In a resurgence of a longstanding debate spanning three decades, the Colombian government, under leftist President Gustavo Petro, has ignited a contentious discussion on drug policy with the recent issuance of Decree 2114 on December 7. The decree seeks to eliminate penalties for the possession and personal consumption of narcotics, specifically minimum doses. This development follows the repeal of a previous decree, 1844 of 2018, during the administration of former conservative President Iván Duque, which had permitted authorities to pursue individuals for both consumption and possession of minimal drug quantities.
The controversy surrounding this decision intensified over the weekend, with political leaders, including former President Álvaro Uribe and Iván Duque, expressing concerns about potential implications, such as increased micro-trafficking and negative influences on minors. Uribe emphasized the need to prevent the “legalization of micro-trafficking,” expressing worry about the societal impact, particularly on youth and families.
Duque, in response to the new legislation, emphasized the importance of maintaining strict measures against drug-related offenses. “The repealed decree sought to seize drugs on the streets, not criminalize consumers. It was a measure against drug dealers to ensure safe environments. With the new decrees, December came for the criminals. Another measure in favor of crime and the detriment of Colombian children, girls, youth, and families,” stated Duque on “X”.
Petro swiftly countered these claims, asserting that rules penalizing the trade of illicit drugs and drug trafficking remain intact. He emphasized that by removing fines and associated crackdowns, the confrontations at police stations, and in many cases, abusive practices towards individuals, especially women, would cease. Petro contends that this marks a shift away from senseless persecution, particularly towards young people, emphasizing that the majority are not consumers.
The litany of condemnation over Petro’s move highlights the deep ideological rift within Colombian politics over personal possession and potential for trafficking of illegal narcotics. Minister of Justice Néstor Osuna clarified that Decree 2114 specifically revokes a fine sanction imposed by the previous government for the personal possession of narcotics. He emphasized that the prohibition of drug trade, trafficking, and micro-trafficking remains strictly enforced under Colombian law.
Defense Minister Iván Velásquez supported the decree, explaining that its purpose is to align regulations with the jurisprudence of the Supreme Court and the Constitutional Court. This move seeks to address discrepancies introduced by the repealed Decree 1844 of 2018. Over the past four administrations, each president has offered their interpretation of drug consumption regulations, often reflecting an ideological stance. While Uribe and Duque aimed to penalize consumers, Juan Manuel Santos and Gustavo Petro argue for treating consumers differently from criminals.
In a landmark ruling back in 1994 Colombia’s Constitutional Court, led by Judge Carlos Gaviria, decriminalized minimum doses, citing the argument of the “free development of personality.” Subsequent legislative changes in 2009 – and 2011 – attempted to reintroduce prohibitions on drug possession, but the Constitutional Court in 2012 reaffirmed the decriminalization of personal doses, emphasizing the necessity to uphold the rights of recreational drug users.
As the nation grapples with these shifts in drug policy, opinions remain divided over what constitutes “free development of personality” versus impact to families given that possession of small doses of highly dangerous and addictive drugs, among them heroin and fentanyl, is no longer a crime. Federico Gutiérrez, mayor-elect of Medellín, voiced concern over the potential repercussions of Petro’s decision, viewing it as a de facto legalization of micro-trafficking cartels. He warned of an impending surge in urban violence, crime, and the disintegration of families.
The clash from political leaders underscores the complexity of addressing drug-related issues in Colombia, and coincides with a surge in coca production and exports. With an estimated 200,000 hectares used to grow the illegal cash crop this year, or equivalent to more than 1,000 tonnes in on the markets, Petro has resuscitated a 30-year-old debate and one that comes at a critical moment as organized crime groups, including the National Liberation Army (ELN) guerrilla and Gulf Clan, are threatening to abandon peace talks with the Petro government.
