Cannabis Regulation in Uruguay: An Innovative Law Facing Major Challenges

Abstract Uruguay, the first country to enact legislation to legalize and regulate every level of the market for cannabis, will be an important example globally for jurisdictions contemplating whether and how to liberalize drug policies. A combination of political leadership by former President José “Pepe” Mujica and public unease over rising criminality led Uruguay to pursue reforms to place the cannabis market under legal authority of the state, rather than in the hands of illegal groups. The new law, approved in December 2013, encompasses medical as well as adult use, or “recreational cannabis” for which it creates three distinct sources of legal access: home growing, social clubs, and commercial sales through pharmacies. While most Uruguayans remain skeptical of the new cannabis law, the “Broad Front” coalition responsible for passing the law in 2013 renewed its congressional majorities and retained the presidency in the country’s 2014 elections. The current government of President Tabaré Vazquez has stated its commitment to fully implementing the law, but is moving ahead cautiously, mindful of ongoing domestic and international criticisms. While the International Narcotics Control Board (INCB) has castigated Uruguay for violating its international drug treaty obligations, Uruguay has argued that the country’s human rights obligations under international law take priority over drug control treaty requirements. Given the unprecedented nature of Uruguay’s new cannabis regime, successful implementation will require rigorous monitoring and evaluation and the flexibility to make revisions as problems emerge. Rigorous evaluation of Uruguay’s pioneering reforms can also provide important insights and knowledge for other jurisdictions that may wish to consider comparable regulatory approaches.