Enforcement of Drug Laws Refocusing on Organized Crime Elites

By Global Commission on Drug Policy 

Illegal drug markets provide an immense source of power and revenue for organized criminal groups. That has remained the case despite the vast investment of political, financial, social, and military capital into the global “war on drugs,” which has also generated a vast and tragic human cost. Far from curtailing drug markets, which are in fact expanding in scale and complexity worldwide, repressive criminal justice and military responses to drug trafficking have exacerbated the already profound impacts of drug-related organized crime, from prolific violence in certain states to increased corruption, and undermined political and economic stability. Deep-seated schisms continue in international debates on drug policy. Despite renewed commitment to the prohibitionist approach at the March 2019 Ministerial Declaration of the United Nations (UN) Commission on Narcotic Drugs (CND), there is increasing acknowledgement within the UN system of the harms of the current drug control regime, and the need to pursue options such as decriminalization of use and possession for personal use. Countries are increasingly adopting decriminalization models, and the legalization and regulation of cannabis for recreational use is becoming a reality in a number of jurisdictions. Yet at the same time, other countries have moved in the opposite direction, redoubling efforts to eradicate drug use through punitive approaches which harm health and human rights. Given this highly polarized context, the need for reform-minded states to advocate for evidence-based responses to organized crime and drug trafficking is greater than ever. This report supports this effort by building on the five key pathways towards improving drug policy as outlined in the Global Commission’s 2014 report. Alongside strategies to ensure the health and safety of those using drugs, this coherent five-fold program advocates for refocused enforcement responses to drug trafficking and organized crime as an essential part of drug policy reform. This report provides an overview of how the global “war on drugs” has, counter to its ostensible aims, fed and empowered transnational organized crime. More effective responses to transnational organized crime and drug trafficking – through both targeted and measured law enforcement approaches and development strategies which counter the root causes of organized crime – are possible and may be enacted even while markets remain illegal. The legal regulation of drugs offers an unprecedented opportunity to move drugs markets out of criminal control, as the Global Commission stated last year, but also presents new challenges for countering organized crime. This report explores lessons learned both in a context of prohibition and of a legally regulated market. Implementation of more progressive drug policies has often been held back by the international control regime; through a lack of coherence among UN entities, between regional bodies, and the deep-seated conservatism in the international regime. As such, this report considers the past record of the international drug control regime with respect to the fight against drug trafficking, and how more effective coordination could be achieved in the future, if political will is to be found. 

Geneva: The Global Commission, 2020. 52p.