatically since 2012 — an election year in both the US and Mexico — the drug war hasn’t gone away, and the death toll has plateaued, but not declined. The year started off great for Pena Nieto with the arrest of the heretofore seemingly invincible Chapo Guzman, head of the Sinaloa Cartel. Other major cartel figures have been killed or arrested throughout the year. But things turned sour again this fall when drug gang-connected elected officials in Iguala, Guerrero, sicced local police and the local Guerreros Unidos gang, on busloads of protesting radical teachers’ college students, leaving 43 missing and presumed dead. That led to mass protests against lawlessness, official corruption, and impunity across the country.

Now Part of Russia, Crimea Rolls Back Harm Reduction Measures

Whatever one thinks of the Russian annexation of the Crimean peninsula from Ukraine, it’s been bad news for Crimean drug users. While Ukraine has embraced a harm reduction approach to hard drug use, Russia rejects such an approach and has some of the most repressive drug laws in the world. And it moved quickly in Crimea, banning the use of methadone almost immediately, which the International HIV/AIDS Alliance called “a disaster for health, human rights and the HIV epidemic in the region.” By June, with more than 800 people cut off from access to opiate maintenance, activists were reporting 20 deaths among drug users and that many others had fled to Kiev, while those that remained were turning to street drugs. Things have only gotten worse, and Ukraine shares somes of the responsibility for using the opiate maintenance programs as a political weapon against Crimea. Now, only does the ban on opiate maintenance remain, but drug users face assaults in the streets, as well as stays in jail. And the only “treatment” offered is Russian-style “psychiatric treatment.”

Can The United Nations Block US MJ Legalization?

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The United Nations International Narcotics Control Board’s latest annual report expressed dismay at the legalization of marijuana in Washington and Colorado and urged “the Government of the United States to take necessary measures to ensure full compliance with the international drug control treaties in its entire territory”. This led many media outlets to report that the U.S. had violated the UN drug control treaties to which it is a signatory. U.S. obligations under the treaties, and indeed the broader international future of marijuana legalization, are complex matters. But the essential points can be summarized in a 4-part Q&A.

1. Is the U.S. currently in violation of the UN treaties it signed agreeing to make marijuana illegal? No. The U.S. federal government is a signatory to the treaty, but the States of Washington and Colorado are not. Countries with federated systems of government like the U.S. and Germany can only make international commitments regarding their national-level policies. Constitutionally, U.S. states are simply not required to make marijuana illegal as it is in federal law. Hence, the U.S. made no such commitment on behalf of the 50 states in signing the UN drug control treaties.

Some UN officials believe that the spirit of the international treaties requires the U.S. federal government to attempt to override state-level marijuana legalization. But in terms of the letter of the treaties, Attorney General Holder’s refusal to challenge Washington and Colorado’s marijuana policies is within bounds.

2. Can the UN punish countries that legalize marijuana? Only to a small degree. The UN International Narcotics Control Board is the keeper of the drug treaties and regularly chastises governments that violate their commitments. This can be embarrassing in international diplomatic circles, but no nation has ever collapsed due to embarrassment.

Because the International Narcotics Control Board has power over the production and transport of the legal medical supply of drugs it could in theory punish a country that legalized marijuana by imposing punitive controls on pain medications. But the international humanitarian outcry over such an action would be enormous. Further, the countries that produce the most opiate painkillers are not easy to push around (e.g., Australia, India, The United States). It is thus safe to assume that crimping the medical supply of drugs is a trigger that the Narcotics Control Board is not going to pull.

3. Does the entire UN drug treaty system need to be undone in order for countries to legalize recreational marijuana? No. Marijuana is just one of many psychoactive substances made illegal by the UN drug control treaties. Some drug legalization activists hope that if support for marijuana legalization grows internationally, it will require all UN drug treaties to be revised, thereby granting an opportunity to legalize cocaine, heroin and every other drug at the same time. This is a misreading both of international political sentiment and UN protocol.

Even among nations with some sympathy towards marijuana legalization, there is minimal enthusiasm for allowing, say, the Phillip Morris corporation to sell cocaine legally throughout the world as it does cigarettes. If the price of changing UN treaties regarding marijuana is legalizing all drugs, many otherwise sympathetic nations will vigorously oppose the action.

But as it happens, it’s a moot point because under U.N. protocol, new treaties supersede old treaties. Thus, if the nations of the world ever agree that they want to legalize recreational marijuana, they can write a new treaty focused just on that drug. This would nullify only the marijuana-related provisions of the overall UN drug control framework, leaving the status of other currently illegal drugs unaffected.

4. Wouldn’t a new UN marijuana drug treaty just be a vehicle for the U.S. to push its tough marijuana policies worldwide? Get ready for a surprise. If all nations adopted current U.S. marijuana policy, the result would be significant relaxation of international control over marijuana. Prior to the Obama Administration, a Rand Corporation study found that the level of marijuana enforcement in the U.S. was similar to that of Western Europe. Since Obama was elected, marijuana enforcement intensity has plummeted and the federal government has dropped its longstanding opposition to state-level marijuana decriminalization and legalization efforts.

Last but not least, remember that the only legal recreational marijuana markets in the world are not in the Netherlands or in Portugal but right here in the United States. Transplanting current U.S. marijuana policy worldwide via a new UN treaty would mean somewhat more liberal marijuana control policy in Europe, and dramatically more relaxed policy in most of Africa, the Middle East and Asia.

In short, supporters of marijuana legalization don’t really need to worry about the UN drug control treaties. Whether marijuana legalization sweeps the world or not depends on something far more fundamental: What people around the world decide is the best approach to the drug.

Source: Huffington Post (NY)
Author: Keith Humphreys, Professor of Psychiatry, Stanford University
Published: September 25, 2013
Copyright: 2013 HuffingtonPost.com, LLC
Contact: [email protected]
Website: http://www.huffingtonpost.com/