54 International The EconomistAugust 31st 2019
2 grown and used illicit drug. In 2017 it was
produced in almost every country on Earth.
The un’s estimates of global drug-taking
put the number of users at 188m (out of a to-
tal of 271m taking illegal drugs).
Cannabis is not completely free of dan-
gers. An overdose is unlikely, perhaps im-
possible, but one in ten do become addict-
ed. And at high doses, with high-strength
strains or long-term use, there is a risk of
psychosis. In adolescents there is a risk of
impaired brain development. But, given
how much pot is smoked for fun, it is re-
markable how little harm it does. And more
and more countries—over 30 so far—have
legalised medical cannabis (see map). In
North and South America, medical use has
tended to be followed by acceptance of its
recreational use. Some European countries
have liberalised their laws for both sorts of
purpose. But Germany, France and Britain
have moved to medical pot first.
Allowing medical cannabis forces gov-
ernments to build regulatory structures to
control the legal supply to patients. Once
this happens, it seems easier for societies
to accept the idea of recreational use. When
grandma starts smoking pot for her arthri-
tis, the drug has entered the mainstream.
Other arguments are also persuasive in
the push for full legalisation, such as racial
disparities in prosecutions, the social and
judicial costs of criminalising so many us-
ers, and the profits and taxes a legal indus-
try might generate. But that patients are
suffering seems to carry more political
weight than arguments from liberalisers.
Perhaps nervous politicians from a genera-
tion that grew up taking drugs find wheel-
chairs offer convenient cover.
In America 33 states allow medical use,
and 11 have legalised the recreational kind.
Nationally, most of the population favours
federal legalisation. By 2024 medical can-
nabis will be legal in all states, and recre-
ational use will be found in almost half,
predict Arcview Market Research and bds
Analytics, firms that monitor the cannabis
business. Medical use is spreading weed-
like across Latin America, as opposition
wanes. Medical use is already found in Ar-
gentina, Colombia, Mexico, Chile, Peru, Ja-
maica and Uruguay.
Some governments and health insurers
will cover cannabis prescriptions. Almost
16,000 German patients receive medical
cannabis—mostly for chronic pain and
spasticity, and some, improbably, for at-
tention-deficit disorder. In 2017 the leading
insurer approved two-thirds of requests
and spent $2.7m on pot. This year the Euro-
pean Parliament passed a (non-binding)
vote to improve access to medical pot. Even
the World Health Organisation wants can-
nabis treated in a less restrictive way that
would acknowledge its medical utility and
make it easier to conduct research. Most
striking of all is the arrival of medical can-
nabis in countries that seemed highly un-
likely to relax drug laws, including South
Korea, Thailand and Zimbabwe.
In the countries that accept medical
use, ease of access varies. International
drug treaties technically permit medical
cannabis. But the body that monitors inter-
national compliance with drug treaties, the
International Narcotics Control Board
(incb), maintains a tone of almost perpet-
ual annoyance in its reports, arguing medi-
cal-cannabis schemes are poorly regulated
and allow leakage of the drug to recreation-
al users.
Uruguay paved the way when it legal-
ised cannabis in 2013. But it is the reform in
Canada, a g7 member, that has done most
to heighten international tension over can-
nabis’s legal status. Last year it fully legal-
ised the drug. Part of its rationale was that a
regulated legal trade would curb the black
market and protect young people, who
were buying it there. Canada’s change has
caused fierce fights within the unin Vien-
na, according to Martin Jelsma of the Tran-
snational Institute, a think-tank. The
country now stands accused of undermin-
ing the drug-control system. Bill Blair, a
minister responsible for organised-crime
reduction, acknowledges that Canada is
non-compliant. “But”, he says, “it is a very
principled approach.”
Attitudes towards the drug are soften-
ing around the world. But many important
countries, most notably Russia and China,
remain implacably opposed to reform. The
lack of a global consensus prevents the re-
writing of the drug treaties. Divisions are
also found within the unitself. The Human
Rights Council and the Special Rapporteur
on extrajudicial killings are critical of the
human-rights violations that come with
harsh national policies to suppress drug
use, and the who wants a shift in the status
quo. The incb and the unOffice of Drug
Control oppose change.
It may be true that licensing medical
marijuana tends to lead to a broader liber-
alisation. But those resisting this are swim-
ming against the current. Mexico will
probably legalise this year; Luxembourg is
hot on its heels and likely to become the
first eu country to legalise recreational
cannabis; and New Zealand is planning a
referendum on the issue. It is only a matter
of time before international drug treaties
will come to be seen as fundamentally bro-
ken. Some worry that international law
more generally will be undermined by all
this rule-breaking. Mr Blair is reluctant to
be drawn on how Canada might help re-
solve the issue.
Joint approaches
It could withdraw from the convention. But
the Canadian government has already
ruled this out. When Bolivia wanted to le-
galise the chewing of coca leaves, it with-
drew from the convention and rejoined
with a “reservation”. A possibility that in-
trigues international-policy wonks is for
Canada and other law-breakers to form an
“inter se” (between themselves) agreement,
allowing them to modify existing drug-
treaty provisions. For this to be an option,
Canada will probably want to wait until the
club of outlaws is bigger.
In Britain medicinal cannabis is legal
but still very hard to get without an expen-
sive private prescription. (Alfie was lucky.)
The dilemma is that cannabis sits in an un-
usual medical no-man’s-land: neither li-
censed for most of the uses for which peo-
ple want it, nor tested to the standards that
patients usually expect from medicines.
Despite this, many countries are finding
ways to push forward. France, for example,
is moving ahead with a large-scale clinical
trial of the medical uses of cannabis.
The drug’s ambiguous legal status as a
medicine will persist for years. A long his-
tory of prejudice has thwarted research and
deprived millions of patients access to
therapies that might help them. The work
of creating regulated and approved medi-
cines should be well advanced, but is only
just beginning. Ironically, it may be that
only when cannabis is legal for recreation-
al use will a fuller picture emerge of the
benefits it offers and the risks it poses. 7
Countries/states where medical cannabis is legal
August 2019
Source: The Cannabis Legal
Report, Prohibition Partners