The cracks of a system in crisis and the coca leaf on the move

The fact that global drug prohibition has failed is, in certain circles, a consensus and also a source of sad resignation. We observe increasingly lucrative and diverse drug markets that are resistant to law enforcement and sanctions. The legal apparatus that sustains the war on drugs model—the three international drug treaties—as well as the political apparatus that continues to legitimize the prohibition of certain substances as a social norm, seem impervious to reform.

But amid this bleak picture, an interesting crack is appearing. It is little known that the coca leaf is classified at the same level of danger as cocaine, in a system of controls that operates with a list ranging from I to IV, depending on the degree of risk and possible medical or scientific uses of the substance. The decision to subject the coca leaf to the strict control of Schedule I of the Single Convention on Narcotic Drugs was based on questionable reports produced by ECOSOC (United Nations Economic and Social Council) in the 1950s with racist and colonial biases, which completely ignored the medicinal, nutritional, social, cultural, and religious benefits of the coca leaf.

This situation could change, and is currently under review. In 2023, Bolivia requested the World Health Organization (WHO) to conduct a critical review of the coca leaf, a procedure provided for in the Conventions that involves reviewing the available evidence on the potential risk of abuse of a substance. Colombia also joined the request to the WHO. 

This is a technical process in which a group of experts studies the available scientific evidence and then issues recommendations on where to place the coca leaf in the treaty system. This is where it becomes political, as the recommendations are forwarded to the United Nations Commission on Narcotic Drugs (CND), where 53 countries vote for or against the recommendations. This will determine whether the coca leaf remains on Schedule I, is moved to a less restrictive schedule, or is removed from the control system. If controls on coca are relaxed, this would allow for national and international trade in products derived from this plant.

On September 20, we saw the first draft of the report by the Expert Committee on Drug Dependence, which was discussed in a public hearing on October 20. It contains findings on the risk profile of the coca leaf and the available evidence on its uses and effects on human health, but does not yet reveal the type of recommendations it will issue.

This process is opening the door for drug policy to embrace two elements that it has ignored for decades: (i) evidence and (ii) human rights. Studying the coca leaf, its components, effects on human health, potential uses, and risks is a first step toward developing serious public policies on coca and other substances.

Furthermore, as a plant linked to the cultural practices of indigenous peoples, it should be protected by international law, which guarantees the cultural practices of these peoples, rather than being stigmatized and persecuted as it has been for decades. In this edition of our Global South Newsletter, we will discuss several of these issues. At Dejusticia, we analyze the evidence presented in the Committee of Experts’ report, pointing out the gaps and the scenarios it may indicate. From SENA Cauca, Dora Troyano and Isabel Pereira tell us what Colombia is doing to research the coca leaf, while Luis Felipe Cruz and Sergio Pérez detail the regulatory scenarios that are possible in the country today. All of these inputs have also been made available to the Committee of Experts to bring the voice of Colombian civil society to this process. We will also be accompanying the preparation of the Commission on Narcotic Drugs to disseminate the recommendations and promote an informed vote.

This opening up of the debate sheds light on the absurdity of the prohibition we have experienced and also promotes knowledge, understood in a broad sense, as a fundamental condition for our relationship with substances. Regardless of the final outcome of this process, it has already sparked an interest in learning more about the plant and debunking the myths that have been told about it for years.