Cocaine In Bolivia: A Legal Perspective

Bolivia is the world's third-largest producer of cocaine, a drug manufactured from coca leaves, which are central to Andean culture. While cocaine is illegal in Bolivia, the limited private cultivation of coca is legal, and chewing the leaves and drinking coca tea are considered cultural practices, particularly in the mountainous regions. However, the country has faced challenges in recent years with the increasing presence of Brazilian drug traffickers and violent competition between criminal organizations. The government has also come under fire for its handling of coca growers and its new drug-free strategy, which has been criticised as a setback for the country's progress in drug control.

Bolivia is the world's third-largest producer of cocaine

Cocaine is not legal in Bolivia. While the limited private cultivation of coca leaves is legal, the processed drug is forbidden. Coca leaves are considered to be an important part of Andean culture and are chewed or brewed into coca tea, especially in mountainous regions.

In 2019, Bolivia's coca cultivation totalled 42,180 hectares, a 28% increase from the previous year. The country's largest coca cultivation area is the Yungas region, followed by the Chapare region. However, the Bolivian government has set a limit of 22,000 hectares for coca cultivation, which was exceeded by an estimated 20,180 hectares in 2019.

The country's role as a major cocaine producer has led to harsh penalties for those caught trafficking or in possession of the drug. The minimum sentence is eight years, and prison conditions are very basic. The Bolivian government has also been criticised for its handling of coca growers, with human rights violations and arbitrary detentions reported.

The country has a legal coca market

Bolivia is the world's third-largest producer of cocaine, a drug manufactured from coca leaves. However, the country has a complex relationship with the plant, and coca plays a significant role in Andean culture and the country's economy. As a result, Bolivia has a legal coca market, with a nuanced approach to its production and consumption.

Coca has a long history of cultivation in Bolivia, dating back to at least the Inca era. It is grown in the medium-altitude regions of the Bolivian Andes, particularly in the Yungas north and east of La Paz. In recent decades, cultivation has expanded to the Chapare region of Cochabamba. While coca leaves are the base ingredient for cocaine, their consumption through chewing or preparing tea is a cultural practice, especially in mountainous regions. Recognising this, Bolivia has legalised coca production in specific regions while striving to eradicate it elsewhere.

The legal framework governing coca in Bolivia is Law 1008, the Coca and Controlled Substances Regime Law. This law divides the country into three zones with separate regulations for coca growing:

• Zone of traditional production: This zone comprises historic coca-producing regions in the Yungas and specific provinces of La Paz and Cochabamba.
• Zone of excessive production in transition: These are recently colonised areas subject to alternative development and crop substitution programs, with scheduled eradication and compensation.
• Zone of illicit production: All other regions fall under this category, where coca cultivation is illegal and subject to mandatory eradication without compensation.

The Bolivian government has also implemented a community coca control program, working with coca leaf growers to reduce crops destined for illegal markets while respecting cultural uses of the plant. This approach has been recognised internationally and praised for its focus on community participation and human rights.

In 2013, Bolivia scored a significant victory in its campaign to legitimise the coca leaf when the country received an exception to the 1961 UN Single Convention on Narcotic Drugs, recognising the right to consume the leaf domestically. This exception reinforced Bolivia's argument that coca, in its natural state, is not a narcotic and should be distinguished from cocaine.

Despite the legal market and cultural significance, there are still strict laws against cocaine in Bolivia. There are harsh penalties for those caught trafficking or in possession of cocaine, with a minimum sentence of eight years in basic prison conditions.

Bolivia's government has acknowledged its shift from a transit hub to a cocaine production hub

Bolivia has long been a producer of coca leaves, which are consumed for medicinal and traditional reasons. However, in recent years, the country has become a major cocaine manufacturer and a strategic hub for cocaine trafficking. Bolivia is now the world's third-largest producer of cocaine, a drug manufactured from coca leaves.

The Bolivian government has recently acknowledged its shift from being a transit hub for cocaine to becoming a production hub for the drug. This marks a significant break from the past narrative that the country was only a grower of raw coca leaves and a transit point for cocaine originating in neighbouring countries like Peru and Colombia.

The government's recognition of this transformation shines a light on the challenges it faces in addressing drug trafficking. Bolivia has taken substantial actions to counter cocaine production, including the destruction of numerous laboratories, most of which are in the Chapare region, a prominent coca cultivation area. In 2023 alone, the Bolivian administration destroyed over 27 mega-laboratories for the crystallization of cocaine hydrochloride, according to the Minister of Government, Eduardo del Castillo.

The shift from a transit hub to a production hub has also brought political tensions and power struggles within the ruling MAS party. These tensions centre around upcoming presidential elections and the ambitions of rival party leaders, President Luis Arce and former president Evo Morales, to lead the party in 2025. Accusations of corruption and links to drug trafficking have been exchanged between the two factions, with each side pointing fingers at the other.

Bolivia has a history of community coca control programmes

Cocaine is illegal in Bolivia. However, limited private cultivation of coca leaves is legal, and chewing the leaves and drinking coca tea are considered cultural practices, especially in mountainous regions.

The previous government of Evo Morales implemented a programme that allowed coca growers to cultivate a plot of coca up to 2,500 square meters, with farmers self-policing to respect these limits. This policy, which emphasised community participation and respect for human rights, was funded and lauded by the European Union.

However, in 2020, there was a shift in policy with the new interim government led by Jeanine Añez. The new government's drug strategy, "Bolivia: Drug Free," took a hardline stance on drug use and supply control issues, dismissing the previous strategy as "permissive and impractical." This new approach has been criticised for its lack of transparency and failure to comply with EU funding requirements regarding gender and generational considerations. The lack of consultation and suspension of existing development projects have also eroded the trust that previously existed in coca-growing regions.

There are harsh penalties for those caught trafficking or in possession of cocaine in Bolivia

Cocaine is illegal in Bolivia. While the limited private cultivation of coca is legal, processed cocaine is forbidden. The country is the world's third-largest producer of cocaine, and in recent years has become a strategic hub for trafficking the drug.

The current law prohibits drug use and punishes possession for personal use with internment and forced treatment. The minimum quantity for immediate personal consumption is determined by two experts from a public institution for drug dependence. If the quantity held is greater than the minimum, it falls under the provisions of Article 48 of the Law on Coca and Controlled Substances, which states that:

> Any person who engages in [the] traffic [of controlled substances] shall be punished with imprisonment for a term of ten to twenty-five years plus a fine at ten thousand to twenty thousand times the daily rate.

In addition to the risk of a lengthy prison sentence, those caught with cocaine in Bolivia also face the risk of harsh prison conditions. It is important for anyone travelling to Bolivia to be aware of the strict laws regarding cocaine and other drugs, and to avoid any contact with illegal substances.

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