Legalization in Latin America

Several countries see recent legislative changes in the United States as a cue to pursue domestic reforms.

Many Latin American countries have long held more tolerant attitudes towards Cannabis and other currently illegal narcotics than those traditionally held by the United States. However, now that Washington state rand Colorado have taken the historic decision to legalize recreational Cannabis, campaigns are rapidly intensifying in several Central and South American nations.

Mexico
Arguably, Mexico has had to deal with the worst fallout from the War on Drugs in recent years, with over 60,000 killed since 2006, when former president Felipe Calderón launched his deeply unpopular crackdown on organized narco-crime. New president Enrique Peña Nieto, inaugurated in December of 2012, has pledged to continue fighting the War on Drugs and will not cease to target illegal Cannabis trafficking.

However, Peña Nieto has also indicated that the time for new dialog on drug policy reform has arrived. Prior to meeting with President Obama during a White House visit in November of 2012, Nieto told TIME magazine that potential legalization in the United States "opens space for a rethinking of our policy, for a debate about the course of the drug war."

Domestic discussion of Cannabis legalization and the failed drug war has reached intense levels, and various prominent politicians have spoken out in support of reform. Last November, left-wing politician Fernando Belaunzaran authored a proposal to tax and regulate the production and sale of Cannabis as is done with alcohol. Other politicians supporting legalization in Mexico include Mario Anguiano Moreno, Colima state's governor, César Duarte, Governor of Chihuahua, and Mayor of Mexico City Miguel Ángel Mancera.

Guatemala
Guatemalan President Otto Pérez Molina is a vocal supporter of drug policy reform, and believes that other illegal narcotics, such as cocaine and amphetamine, should be made legal and subject to regulation. Last September, Pérez Molina addressed the United Nations General Assembly, stating the need to radically rethink approaches to drug legislation both domestically and internationally.

In October of 2012, Colombia, Guatemala and Mexico made a joint declaration to the United Nations, stating intentions to reform drug policy on the basis that the War on Drugs has failed, illegal trafficking is on the increase and the capital and power held by illegal trafficking organizations is so great, they are now able to infiltrate and corrupt institutions in the United States and elsewhere.

Currently in Guatemala, Cannabis remains illegal but the possession and consumption of small quantities is generally overlooked by the authorities.

Colombia
In 2012, cocaine and Cannabis were decriminalized for personal possession and consumption in Colombia, in a bid to return the country to stability and peace after the atrocities and turmoil of the last few decades, during which countless lives were lost and the rural economy left in tatters. The notorious FARC rebels have also proposed legalizing coca cultivation in the countryside of Colombia, in order to ensure that poor rural farmers are able to cultivate coca without fear of arrest and loss of livelihood. They argue that management and regulation of such schemes will prevent power falling into the hands of criminal organizations.

Former president Álvaro Uribe was ardently opposed to legalization, and sought to criminalize personal consumption in ways that had, prior to his incumbency, been unheard of in Colombia. With new president Juan Manuel Santos in office, the country has executed a turnaround, no longer criminalizing personal possession - and also paving the way for true legalization in the future.

Currently in Colombia, possession of up to twenty grams of Cannabis and one gram of cocaine is now no longer punishable by prosecution, although physical or psychological treatment may be ordered by the courts if deemed necessary.

Uruguay
In terms of drug policy, Uruguay is perhaps the most progressive country in the whole of Latin America. In fact, its leadership is arguably more dedicated to reform than the people of Uruguay currently are, although results from the polls indicate that public opinion is shifting. Last year, president José Mujica proposed to legalize, tax and regulate Cannabis on a national level, but has now been forced to postpone voting on two occasions due to polling results.

Last December, polls indicated that sixty-four percent of Uruguayans were opposed to legalization. However, another poll taken last month showed a drop to just fifty-three percent opposed. As the positive ramifications of legalizing Cannabis become more apparent, and more individuals join the shift in attitudes towards Cannabis, drugs and drug policy, fewer and fewer people have reason - or indeed, desire - to oppose legalization.

The proposal to legalize Cannabis in Uruguay is currently still being considered, and must be put to the public vote before ratification. Personal possession and consumption is decriminalized in Uruguay, but a quantity limit for personal possession has not been specified.

The Future of Cannabis in Latin America
Although many countries are preparing for a paradigm shift in drug policy, there is an understandable degree of caution surrounding many of these efforts. No country wishes to be seen as irresponsibly advocating for drugs to be openly sold and consumed, thereby risking disapproval and possibly even international penalties, such as trade embargoes or restrictions. No country wishes to be condemned for allowing and supporting criminality by contravening international laws set out in the various treaties that deal with drug trafficking, such as the Single Convention on Narcotic Drugs.

Such hesitancy is understandable. When dealing with international organizations such as the United Nations, correctly disseminating the desired message without willful misinterpretations being made can be a tricky process. It is also far from clear what route the United States plans to take in dealing with the recent changes in Washington and Colorado. When this becomes clear, we can expect many countries to reveal their true opinions, and perhaps not limited to those mentioned in this article.