UN Unlawfully Cites Federal Treaty Supremacy in Marijuana Laws
The head of the United Nations drug “watchdog” agency is calling on the United States federal government to blog states’ legislation allowing the use of marijuana.
The International Narcotics Control Board’s head, Raymond Yans, released a statement urging the U.S. to challenge states’ decriminalization of the drug in states like Washington and Colorado. The drug is still illegal according to federal law. Yans stated in an email release that since the U.S. is part of an international treaty barring the drug’s use, allowing states to legalize marijuana violates international law.
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While the Supremacy Clause states that any federal law supersedes state law, a federal treaty law doesn’t. Since the federal treaty can only apply if the federal law is within the government’s lawful exercising of power, and marijuana is a state’s rights issue, a federal treaty taking supremacy in this case is consequently unconstitutional.
United States Attorney General Eric Holder said the Justice Department has not yet decided whether they will attempt to block the marijuana laws.
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Flickr photo courtesy of Ashitakka
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