The United States broke boundaries in 2012 when two states, Washington and Colorado, became the first U.S. states to legalize recreational marijuana use.[1] The trend continued in 2014, when voters in Oregon, Alaska, and Washington, D.C. voted to approve recreational marijuana legalization.[2] But in doing so, the U.S. did not just indicate a major shift in its own long-standing national policy — it violated international law.[3]
The 1961 Single Convention on Narcotic Drugs ("the Treaty"),[4] which the U.S. signed and ratified,[5] seeks to "limit the possession, use, trade in, distribution, import, export, manufacture and production of drugs exclusively to medical and scientific purposes," as well as combat drug trafficking through international cooperation.[6] According to Wells Bennett, a national security law fellow at the Brookings Institute and an expert on marijuana policy, the Treaty prohibits member countries from creating regulated markets for the cultivation, sale, purchase, distribution and possession of marijuana.[7] By legalizing recreational marijuana use (in at least some states), the U.S. is violating the Treaty.
A rather interesting twist on this subject, however, comes with the fact that technically, possession and distribution of marijuana is illegal within the United States.[8] The U.S. Drug Enforcement Administration ("DEA") classifies marijuana as a Schedule I substance, along with ecstasy, heroin, and other recreational drugs.[9] Schedule I drugs, according to the DEA, are considered the most dangerous class of drugs with a high potential for abuse and a possibly severe psychological and/or physical dependence.[10] Even after Washington and Colorado voted to permit the recreational use of marijuana, the U.S. has not amended its federal prohibition, and as noted by the DEA in a press statement in 2012, "the Drug Enforcement Administration's enforcement of the Controlled Substances Act remains unchanged."[11] However, the U.S. can be said to have essentially acquiesced to the ability of individual states to legalize the substance, failing to pursue these state law changes through any legal action and having Deputy Attorney General James M. Cole, of the Department of Justice, issue a memo to federal prosecutors nationwide, making it clear that each state would be allowed to establish its own marijuana policy.[12]
Although recreational marijuana usage is technically illegal in the U.S., the United Nations ("U.N.") has taken notice of the U.S.'s contradictory distinction between its de jure and de facto standards.[13] Yury Fedotov, director of the United Nations Office on Drugs and Crime, told reporters after the ballot measures were approved in Oregon, Alaska, and Washington, D.C., that these new laws defy international law.[14] "I don't see how [the laws] can be compatible with existing conventions," he said.[15] Given the plain language of the 1961 Single Convention on Narcotic Drugs, it is difficult to argue with him. "Things have changed since 1961," Assistant Secretary of State for the Bureau of International Narcotics and Law Enforcement Affairs William Brownfield said, calling for a more "flexible interpretation" of U.N. drug policies.[16]
Fedotov promised to bring the issue up with the U.S. State Department and other U.N. agencies.[17] At this point, however, it is rather apparent that the U.S. breached the Treaty and broke international law by permitting states to legalize recreational marijuana. It will be interesting, in the coming weeks and months, to see whether an accusation that the U.S. violated international law will be enough to cause the U.S. to clarify its current confusing and inconsistent stance.
News Moderator: Shandar @ 420 MAGAZINE ®
Source: UNC School of Law: Blogs
Author: Michael B. Cohen
Contact: 919.962.5106
Website: State Marijuana Legalization Violates International Law
[1] Aaron Smith, Marijuana legalization passes in Colorado, Washington, CNN Money (Nov. 8, 2012, 11:46 AM), Colorado, Washington legalize recreational marijuana use - Nov. 7, 2012.
[2] Dan Merica, Oregon, Alaska and Washington, D.C. legalize marijuana, CNN (Nov. 5, 2014, 2:39 PM), Oregon, Washington, D.C. legalize marijuana - CNN.com.
[3] Fredrik Dahl, U.S. states' pot legalization not in line with international law: U.N. agency, Reuters (Nov. 12, 2014, 10:21 AM), U.S. states' pot legalization not in line with international law: U.N. agency | Reuters.
[4] Single Convention on Narcotic Drugs, 1961, Mar. 30, 1961, 84 Stat. 1236, 520 U.N.T.S. 151.
[5] United Nations Treaty Collection, UNTC (last visited Nov. 15, 2014).
[6] United Nations Office on Drugs and Crime, Single Convention on Narcotic Drugs (last visited Nov. 15, 2014).
[7] Daniel A. Medina, Why the US is breaking the drug laws that it has forced the world to live by, Quartz (Nov. 13, 2014), Why the US is breaking the drug laws that it has forced the world to live by ? Quartz.
[8] Controlled Substances Act, 21 U.S.C. § 844 (2012) (imposing criminal penalties for possession and distribution of a controlled substance); Controlled Substances Act, 21 U.S.C. § 812 (2012) (classifying marijuana as a schedule I controlled substance).
[9] United States Drug Enforcement Administration, DEA / Drug Scheduling (last visited Nov. 15, 2014).
[10] Id.
[11] Smith, supra note 1.
[12] Memorandum from James M. Cole, Deputy Attorney General, U.S. Department of Justice, to all United States federal prosecutors (Aug. 29, 2013), available athttps://www.justice.gov/iso/opa/resources/3052013829132756857467.pdf.
[13] Judson Berger, Marijuana meddle: UN official rips US states over legal pot policies, Fox News (Nov. 13, 2014), Marijuana meddle: UN official rips US states over legal pot policies | Fox News.
[14] Id.
[15] Id.
[16] Id.
[17] Dahl, supra note 3.
The 1961 Single Convention on Narcotic Drugs ("the Treaty"),[4] which the U.S. signed and ratified,[5] seeks to "limit the possession, use, trade in, distribution, import, export, manufacture and production of drugs exclusively to medical and scientific purposes," as well as combat drug trafficking through international cooperation.[6] According to Wells Bennett, a national security law fellow at the Brookings Institute and an expert on marijuana policy, the Treaty prohibits member countries from creating regulated markets for the cultivation, sale, purchase, distribution and possession of marijuana.[7] By legalizing recreational marijuana use (in at least some states), the U.S. is violating the Treaty.
A rather interesting twist on this subject, however, comes with the fact that technically, possession and distribution of marijuana is illegal within the United States.[8] The U.S. Drug Enforcement Administration ("DEA") classifies marijuana as a Schedule I substance, along with ecstasy, heroin, and other recreational drugs.[9] Schedule I drugs, according to the DEA, are considered the most dangerous class of drugs with a high potential for abuse and a possibly severe psychological and/or physical dependence.[10] Even after Washington and Colorado voted to permit the recreational use of marijuana, the U.S. has not amended its federal prohibition, and as noted by the DEA in a press statement in 2012, "the Drug Enforcement Administration's enforcement of the Controlled Substances Act remains unchanged."[11] However, the U.S. can be said to have essentially acquiesced to the ability of individual states to legalize the substance, failing to pursue these state law changes through any legal action and having Deputy Attorney General James M. Cole, of the Department of Justice, issue a memo to federal prosecutors nationwide, making it clear that each state would be allowed to establish its own marijuana policy.[12]
Although recreational marijuana usage is technically illegal in the U.S., the United Nations ("U.N.") has taken notice of the U.S.'s contradictory distinction between its de jure and de facto standards.[13] Yury Fedotov, director of the United Nations Office on Drugs and Crime, told reporters after the ballot measures were approved in Oregon, Alaska, and Washington, D.C., that these new laws defy international law.[14] "I don't see how [the laws] can be compatible with existing conventions," he said.[15] Given the plain language of the 1961 Single Convention on Narcotic Drugs, it is difficult to argue with him. "Things have changed since 1961," Assistant Secretary of State for the Bureau of International Narcotics and Law Enforcement Affairs William Brownfield said, calling for a more "flexible interpretation" of U.N. drug policies.[16]
Fedotov promised to bring the issue up with the U.S. State Department and other U.N. agencies.[17] At this point, however, it is rather apparent that the U.S. breached the Treaty and broke international law by permitting states to legalize recreational marijuana. It will be interesting, in the coming weeks and months, to see whether an accusation that the U.S. violated international law will be enough to cause the U.S. to clarify its current confusing and inconsistent stance.
News Moderator: Shandar @ 420 MAGAZINE ®
Source: UNC School of Law: Blogs
Author: Michael B. Cohen
Contact: 919.962.5106
Website: State Marijuana Legalization Violates International Law
[1] Aaron Smith, Marijuana legalization passes in Colorado, Washington, CNN Money (Nov. 8, 2012, 11:46 AM), Colorado, Washington legalize recreational marijuana use - Nov. 7, 2012.
[2] Dan Merica, Oregon, Alaska and Washington, D.C. legalize marijuana, CNN (Nov. 5, 2014, 2:39 PM), Oregon, Washington, D.C. legalize marijuana - CNN.com.
[3] Fredrik Dahl, U.S. states' pot legalization not in line with international law: U.N. agency, Reuters (Nov. 12, 2014, 10:21 AM), U.S. states' pot legalization not in line with international law: U.N. agency | Reuters.
[4] Single Convention on Narcotic Drugs, 1961, Mar. 30, 1961, 84 Stat. 1236, 520 U.N.T.S. 151.
[5] United Nations Treaty Collection, UNTC (last visited Nov. 15, 2014).
[6] United Nations Office on Drugs and Crime, Single Convention on Narcotic Drugs (last visited Nov. 15, 2014).
[7] Daniel A. Medina, Why the US is breaking the drug laws that it has forced the world to live by, Quartz (Nov. 13, 2014), Why the US is breaking the drug laws that it has forced the world to live by ? Quartz.
[8] Controlled Substances Act, 21 U.S.C. § 844 (2012) (imposing criminal penalties for possession and distribution of a controlled substance); Controlled Substances Act, 21 U.S.C. § 812 (2012) (classifying marijuana as a schedule I controlled substance).
[9] United States Drug Enforcement Administration, DEA / Drug Scheduling (last visited Nov. 15, 2014).
[10] Id.
[11] Smith, supra note 1.
[12] Memorandum from James M. Cole, Deputy Attorney General, U.S. Department of Justice, to all United States federal prosecutors (Aug. 29, 2013), available athttps://www.justice.gov/iso/opa/resources/3052013829132756857467.pdf.
[13] Judson Berger, Marijuana meddle: UN official rips US states over legal pot policies, Fox News (Nov. 13, 2014), Marijuana meddle: UN official rips US states over legal pot policies | Fox News.
[14] Id.
[15] Id.
[16] Id.
[17] Dahl, supra note 3.
