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SUBJECT: PRESIDENT URIBE'S VICTORY AGAINST PERSONAL DRUG POSSESSION 
 
REF: BOGOTA 749 
 
¶1.  (U) SUMMARY:  After five failed attempts, President Uribe 
succeeded in passing a bill through the Colombian Congress, 
amending the Constitution and repealing a 1994 Constitutional Court 
judgment that permitted possession of a minimum dose of drugs for 
personal consumption.  President Uribe has touted the amendment as 
a significant step forward in the Government of Colombia's (GOC) 
fight against the growing problems of "micro-trafficking" and drug 
consumption in Colombia.  A lack of funding will likely hamper 
implementation of the amendment, which anticipates medical 
treatment for drug addicts and criminal penalties for those 
carrying or trafficking drugs.  END SUMMARY. 
 
 
 
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PRESIDENT URIBE'S BREAKTHROUGH 
 
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¶2.  (U) On December 9, after seven years and numerous heated 
debates in Congress, the Colombian Senate approved President 
Uribe's project to prohibit the possession and consumption of a 
minimum (formerly called "personal") dose of drugs.  The initiative 
passed the eight required debates in Congress, with 60 votes for 
and 14 against, and was signed by Uribe on December 22.  While 
there have been minor protests against the law, the public 
generally approved of this initiative; 68 percent of national 
newspaper El Tiempo's readers surveyed approved penalization of the 
minimum dose stipulation that previously allowed for the possession 
and consumption of one gram of cocaine and 20 grams of cannabis. 
 
 
 
¶3.  (U) President Uribe has long argued that it was contradictory 
to wage a massive war on drugs while allowing domestic consumption. 
To ensure the bill's passage, Uribe's team significantly altered 
the original draft, including the elimination of a proposal to 
establish drug courts that would determine whether a person 
apprehended with drugs was a consumer/addict or a trafficker.  In 
response to former Prosecutor General Iguaran's criticisms that the 
bill would criminalize users of small amounts of drugs, President 
Uribe's team clarified that the bill was intended to penalize 
traffickers and provide help to consumers and addicts. 
 
 
 
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CHALLENGES OF IMPLEMENTATION 
 
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¶4.  (U) This reform modifies Article 49 of the Colombian 
Constitution, and reverses a 1994 Constitutional Court decision 
that allowed for the possession and consumption of a "personal 
dose" of drugs - a quantity that was initially determined by Law 30 
of 1986 National Statute of Narcotics.  Possession and consumption 
of narcotics that are medically prescribed are still permitted. 
Subsequent legislation or decrees are expected to provide 
regulations governing the provision of medical treatment for drug 
addicts and criminal penalties for traffickers. 
 
 
 
¶5.  (SBU) The amendment does not clarify what will happen to people 
caught in possession of illegal drugs, the process to distinguish 
between an addict and trafficker, and how new requirements for the 
 
Colombian justice system will be funded.  Almost 70 percent of 
surveyed El Tiempo readers said that the state should require drug 
addicts to receive treatment; however, the amendment specifically 
states that the GOC would need the patient's permission to provide 
treatment.  Article 49 also states that the government is 
responsible for public health and has the obligation to provide 
cost-free health services, which includes paying for the treatment 
of addicts.  Implementation of a broad program to treat drug 
addicts will likely overburden Colombia's underfunded health care 
system.  Colombia is not yet prepared to handle this additional 
responsibility, and the 110 GOC-approved country-wide treatment 
centers do not have the capacity to significantly ramp up treatment 
for addicts.  One of the most prominent treatment centers in 
Colombia, Medellin's Carisma, has only 50 beds and a waiting list 
of more than 200 people. 
 
 
 
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MICRO-TRAFFICKING IN COLOMBIA 
 
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¶6.  (U) Micro-trafficking -- trafficking in small quantities of 
drugs -- has become a new challenge for law enforcement and health 
care authorities in Colombia.  Micro-trafficking involves the sale 
of illegal drugs at or below the previous limits determined by 
Colombian law which had permitted possession of a minimum dose for 
personal consumption.  While the individual amounts for sale appear 
negligent compared to the more than 120 metric tons of narcotics 
seized by the Colombian National Police (CNP) in 2009, the total 
revenues earned from micro-trafficking are significant.  In Bogota, 
approximately $1.5 million of drugs are sold each year via this 
method at more than 450 identified points of sale, and the 
Colombian Judicial Police (SIJIN) estimates that every 20 seconds 
in Bogota, 3-5 grams of cocaine, cocaine base, crack, or marijuana 
is sold. 
 
 
 
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THE SCOURGE OF MICRO-TRAFFICKING 
 
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¶7.  (U) CNP Director General Oscar Naranjo Trujillo recently stated 
that illegal armed groups are moving into micro-trafficking to 
compensate for losses in cocaine production and trafficking at the 
hands of Colombian public forces.  He stated that illegal armed 
groups are promoting cocaine consumption in Colombia by creating 
micro sales points and supporting dealers.  Eliminating the legal 
possession of a minimum dose will assist the CNP's battle against 
micro-trafficking and help curb this highly adaptable form of drug 
trafficking. 
 
 
 
¶8.  (U) Micro-trafficking is difficult to control, because the link 
between the dealer and consumer is direct and access is easy - the 
micro sales points are spread throughout neighborhoods of all 
socioeconomic strata, and sales take place on the streets, in 
clubs, at universities, and are often arranged through the 
internet.  The drugs are easy to hide and sales are difficult to 
control.  The quantities carried are small and the permutation of 
drugs, especially synthetic drugs, is large, making the drugs 
difficult to identify.  Micro-trafficking is further aided by the 
fact that the hits are cheap - while the most expensive drugs such 
as heroin and ecstasy can cost up to $10/hit and cocaine $4/hit, 
 
marijuana cigarettes cost only 75 cents (the minimum wage in 
Colombia is approximately $250/month). 
 
 
 
¶9.  (U) Micro-trafficking and ease of purchasing narcotics for 
personal consumption are largely to blame for the reported number 
of drug users in Colombia.  A 2009 National Household Drug 
Consumption Survey found that 9.1 percent of Colombians have used 
drugs at least once in their lifetimes (see reftel), while the rate 
is 29.6 percent for university students - twice the rate of 
students in Bolivia, Ecuador and Peru - according to a recent study 
conducted by the OAS' Inter-American Drug Abuse Control Commission 
(CICAD). 
 
 
 
¶10.  (U) Micro-trafficking has also increased recruitment of minors 
into the drug trade and created violence in urban areas resulting 
from turf battles over narcotics distribution points.  The number 
of drug trafficking sales points, the multitude of dealers, and the 
cultural acceptance of the right to have a personal dose of drugs 
will complicate police efforts to control micro-trafficking.  In 
response to this violence and the promotion of drug use, the CNP 
has identified the fight against micro-trafficking as one of its 
top priorities. 
 
 
 
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COLOMBIA'S CHALLENGE 
 
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¶11.  (SBU) COMMENT:  While countries like Mexico recently allowed 
possession of personal dose of drugs, Colombia demonstrated its 
political will to attack micro-trafficking and provide a balance in 
counter-narcotics policy by amending the Constitution to prohibit a 
minimum dose of drugs for personal consumption.  While the change 
will help the GOC in its fight against this emerging form of 
narco-trafficking, successful implementation of the project will 
require adequate funding and improvements to Colombia's health 
system infrastructure.  Unlike the traditional fight against 
massive drug production and trafficking in remote locations, this 
direct channel between trafficking and consumption will have to be 
attacked in urban areas.  END COMMENT. 
BROWNFIELD