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25 Tex. Hisp. J. L. & Pol'y 33 (2018-2019)
Taking Criminal Law Seriously: Towards Decriminalizing the Weakest Links of Drug Trafficking in Colombia

handle is hein.journals/thlp25 and id is 43 raw text is: TAKING CRIMINAL LAw SERIOUSLY: TOWARDS DECRIMINALIZING THE WEAKEST LINKS OF DRUG TRAFFICKING IN COLOMBIA JOAQUiN VtLEZ-NAVARRO* ABSTRACT This paper argues that the Colombian government should stop criminalizing the weakest links of the drug trafficking chain. Criminally punishing the weakest links has had extremely high social and economic costs and does not accomplishes its intended goals. Under the current international panorama, in which other countries have adopted less re- pressive laws regarding drug trafficking, Colombia can be more creative in the design and implementation of drug-related policies. Therefore, changes in the criminal law that punish every actor of the drug trafficking chain are not only necessary, but also plausible. INTRODUCTION This article argues that Colombia should stop criminalizing the weakest links of the drug-trafficking business. Prosecuting and incarcerating people who commit those offenses bears enormous social and economic costs that are not being compensated by the advantages of criminalization. In addition, the purposes of penalizing the weakest links have not been accomplished after more than forty years of criminalization. A changed international landscape makes it more feasible now to pursue changed policies such as the decriminalization of the weakest links. Drug policies in Colombia have been influenced during the last forty years by the United States and UN Conventions on drugs. However, after the 2016 Special UN Session on the Drug Problem, and the changes in the legislation of other countries and some states in the US, the Colombian government has more flexibility in the design of drug policies and the legitimacy to be more creative in this regard. * SJD Candidate at Georgetown University. The author thanks professors Allegra McLeod, Alvaro Santos and Alexa Freeman for their valuable comments. 33

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