A Need for Cohesive Counter-Narcotics Policy

In 2009, the United Nations made a political declaration and plan of action on international cooperation towards an integrated and balanced strategy to counter the world drug problem.[115] Resolutions pertaining to the trafficking of illicit substances, money laundering, and abuse rates, all had one thing in common: they were labeled by the United Nations as global threats that needed to be dealt with under the principle of “shared responsibility” which required cooperation and participation by all nations involved.[116] Progress towards significantly reducing or eliminating the world drug problem was not, and is still not at the point of being labeled successful. Although no longer are the days of the free drug trade, which resulted in the Chinese opium epidemic, the control and prohibition of that trade has created an illicit market.[117] And today’s illicit opiate market spreads far more destruction than ever imaginable during the Chinese opium epidemic.

Every policy implemented in the last 12 years is still focused on either Afghanistan, or a small region of the illicit opiate market, giving the market the ability to exploit other regions not affected by these policies.  Too much emphasis on Afghanistan alone, or Afghanistan, Pakistan, and Iran, only is a mistake.  The emphasis on the Golden Triangle created a loss in production there, but it allowed Afghanistan to take its place in the illicit opiate market.  And now, “[b]y itself, Afghanistan provides 85% of the estimated global heroin and morphine supply, a near monopoly.”[118]

This shift of producing areas from the Golden Triangle to Afghanistan has led to an increase of opiate use in the transit countries surrounding it.[119] As of now, the illicit opiate market is still a profitable one generating an estimated “turnover of up to US$65 billion, of which some US$55 billion [is] for heroin alone”[120] with an estimated demand of 15 million people, most consuming heroin,[121] and a supply that is capable of feeding that demand for another two years even if production ceased completely.[122] The likelihood of meeting this deadline is at this point small, if not impossible.  Markets such as the Chinese and Myanmar market, overthrown by international counternarcotic policies and Afghanistan, are presently on the rise in supply and demand of illicit opiates[123] which shows that the counternarcotic policies are unable to have long-term effects because of their lack of flexibility to adapt to the ever changing market.  New markets such as the Russian Federation market, Central Asian market, the Caucasus market, and the African market, are also on the rise in supply and demand because policies have not traditionally focused on those areas.

Policy recommendations needed to alleviate the current death grip of the illicit opiate market, particularly the heroin portion of the market, must involve making the business of illicit opiates riskier, no longer as profitable, and unable to compete as effectively with licit businesses so that participation in the licit market becomes the best option, diminishing the power of the illicit opiate market, and loosening its death grip on society.  In today’s age we need counter narcotics policies that give the necessary deterrence, incentives, competing licit industries, finances put to the actual infrastructure of the countries involved, and assistance in helping these under-developed agriculturally driven countries to exploit their licit resources, all so that the want/need to conduct themselves illicitly is no longer there.  The goal is to attack the market as a whole, suppliers, traffickers, and consumers, by those who are currently affected, and those who can potentially be affected, while also making the licit market less of a risk, more financially lucrative, and easier to exploit for those involved.

The Global Illicit Opiate Market is one that can be tackled.   Maybe not eliminated, but its control over millions of persons around the world can be diminished.  Tony White stated accurately that the “illegal drugs industry must be deflated slowly by forcing down the value of drugs as a commodity.”[124] Again, the goal is to diminish the profitability of the heroin market, and raise the profitability of licit markets within participating regions.  The risk with participating in the illicit market must be higher than that of participating in the illicit market.   Policies must also be as flexible as the market itself.  Focusing on one region based on its current participation is a mistake since the market has proven throughout time its adaptability to such policies.

By creating a cohesive policy that attacks the market on all levels, the market has less of an opportunity to adapt to those policies by doing things such as raising the price to deal with a loss in production but not demand.  By creating a policy that is cohesively implemented by member states, the market has less of an opportunity to adapt to those policies by doing things such as shifting production sites when one area is under less control than another.  And understanding the market so that the ability to foresee where it will go next when current areas reduce demand and/or production is key to any policy’s long term success.  If the focus of any policy is only on today’s market, and not tomorrow’s market, the ability to prevent the reoccurrence of this persistent problem is almost non-existent.

Notes

[1] Tom Kramer, From Golden Triangle to Rubber Belt?  The Future of Opium Bans in the Kokang and Wa Regions, Transnational Institute, July 2009, httP://idpc.net/sites/default/files/library/TNI_briefing%2029_golden%20triangle%20to%20rubber%20belt.pdf

(“The Kokang and Wa regions in northern Burma opium bans have ended more than a century of poppy cultivation.  Yet these bands had dramatic and negative consequences for the local communities.  The dramatic reduction of the ex-poppy farmer’s income, which was estimated in northern Burma to be about 45 per cent, drove those poppy-growing communities into chronic poverty affecting their food security and ability to purchase medicines.”)

[2] There is also the diversion of licit opiates into the illicit market.  However, to narrow the focus of this paper, all facts contained herein are only relevant to the traditional illicit opiate market encompassing the opium and heroin markets.  I will not be discussing any pharmaceutical opiates, or any licit commodities such as poppy straw in this section.  Licit cultivation of poppy, licit production of poppy straw or licit production of opium, all for pharmaceutical use is not relevant to this paper.  However, the diversion of precursor chemicals needed for the manufacture of licit opiate pharmaceuticals will be discussed in this paper because those same chemicals are used in the manufacture of heroin.

[3] U.N. Office on Drugs and Crime [UNODC], 2010 World Drug Report, 19 (United Nations Publications 2010)

[4] 1961 Single Convention on Narcotic Drugs as Amended by its 1972 Protocol, art. 1(p), Mar. 25, 1972 (“Opium” means the coagulated juice of the opium poppy.”); See Also, The Senlis Council, FEASIBILITY STUDY ON OPIUM LICENSING IN AFGHANISTAN FOR THE PRODUCTION OF MORPHINE AND OTHER ESSENTIAL MEDICINES 14 (2005) (“Opium: the coagulated juice of the opium poppy. (Article 1, 1961 Convention). Opium is the air-dried latex obtained by scoring the unripe seed heads of opium poppy. It contains morphine, codeine and thebaine, and a variable mixture of other alkaloids including noscapine and papaverine.”)

[5] The Senlis Council, FEASIBILITY STUDY ON OPIUM LICENSING IN AFGHANISTAN FOR THE PRODUCTION OF MORPHINE AND OTHER ESSENTIAL MEDICINES 13 (2005) (“Alkaloid: An organic compound derived from plants. Opium alkaloids used in medicine include morphine, codeine, thebaine, papaverine and noscapine.”)

[6] U.N. Int’l Narcotics Control Board [INCB], 2009 Annual Report, 30 (United Nations Publications 2010) (“Acetic anhydride: the key precursor chemical used in the illicit manufacture of heroin”)

[7] The Senlis Council, FEASIBILITY STUDY ON OPIUM LICENSING IN AFGHANISTAN FOR THE PRODUCTION OF MORPHINE AND OTHER ESSENTIAL MEDICINES 14 (2005) (“Morphine: the principal alkaloid derivative of opium.”); See Also, Id. at 63 (“It was first isolated by that was first isolated in pure form from dried poppy resin by German pharmacist, Friedrich W. Serturner in 1805.”)

[8] Id. at 64 (“In 1870 chemists would synthesize a substitute for morphine by acetylating it, and in 1898 Bayer pharmaceutical company would make this drug, 3,6-diacetylmorphine, available under the trademarked brand name heroin”); See Also, U.N. Office on Drugs and Crime [UNODC], 2008 World Drug Report, 188 (United Nations Publications 2008) (“… became available as a pharmaceutical preparation in 1898.  “Ironically, it was originally marketed as a non-addictive alternative to morphine, which was already proving problematic in many areas.”)

[9] For purposes of narrowing the breadth of this paper I did not include other commodities like poppy straw and illicit opiate pharmaceuticals. However, poppy straw has been interdicted among the Russian Federation and CARs borders for the use of manufacturing heroin.  Furthermore, illicit opiate pharmaceuticals, particularly in the U.S., have a high demand in the illicit market and is an issue worth exploring further.

[10] The Senlis Council, FEASIBILITY STUDY ON OPIUM LICENSING IN AFGHANISTAN FOR THE PRODUCTION OF MORPHINE AND OTHER ESSENTIAL MEDICINES 50 (2005) (“Papaver Somniferum L. is not the only poppy plant in existence, however, it is the most commonly used for illicit purposes due to its high morphine content. Also, there are many types of Papaver Somniferum L. that are cultivated, even in Afghanistan.”)