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Ethan Nadelmann

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Legalization Debate Takes Off in Latin America

Posted: 03/10/2012 5:53 pm

Something incredible is happening right now in Latin America.

After decades of being brutalized by the U.S. government's failed prohibitionist drug policies, Latin American leaders, including not just distinguished former presidents but also current presidents, are saying "enough is enough." They're demanding that the range of policy options be expanded to include alternatives that help reduce the crime, violence and corruption in their own countries -- and insisting that decriminalization and legal regulation of currently illicit drug markets be considered.

Guatemala's new president, Otto Perez Molina, is providing important leadership. As a political conservative and former general, he has credibility that others lack. When he started speaking out publicly last month about the need to consider new drug policy options including legalization, many observers thought it was just a ploy to secure greater economic and military aid from the United States. But he's demonstrated a commitment and engagement over the past month that have persuaded fellow presidents that he's serious about this. Within Guatemala, his initiative has been praised by diverse voices including prominent business leaders, Archbishop Oscar Julio Vian and the head of the International Commission against Impunity in Guatemala (CICIG), Francisco Dall'Anese.

President Perez Molina sent his vice president, Roxana Baldetti, on a tour of neighboring countries two weeks ago to seek the support of other Central American presidents for opening up a new discussion on drug policy alternatives for the region. Most said they were willing to join the discussion. (It probably helped that U.S. Homeland Security Secretary Janet Napolitano was also touring the region that week, and alienating regional leaders with unsubstantiated claims that the drug war was working.) Now the presidents have agreed to come to Guatemala on March 24 for a wide-ranging debate on the subject.

Meanwhile, Colombia's President Juan Manuel Santos, who had been eager to open the debate but reportedly frustrated by the failure of other regional leaders to join him, appears to have been galvanized by the Guatemalan president's initiative. He met yesterday with former presidents Fernando Henrique Cardoso (Brazil), Ricardo Lagos (Chile) and Felipe González (Spain) to talk about the best way to raise this issue at the Summit of the Americas meeting in Cartagena in April.

Mexican President Calderon also seems increasingly willing to engage. Having waged a multi-year battle with criminal organizations whose principal source of revenue is the illicit drug traffic to the United States, no one has greater moral authority to call for alternatives to failed prohibitionist policies. And no one knows better that one cannot win a war against what is essentially a dynamic global commodities market, especially when one's country abuts the largest consumer market in the world. He put his toes in the water last year when he started saying that the United States should consider "market alternatives" if it were unable to reduce its demand for illegal drugs. And he followed up by joining with regional leaders in late 2011 in the "Tuxtla Declaration," which stated that if the demand for illegal drugs could not be reduced, "authorities in the consuming countries ought then to explore possible alternatives to eliminate the exorbitant profits of the criminals, including regulatory or market oriented options to this end. Thus, the transit of substances that continue provoking high levels of crime and violence in Latin American and Caribbean nations will be avoided."

Calls for drug policy reform are proliferating rapidly in Mexico. Calderon's predecessor, Vicente Fox, pulls no punches in saying that legalization is the best approach. Fox's predecessor, Ernesto Zedillo, joined with former Brazilian president Cardoso and former Colombian president Cesar Gaviria in organizing first a Latin American and then a Global Commission on Drug Policy, both of which called for major reform of drug policies, including legal regulation of marijuana, and also for "breaking the taboo" on considering all drug policy options, including legal regulation.

Now business leaders in Monterrey and Mexico City, wary of the growing power of criminal organizations, are joining the debate with sophistication, resources and support for legalization in one form or another. And, from the left, Javier Sicilia, the influential poet turned social justice movement leader, is saying much the same.

It's thus no surprise that Mexican foreign secretary Patricia Espinosa announced at a meeting of the Euro-Latin American Parliamentary Assembly in late February that her government now supported a debate on legalization.

Honduran President Porfirio Lobos announced on Friday that Presidents Calderon and Santos had both been invited to the meeting in Guatemala on March 24, and were considering attending.

All this presents a dilemma for the U.S. government. When Vice President Biden visited the region last week, he made clear that the Obama administration firmly opposes legalization -- but also acknowledged, as President Obama had in early 2011, that the topic was a legitimate subject for discussion. That modest concession was important, not least in sending a clear message to other federal officials, including the drug czar, senior diplomats and Pentagon officials, that outright rejection of any discussion was no longer required. It manifested yesterday when the State Department's (Acting) Assistant Secretary for Public Affairs, Mike Hammer, stated that "We are, of course, willing to discuss the issue to express our opinion as far as why we do not see it as the best way in which to address the problem." "It is, he continued, "a serious subject and we are not in any way opposed to discussing it. Our position, though, is very clear." Latin American media quickly picked up on the slight change of tone from Washington.

This all represents a dramatic turn of events in the regional, and potentially, global debate about drug policy. In Latin America, current presidents are now taking the baton from ex-presidents in calling for a new drug policy debate with all options on the table. Respected intellectuals like Carlos Fuentes and Enrique Krauze in Mexico, Sergio Ramirez in Nicaragua and Mario Vargas Llosa in Peru are speaking out. So are distinguished former cabinet ministers as well as leaders in business, media and the arts.

The immediate political challenge will be to sustain this momentum in the face of vigorous behind-the-scenes efforts by the U.S. government to suppress the debate, notwithstanding public statements that they're open to it. The more substantive challenge will be to flesh out proposals for alternative strategies. Presidents Santos, Otto Perez Molina and others know full well that no nation can unilaterally legalize drugs, that any significant changes in direction must be pursued multilaterally, and that major reform of the failed global drug prohibition regime of the 20th century will take years and likely decades. Governments as well as non-governmental organizations in the region are just beginning to look seriously at alternative drug policy options, enlisting scholars and other policy experts.

Fortunately the drug war consensus within the United States is also dissolving. George Shultz, the former Secretary of State (and Treasury) and Paul Volcker are among the members of the Global Commission on Drug Policy, whose bold recommendations last June stirred debate worldwide. Former President Jimmy Carter has endorsed the Global Commission's recommendations and former President Bill Clinton has repeatedly expressed regrets for the drug war excesses he condoned when he was in the White House. African-American leaders who previously supported the drug war are coming to the conclusion that it did nothing to lessen drug addiction on their communities but much to incarcerate an extraordinary number of young men and women.

Public support for legalizing marijuana is rising rapidly -- from 36 percent in favor in 2006 to 50 percent in 2011, according to Gallup's polling. And this past week, the conservative Evangelical Christian leader, Pat Robertson, surprised lots of people by saying marijuana should be legally regulated like alcohol, and by endorsing ballot initiatives in Colorado and Washington State that would do just that if they prevail this November.

The biggest obstacle right now is the head-in-the-sand resistance within the Obama administration and Congress to any real discussion of alternative drug policy options. Censorship and self-censorship in this area within the federal government is endemic, driven by fears that any internal policy memos, or even oral discussions, that conclude with politically inconvenient recommendations, are not just unwelcome but dangerous to one's standing and career. One result is that U.S. government officials will be increasingly handicapped in the international drug policy discussions at Cartagena and elsewhere, armed only with defenses of failed U.S. policies but bereft of any in-depth analysis of the options that other governments are putting on the table.

The worst prohibition, it must be said, is a prohibition on thinking -- and that, sadly, is what the U.S. government is guilty of today.

This post has been modified since its original publication.

 
 
 

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Something incredible is happening right now in Latin America. After decades of being brutalized by the U.S. government's failed prohibitionist drug policies, Latin American leaders, including not ju...
Something incredible is happening right now in Latin America. After decades of being brutalized by the U.S. government's failed prohibitionist drug policies, Latin American leaders, including not ju...
 
 
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10:27 AM on 05/04/2012
First off, you spelled the President of Honduras's name wrong... Second of all what exactly is this credibility you think Pérez Molina has? As a general during a period later labeled "genocide" his credibility as someone who actually wants to reduce violence is, oh, about zero. For a more reasoned take see: http://upsidedownworld.org/main/guatemala-archives-33/3606-guatemala-decriminalization-dont-believe-the-hype
12:06 AM on 03/16/2012
Legalize DRUGS !!! America isn't gonna make money the way they are now.. but trust me if there's a "WILL THERES A WAY" , they will put coke/weed/heroin stores on every corner in the BLACK urban area's just LIKE liqour stores! Trust ME!
11:21 PM on 03/14/2012
I think that globally the "legalisation front have gained in power of credibility" as the very old receipes are too big too be taken seriously.
Officially no one dare to say it, but the Global Commission on Drug Policy report has made its effect, and the current dynamic in South and Central America give more power to the trend for reform at country or regional levels.
After 100 years of US worldwide leadership, now the new imperialistic antidrug kingpin is Russia (remember that in 1961 at the shape of nuclear crisis US and USSR were totally friends with French and other to implement the current non-scientific narcotic drugs schedule).

At the Pakistan table, I described the Poppy for medecine plan, argued about iboga treatment, and the use of cannabis to facilitate heroin withdrawal.

Read more on Peter Sarosi's article "A shared illusion of the drug free world".

From Vienna,
FARId Ghehioueche, ENCOD SC member

http://cba.fro.at/9043
01:26 PM on 03/14/2012
US banks laundering drug money, speaks louder than words.

Good for Latin America!
04:18 PM on 03/12/2012
Ron Paul, anyone? He has been saying this for years. I wonder if there is anything else he is ahead of the curve on.
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08:31 PM on 03/12/2012
I prefer Gary Johnson. No political candidate has worked harder for marijuana reform than he has. He also fixed New Mexico's troubled finances. He says:

>>>"The parallels between drug policy today and Prohibition in the 1920’s are obvious, as are the lessons our nation learned. Prohibition was repealed because it made matters worse. Today, no one is trying to sell our kids bathtub gin in the schoolyard and micro-breweries aren’t protecting their turf with machine guns. It’s time to apply that thinking to marijuana. By making it a legal, regulated product, availability can be restricted, under-age use curtailed, enforcement/court/incarceration costs reduced, and the profit removed from a massive underground and criminal economy.

By managing marijuana like alcohol and tobacco – regulating, taxing and enforcing its lawful use – America will be better off. The billions saved on marijuana interdiction, along with the billions captured as legal revenue, can be redirected against the individuals committing real crimes against society."
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Ed Baker
All Hail Big Mother
10:58 AM on 03/12/2012
Why continue failed policy? The human and monetary costs of this ridiculous policy are simply too high.
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HUFFPOST SUPER USER
Robert Frank
My last name is FRANK so thats what I am..
10:26 AM on 03/12/2012
I hope they all legalize it and make the U.S. look like the fools that we are..prohibition NEVER worked in the 30's and it will NEVER work now..legalize everything except maybe PCP and a couple of other very dangerous drugs and regulate and tax it..and provide drug education for everyone.
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Liberals Are Intolerant
fiscal conservative, social libertarian
09:51 AM on 03/12/2012
I visited Cd. Juarez about a year ago, on business. The situation there is appalling. I went there being a believer in the drug war, and I left being a supporter of drug legalization.

The cartels have infested everything in Mexico. They are simply too powerful to beat. They have the police, the courts, every government agency, most business. Every person you talk to will tell you about how their lives have been affected by this. They all either know people that were victims of violence, or they themselves were victims of protection rackets, police corruption, etc. I even know people that were forced to participate in smuggling. Then you have the next tier of criminal element, which takes advantage of the power vacuum created by the cartels. These are the kidnappers, the guys that steal your car, the ones that extort businesses for money, etc. I met business owners that had to shut down in fear because they were unable/unwilling to pay protection money. If you do not pay they kill you to send a message to others.

All this is happening A MILE FROM THE UNITED STATES. Think about that. It's the situation we created with our demand for drugs, and a situation that cannot change as long as drugs are illegal.
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rikilii
Quod gratis asseritur, gratis negatur.
04:36 PM on 03/12/2012
While I  agree for different reasons that prohibition should be ended, I doubt it will help Mexico.  All those horrible things you mentioned other than actual drug trafficking will probably just increase as more thugs find themselves "out of work" if drugs are legalized.
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Jose3
05:02 PM on 03/17/2012
In the short term it will probably hurt Mexico to end Prohibition but after a few years the natural order of things will be restored and Mexico will be much better off.
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leonel
Lotus flower
09:49 AM on 03/12/2012
Since the majority opinion has changed, the main question now is how to actually implement the decriminalization of all drugs or substances. What will be the actual process that will be used to make the changes, how long will it take?

It has to be done through elections, leaders to support changes and so on. When new changes are obviously needed, too many persons still waste time arguing about the details instead of seeing that it takes public pressure on elected officials to bring about actual changes of policy.
batguano
As Long As Grass Grow, Wind Blow & The Sky Is Blue
09:05 AM on 03/12/2012
The travesty that otherwise innocent people are subject to over 50,000 often deadly paramilitary police raids, mostly marijuana related cannot be tolerated. Even more disturbing is this "change-we-can-believe-in" administration, as solidly rooted in WOD mechanisms & marijuana prohibition (& Industrial Hemp) as previous, using Federal laws & agencies to over-ride state legalized medicinal marijuana; that’s change? The WOD wastes hundreds of billions annually!

Napolitano visits South & Central America, along with Biden sez “everything will stay the same”; That’s NOT forward-thinking or just, it’s blind commitment to past WOD abuses, waste, lies & disinformation. Truth is this government cannot change the status quo & will not until forced by public action. Too many people & sectors profit; the police state & alphabet agencies living off bloated budgets & steady supply of "perps", big-pharma selling their dangerous junk afraid of medicinal marijuana, for-profit prisons would lose "clients", "Drug-Czar" bureaucracies, manufacturing sectors that don’t want IH legalized; many people & organizations benefit from abuse of Americans & WOD horrors in Latin America & the Obama administration just tries to control much-needed change? BS! The Obama administration has become the enemy in the WOD; refusing to work for change shows cowardice & cynical political scheming, not leadership!

DEMAND CHANGE NOW!

http://www.drugsense.org/cms/wodclock

http://www.alternet.org/drugs/64465/

http://www.cato-unbound.org/2011/11/09/norm-stamper/losing-hearts-and-minds-in-the-drug-war/

http://www.leap.cc/
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notdarkyet
End the Drug War.
08:49 AM on 03/12/2012
The drug war has been an absolute and utter failure except for its real intended purpose which was to shred the constitution and the rights of our citizens and to further the goals of creating a police state and control of the citizens. In that they have done a marvolous job. Putting a dent in drug use in this country? Not one iota.

"After 40 years, the U.S. war on drugs has cost $1 trillion and hundreds of thousands of lives - and for what? Drug use is rampant and violence is even more brutal and widespread.

Even U.S. drug czar Gil Kerlikowske concedes the strategy hasn't worked.
"In the grand scheme, it has not been successful," Kerlikowske said. "Forty years later, the concern about drugs and drug problems is, if anything, magnified, intensified."
http://www.azcentral.com/...
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08:35 AM on 03/12/2012
The war on drugs has always been a form of thought control. Now we see governments joining individuals in reclaiming common sense and rejecting this horribly failed policy. Meanwhile, our legislators and police remain in lockstep with the cartels in opposing any attempt to regulate these drugs in a legal environment.

But the most irrational aspect is the continued refusal to recognize that the most popular currently illegal substance by far, cannabis, is actually non-toxic and a much safer alternative to alcohol and tobacco products. The world will change for the better when the full potential of this amazing plant, in all it's forms, is no longer a victim of official denial.
08:00 AM on 03/12/2012
A scheme to fight the cartels is for "some entity" to release on an unscheduled basis quantities of super-cheap drugs. This would make it impossible for the cartels to plan; sort of like releasing oil from the SPR to regulate price.
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07:53 AM on 03/12/2012
Our "courageous Leaders",(insert derisive snicker here) are the equivilant of a 5 year old putting his fingers in his ears & going na, na, na, na, na, na. When any one suggests an end to a multi billion dollar boondoggle "war on drugs".
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countryrds
Just relax
07:37 AM on 03/12/2012
Excellent article, but more than anything it illustrates how utterly devoid of any reasonable arguments our government has for this wasteful and damaging policy. If that is accepted, then the only conclusion is that our government is cantering to the wishes of a few despite the horrible and unthinkable damage that is being done. Hundreds of thousands, perhaps millions have lost their lives, families destroyed, property and finances totally trashed for a big lie. This is pure and simple corruption. A corrupt government has no moral authority, loses all respect and has to be opposed by any means possible.
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Sister Lauren
Running for congress on the Green ticket.
08:13 AM on 03/12/2012
I think if you press the few who are pushing it, you will find they have a religious motivation.
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Robert Frank
My last name is FRANK so thats what I am..
10:27 AM on 03/12/2012
there also a lot of money to be made by keeping them illegal by police, courts, politicians etc.