Rerolled: January 9, 2020 | #STDW
We're looking at 2019 through the rearview mirror now, but before we turn our sights to 2020, it's worth taking a few moments to look back at the last year in international drug policy. From marijuana law reform to the push for drug decriminalization, from the coca fields of Colombia to the poppy fields of Afghanistan, and from the killing fields of Mexico and the Philippines, there was a lot going on. Here are ten of the biggest international drug policy stories of 2019, in no particular order.
1. Marijuana Legalization and Decriminalization Advances
The wall of marijuana prohibition continued to crumble in 2019, albeit at an achingly slow pace.
A lot of the activity was in Europe. In March, Switzerland announced plans to let up to 5,000 people legally smoke marijuana in pilot studies aimed at shaping rules for recreational use of the drug.
In the Netherlands, the government finally moved in August to address the longstanding "backdoor problem," where marijuana is allowed to be sold but there is no legal source of supply. It announced a pilot program to begin in 2021 in which cannabis cafes in ten Dutch cities will be supplied with legally grown marijuana. The big cities of Amsterdam and Rotterdam opted out because of worries that problems could arise if they all abandoned their illicit suppliers simultaneously.
In Denmark, the city council in Copenhagen, the country's capital and largest city, voted overwhelmingly in August to support a pilot program that would see marijuana sold legally across the city. The council has long pushed for this, but now there is a new left-wing government, so perhaps it will be allowed to happen.
Also in August, Luxembourg looked set to become the first European country to free the weed, as the government confirmed plans to legalize it, saying that residents 18 and over should be able to use and purchase it within two years. In December, though, the government said it will still be at least two years, citing "delays in working on policy related to the legislation."
And just at year's end, in Italy, the Supreme Court ruled that the small-scale personal cultivation of marijuana is legal, triggering calls for further legalization. The court declared that laws against growing drug crops should not apply to "small amounts grown domestically for the exclusive use of the grower."
And Israel decriminalized marijuana possession as of April 1. Possession of small amounts of marijuana in private homes is no longer to be treated as an offense, criminal or otherwise, while public possession will generate a fine of around $275, with that fine doubling for a second offense within five years. Only people who commit a third public possession offense within seven years will face the possibility of criminal prosecution.
In Australia, Canberra, the national capital, became the first city in the country to legalize marijuana personal use and cultivation. The law legalizes up to 50 grams and two plants per person, but not sales. It is set to go into effect on January 31, 2020, but conflicts with national marijuana prohibition, so stay tuned. And in nearby New Zealand, the governing coalition announced in May it would hold a binding referendum on marijuana legalization during the 2020 elections. In December, it unveiled a government web site with information on the proposed legalization bill that will be put before the voters.
In the Western hemisphere, Uruguay and Canada have led the way on marijuana legalization, but Mexico looks set to be the next over the line. After legislators there failed to pass legalization by a Supreme Court-imposed deadline at the end of October, the court gave them an extension until June 1 to get it done. Lawmakers got very close late in 2019 but were unable to close the deal because of disputes among competing business interests. There was action in Colombia, too, where an opposition senator filed a legalization bill in August. That bill is reportedly backed by former President Juan Manuel Santos, but it is the votes of the Liberal Party that will determine whether it advances.
There was progress in the Caribbean, too. In Trinidad & Tobago, non-commercial marijuana legalization went into effect in December, allowing people to possess up to 30 grams and grow four plants. A regulated marijuana marketplace is likely coming in 2020. In St. Kitts and Nevis,the government in midsummer filed a bill to legalize marijuana for "medicinal and scientific, religious, and recreational purposes." It remains pending at year's end. A similar effort is underway in the British Virgin Islands, where a draft bill to legalize marijuana is being reviewed by government officials.
2. Medical Marijuana on the Move
Acceptance of medical marijuana on the global stage continued to increase in 2019, and the year got off to a good start in January when the Israeli Cabinet gave final approval to exports, making it the third country, after Canada and the Netherlands, to do so. The following month, the European Parliament approved a resolution to advance medical marijuana in countries that form the European Union.
Meanwhile, Thailand formally embraced medical marijuana when King Maha Vajirlongkorn signed a decree legalizing it and kratom; and later in the year, a member of the country's ruling coalition government filed a bill that would allow people to grow up to six plants for personal medicinal use. And in the Philippines, a bill to legalize medical marijuana was reintroduced in 2019. Similar bills have been filed each year since 2014. Last year, the bill passed the lower house but failed to get out of the Senate.
In Latin America, Peru joined the ranks of medical marijuana countries more than a year after it became law when the government finally approved regulations to cover its production and use. In Mexico, the Supreme Court in August gave the federal health ministry until January to issue regulations on medical marijuana.
In the Caribbean, in August, Barbados introduced legislation to establish the legal foundation for a local medical marijuana industry, joining Jamaica, St. Vincent and the Grenadines as well as Antigua and Barbuda in approving marijuana cultivation.
Medical marijuana was sort of on the move at the United Nations too. In late January, the World Health Organization recommended the removal of marijuana from Schedule IV of the global drug treaties, the most restrictive category, along with other related reclassifications of substances involving marijuana's components or synthetic substitutes for them. This would stop short of the kind of full stamp of approval WHO gives to many drugs — marijuana would not become an "essential medicine" — but it would eliminate a designation that some governments might find constraining in terms of allowing medical use in their own countries. Most importantly, it would be widely seen as recognition by the UN of marijuana as a medicine (though international law does not ban medical use of marijuana now).
The Commission on Narcotic Drugs — the subset of UN member states that sets drug policy for the UN — was supposed to vote on the WHO recommendations during its March meeting, but that didn't happen because the recommendations were delayed at the end of 2018, leaving several countries to complain that they needed more time to study them.
[image:2 align:right caption:true]3. Drug Decriminalization on the Move
Beyond marijuana legalization, the decriminalization of drug use and possession is probably the most significant means within current political striking range for reducing the criminal justice harms of drug prohibition. Portugal, which decriminalized in 2001, remains a shining example to emulate.
In Canada, in May, the House of Commons Health Committee called on the federal government to study Portugal's drug decriminalization and see how the model could be "positively applied in Canada." The following month, British Columbia nurses called urgently for decriminalization, but in September, as he campaigned for reelection, Prime Minister Justin Trudeau said decriminalization was not on the agenda, even though the national Liberal Party caucus in 2018 passed a resolution calling to "reclassify low-level drug possession and consumption as administrative violations" rather than criminal ones. The conversation is advancing north of the border.
The conversation is also advancing in the United Kingdom, where the Scottish National Party formally endorsed drug decriminalization, as did the British Parliament's Health and Social Care Committee and Parliament's Scottish Affairs Committee. Britain's leading medical journal, The Lancet, came out hard for decriminalization in a special drugs issue released in October. The following month, Britain's largest drug treatment providers called for radical drug policy reforms, including decrim. But the ruling Conservative Party with Boris Johnson freshly installed as prime minister, remains opposed — for now.
It's not just Canada and Great Britain, either. In Mexico, President Andres Manuel Lopez Obrador in May submitted a decriminalization plan to Congress, while in Malaysia, the government announced in June that it planned to drop criminal penalties for drug use and possession. The following month, in Colombia, the legislative opposition and the center-right block filed a bill to decriminalize there.
In Australia, the New South Wales Special Commission of Inquiry into Ice (methamphetamine) released recommendations in October calling for harm reduction approaches and decriminalization. In the United States, an effort to put a decrim initiative on the 2020 Oregon ballot got underway in the fall, and a national movement to decriminalize psychedelics got underway.
The push to decriminalize is also working its way through the global drug control bureaucracy, as was evident in March when a key UN organization called for global drug decriminalization. The UN Chief Executives Board (CEB), representing 31 UN agencies including the Office on Drugs and Crime, adopted a position calling on member states to adopt science-based, health-oriented approaches to drug policy — namely decriminalization. The policy shift — or rather, recognition of what the policies of UN agencies on this already were — came in January but was not publicly announced.
4. Harm Reduction and Human Rights
Along with decriminalization, harm reduction and concern about human rights gained momentum in 2019.
In March, a coalition of UN Member States, UN entities and leading human rights experts meeting at the Commission on Narcotic Drugs in Vienna launched a landmark set of international legal standards around drug policy: the International Guidelines on Human Rights and Drug Policy. The following month, more than 300 NGOs called for harm reduction and drug decriminalization at the 26th International Harm Reduction Conference in Lisbon.
In the United Kingdom, both the British Labour Party and Parliament's Scottish Affairs Committee called for safe injection sites, while in Ireland, a Dublin safe injection site was moving closer to reality at year's end.
In Australia, the New South Wales Special Commission of Inquiry into Ice (methamphetamine) recommended harm reduction approaches in October, and the New Zealand government in December announced a pilot program to examine pill-testing at festivals, marking the first time such a study will have been done in the country.
5. Mexico Ravaged by Prohibition-Related Violence for Another Year
In January, Mexican authorities reported that the number of murders in 2018 hit an all-time high with more than 33,000, many of them directly linked to violence among competing drug cartels and between cartels and the state. A lot happened between then and now, but at the end of 2019, this year's death toll was at just under 32,000. At least it didn't get worse, but those numbers are still horrifying, and the year-old administration of President Andres Manuel Lopez Obrador hasn't been able to turn the corner yet. It's not for lack of trying or willingness to embrace new ideas.
In February, the Mexican Senate approved a plan for a new National Guard to fight crime and drug trafficking, but only after amending it to ensure that the new security force is headed by civilians, not the military, which has been linked to numerous human rights violations.
In May, Lopez Obrador called for an end to Plan Merida, under which the US provided security assistance to fight the drug war, with the president saying he wants the US to end the anti-drug Merida Initiative and instead invest in economic development in southern Mexico and Central America. Saying the plan "hasn't worked," Lopez Obrador added that, "We don't want cooperation on the use of force, we want cooperation on economic development. We don't want the so-called Merida Initiative."
In June, the murder rate topped 2,000 a month for this first time, a toll linked to the rise of the Jalisco New Generation cartel, which is seeking to supplant the Sinaloa cartel formerly headed by Joaquin "El Chapo" Guzman, who is now serving a sentence in the US. In north-central Guanajuato state, the JNGC has been duking it out with yet another faction, the Santa Rose de Lima cartel, leaving more than 3,200 dead in that state alone by year's end.
By August, a Catholic bishop issued a call for dialogue between the government and armed groups, including drug cartels. That was Bishop Salvador Rangel Mendoza of Chilpancingo-Chilapa (Guerrero state), a key opium-growing region. Responding to the government's announcement that it was in talks with so-called community police groups and self-defense militias, but not the cartels, the bishop chided the government, saying, "To get peace you have to dialogue, even with Satan, with whomever it might be to get peace."
As cartel clashes raged through the summer and fall, the government tentatively explored alternatives to continuing drug war. In September, Lopez Obrador said he was considering a referendum on drug legalization, and in October, the ruling MORENA Party's leader in the Chamber of Deputies, Mario Delgado Carrillo, proposed legalizing all drugs to combat cartel violence. His comments were in response to one of the more brazen cartel actions in 2019, when Sinaloa Cartel gunmen forced the release of El Chapo's son after he was captured by security forces in the cartel heartland city of Culiacan and they turned the city into a war zone until Ovidio Guzman was freed, greatly embarrassing the government.
That same month, in another brazen attack, gun men from the JNGC ambushed police in Michoacan, killing more than a dozen and leaving signed placards on their bodies warning police not to support rival crime groups, such as Los Viagras.
In yet another act of gruesome violence — and one that caught the attention of Americans long bored with the violence south of the border — in November, cartel gun men killed nine women and children with dual US-Mexico citizenship, prompting President Trump to suggest he could use the US military to "wage war" against the cartels. Lopez Obrador declined that offer [Ed: wisely, for them and for us].
6. Coca, Cocaine and Chaos in Colombia
According to both the UN and the US, Colombia accounted for around 70% of global cocaine production in 2017, when the country produced 1,275 tons of cocaine, the most ever. In 2018, production declined by a tiny percentage, but remained near record high levels. There are no figures available yet for 2019, but there is no reason to suspect much has changed.
The high levels of coca cultivation and cocaine production have made a return to aerial spraying of coca crops a key goal of the rightist government of President Ivan Duque, who in March asked the Constitutional Court to ease restrictions on spraying, which President Juan Manuel Santos banned after the World Health Organization classified glyphosate as a likely carcinogen. That position won the support of US Secretary of State Pompeo in June, when, ignoring the global criticism of glyphosate and any other strategies for reducing cultivation, he called spraying "an important tool they need" to reduce coca production.
But in July, the Constitutional Court upheld the ban, although it also said spraying could resume if the government met certain conditions. At the end of December, the government announced plans to resume spraying, publishing a draft law that would allow fumigation flights under supervision of the national police. The proposal also calls for the creation of an independent agency that would oversee complaints related to aerial spraying including any potential impacts on rural communities.
Meanwhile three years after a peace deal between former President Santos and the leftist guerrillas of the FARC was signed, violence and chaos in the countryside are increasing. In March, coca farmers clashed with police in Cordoba, saying they were returning to coca after two years of waiting for economic and security assistance that never arrived. In April, a UN report found massacres on the increase, reflecting new criminal dynamics in key areas of the country.
In June, the government reported a jump in murders, driven largely by battles for control over coca-growing areas that had previously been controlled by the leftist the FARC, leaving FARC dissidents, other guerrilla groups, and criminal drug trafficking groups fighting over who will control the fields. And in August, a new report from Human Rights Watch found that renewed fighting over control of the cocaine trade in the Catatumbo region had forced some 40,000 people to flee their homes. Human Rights Watch accused the Colombian government of "not meeting its obligations" to protect civilians in the area.
And speaking of the FARC, they're back. In June, a military intelligence report said as many as a third of FARC fighters had picked up their guns again. They were joining dissident FARC groups operating in coca-growing regions. Disarmed FARC rebels were supposed to have been reintegrated into society, but that has been stymied by violence and discrimination. At least 139 former FARC members have been killed since disarming.
A couple of month later, FARC dissidents made it official. In August, dissident FARC leaders announced they were rejoining the path of armed struggle. Three years after an historic peace agreement between the leftist guerrillas of the FARC and the Colombian state, the dissidents said that the rightist government of President Ivan Duque had betrayed the peace accord. Led Ivan Marquez (Luciano Marin), they said they were ready for a "new stage of fightingm," citing the murders of more than a hundred former FARC members and labor activists, as well as the government's failure to provide sustainable development assistance to areas formerly under their control. "The state has not fulfilled its most important obligation, which is to guarantee the life of its citizens and especially avoid assassinations for political reasons," said Marquez. The number of dissidents affiliated with Marquez is estimated at around 2,000-3,000. The civil war with the FARC that began in 1964 left more than 220,000 people dead.
President Duque also faces challenges to his hardline approach to drug policy in both the courts and the congress. The Constitutional Court threw out his ban on public pot smoking and drinking, meaning police can no longer confiscate drugs considered to be for personal consumption, and people are again allowed to smoke marijuana and drink beer in public. But it's unclear whether Duque will abide by the ruling.
And in June, the legislative opposition and a center-right bloc filed a package of four bills that seek to decriminalize drug use and ban glyphosate, the chemical the government wants to use to fumigate coca. What opposition lawmakers want is to curb drug abuse by strengthening health care and to fight drug trafficking via voluntary crop substitution and rural development.
[image:3 align:left caption:true]7. Farewell to Bolivia's Coca Grower President
Long-time Bolivian leader Evo Morales, a former coca growers union leader who won the presidency in 2005 and was reelected twice was forced from office and fled the country after extended protests in the wake of disputed elections in November. Morales resigned after he lost the support of the military, which called on him to quit after weeks of sometimes violent protests.
As president, Morales broke with US drug policy in the region and legalized the production of coca in the country. He also lifted millions of Bolivians out of poverty, through heavy investments in public works projects. He began to lose support after ignoring a referendum calling on him not to run again, which had followed a series of controversies and scandals. Chaos escalated after an unexplained 24-hour delay in vote-counting before he was declared the victor. The country is now ruled by an interim hard right regime, but elections are supposed to happen in the next three months.
8. Philippines Drug War Faces International Pushback
The international community turned up the heat on Filipino President Rodrigo Duterte and his bloody drug war in 2019, but Duterte was undeterred.
In 2018, the International Criminal Court (ICC) opened a preliminary examination into human rights abuses in the drug war, and that March, Duterte responded by quitting the ICC. But the ICC said its preliminary investigation into Filipino drug war abuses would continue. In December 2019 the ICC Chief Prosecutor Fatou Bensouda announced that the examination was in the "very late stages," and that a decision on whether to open an investigation would be made during 2020.
In April, human rights advocates and harm reductionists rallied against the Philippine drug war at the 26th Harm Reduction International Conference in Porto, Portugal. "The Philippine government's barbaric campaign against the drug trade is severely harming the health and security of its communities. The evidence that punitive drug policies don't work is irrefutable. People around the world have sent a clear message to the government today — stop the killings and invest in the health and human rights of your people," Naomi Burke-Shyne, Harm Reduction International executive director, said.
In June, the Philippines National Police put the drug war's official death toll at 6,600, up from just under 5,000 seven months earlier. Human rights groups put the toll much higher, some as high as 30,000, with killings divided between police and shadowy vigilante groups.
That same month, UN experts called for a human rights probe of the Philippines drug war. A group of 11 United Nations human rights experts called or the UN's Human Rights Council to start an independent probe into rights violations in the Philippines, including illegal killings in President Rodrigo Duterte's bloody crackdown on drugs. The call gained momentum when a group of two dozen countries called for a UN investigation of drug war killings. A draft resolution submitted by Iceland and supported mainly by West European countries urged the government to halt extrajudicial executions and called on the UN Human Rights Council to address the crisis. And a major report from Amnesty International on drug war atrocities added fuel to the fire.
In July, the full UN Human Rights Council voted to begin an investigation into the mass killings. The Duterte government responded by refusing to grant the UN access to the country to investigate the killings and other human rights abuses. And Foreign Minister Teodoro Locsin called the UN experts "bastards."
In November, representatives from 51 countries called for the Philippines to "STOP THE KILLINGS" at the Drug Policy Alliance's International Drug Policy Reform Conference in St. Louis. "With the world watching, we felt compelled to use our platform to draw attention to the horrendous crimes taking place every day in the Philippines, with the full-throated support of that countrs presidey'nt," said Maria McFarland Sanchez-Moreno, executive director of the Drug Policy Alliance. "The Philippines is a stark example of how the drug war can so easily serve as an excuse for targeting vulnerable people, and harassing critics, and punishing opponents."
Also in November, Duterte engaged in some political flim-flam when he named strong drug war critic Vice President Leni Robredo as drug czar, then fired her less than three weeks later. Duterte accused Robredo of embarrassing the country by drawing international attention to his bloody war on drugs. But Robredo vowed to carry on the fight. "When I took this job, I asked you, are you ready for me? My question to you now is what are you afraid of? Are you afraid of what I might discover? Are you afraid of what the public might discover?," Robredo said at a news conference. "If they think I will stop here, then they don't know me, I am just starting," Robredo said.
"They cannot remove my determination to stop the killings and hold those responsible to account and win the fight against illegal drugs."
Meanwhile, another prominent political figure and drug war critic, Senator Leila de Lima remains behind bars, where she has been since arrested on bogus drug charges in February 2017. But she got some support from the US Congress late this year. In two separate moves in December, the Senate approved a Free Leila resolution (Senate Resolution 42) and approved a State Department spending bill that includes a provision barring entry "to foreign government officials about whom the Secretary has credible information have been involved in the wrongful imprisonment of Senator Leila de Lima."
The Duterte government has responded in typical fashion: It has now denied entry to three US senators, Ed Markey (D-MA), who authored the de Lima resolution, and Dick Durbin (D-IL) and Patrick Leahy (D-VT).
9. Sri Lanka and the Death Penalty for Drugs
Under the baleful influence of Philippines President Rodrigo Duterte, now former Sri Lankan President Maithripala Sirisena early in the year announced plans to end a 43-year moratorium on the death penalty so drug offenders could be executed, kicking off his campaign with an advertisement announcing job vacancies for executioners. In April, Sirisena announced the first executions would be coming soon as he presided over the burning of seized cocaine.
"To curb the illegal drug menace, it is necessary to implement the death penalty," he said. "The death penalty will be implemented in the coming days. The list has been prepared and we have decided on the date too."
But with the country in shock after the Easter Islamic terror attacks that left more than 200 people dead, Sirisena had other issues on his mind — although in July, Sirisena falsely blamed drug gangs for the attacks, saying they were designed to discredit his anti-drug drive.
Sirisena's blood lust has so far been thwarted by the courts. In June, the Supreme Court delayed the execution of four people set to be hanged in October for drug offenses.
In October, as Sirisena's term was running out, his plans to make the executions his last act of state was again thwarted, with the Supreme Court again staying the executions until March 20, 2020. Now it will be up to newly elected President Gotabaya Rajapaska to decide whether to continue Sirsena's aberration.
10. The Extent of the US's Drug War Fiasco in Afghanistan Becomes Achingly Apparent
In late October, the Special Inspector General for Afghanistan Reconstruction (SIGAR) issued its latest report on the seemingly endless US occupation of Afghanistan, and its analysis of American anti-opium efforts was particularly devastating. SIGAR found that although we've spent nearly $9 billion trying to suppress the opium poppy, Afghanistan remained far and away the world's largest opium producer throughout the US occupation.
The country produced a record high nine tons of opium in 2017, and although drought reduced last year's crop, SIGAR noted that "it remained at the second-highest level since the United Nations Office on Drugs and Crime (UNODC) began monitoring it in 1994."
When it comes to suppressing illicit drug crops, there are three main approaches: eradication, interdiction and alternative development. According to the new SIGAR report, all three have proven ineffectual in Afghanistan. Interdiction activities — drug busts — have "minimal impact on the country's opium cultivation and production," SIGAR found, while eradication efforts "have had minimal impact on curbing opium-poppy cultivation." Alternative development was funded at low levels, and SIGAR found it "ineffectual at curbing opium cultivation."
Whew, that's pretty bad, but it gets worse. This month, the Washington Post published The Afghanistan Papers: A Secret History of the War, an extensive piece of investigative reporting that showed US officials consistently lied about making progress in the war even though they knew they weren't. The papers contain a section on opium, "Overwhelmed by Opium," that makes a thoroughly depressing read as it documents the myriad ways US anti-drug policy imploded. "Of all the failures in Afghanistan, the war on drugs has been perhaps the most feckless," the Post noted. That's saying something.
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