The United Nations Drug Control Body (UN) suggests that the U.S. may not be in compliance with a decades old international drug treaty. This is because the federal government allows states to legalize marijuana.
The UN’s International Narcotics Control Board has routinely criticised countries for allowing cannabis legalization. This is despite their obligation under the 1961 Single Convention to keep prohibition. However, last week’s new annual report highlights a section that appears to directly address reform efforts at the state level in the U.S.
Press release – International Narcotics Control Board expresses concern over the trend to legalize non-medical use of cannabis, which contravenes the 1961 Single Convention on Narcotic Drugs – more here https://t.co/i9qEPqZa77 pic.twitter.com/qNmFpTFQuN
— UN Vienna (@UN_Vienna) March 9, 2023
The report states that “In States with federal structures, a special question may arise as to whether the federal government may be held responsible if a legalized entity violates the conventions while the federal government does not have power to compel it to comply with the treaty obligations.”
INCB stated that the 1961 treaty requires member countries to “give effect and execute the provisions of the Convention within their own territory,” regardless of whether they have a constitutionally Federalist system such as in the U.S.
The convention says that a treaty is binding on each party if a different intention is expressed in the treaty or otherwise established.
It asserts that “The internal distributions of powers between the different layers of a State cannot serve as justification for failure to execute a treaty,” but does not directly refer to state-level legalization in U.S.
“The Commentary on Single Convention on Narcotic Drugs 1961 clarifies that the question of whether a Federal State is exempted from obligations under Article 36, paragraph 1 of the Convention if it cannot enact the necessary penal legislation due to lack of authority under its Federal Constitution to do so should be answered in negative. The Commentary notes that a party cannot be exempted from its obligation to adopt the required measures because they lack the authority under a federal Constitution if the states and provinces comprising the federal State have the necessary powers.
This analysis has no practical effect, since other UN member countries like Canada and Uruguay have legalized marijuana for adults in their own federal systems, clearly violating the treaty. There are no clear consequences for the international body.
It is still notable that the international organisation is using the six-decade-old Treaty provision to suggest that the U.S. is abusing its obligations to comply by allowing states legalization of marijuana for recreational use without taking enforcement action.
INCB stated that a more straightforward decriminalization of possession of drugs without allowing for sales could be compatible with the conventions, provided that it respects the obligation of limiting the use of drugs for medical and scientific purposes, and that it does not exceed certain limitations set out by the conventions.
It stated that allowing adult-use legalization in full is against the drug control conventions’ obligations.
#Cannabis legalization moves driving consumption, psychotic disorders: UN drugs control board #INCB shows #DrugTrafficking @UN_Vienna https://t.co/6ZJfx0w2SA
— UN News (@UN_News_Centre March 9, 2023
The board made a series of criticisms about countries that allow legalization and marijuana consumption, in addition to the legalities of cannabis regulation under international law.
It argued, for example, that “growing availability of cannabis products on the illicit market poses an increasing risk to health.” Furthermore, the expansion and authorization of legal cannabis businesses “contributed the normalization, trivialization, and consequently to decreased perceptions of harm associated cannabis consumption.”
The growing demand for cannabis has benefited criminal organizations that are involved in large-scale illegal production and trafficking. This is a significant challenge for international communities, especially for States parties to international drug control conventions. These conventions stipulate that all drug use must be restricted to scientific and medical purposes, and that any other use should be considered ‘punishable offenses. ‘”
INCB acknowledged that marijuana reform has been defended by different countries. They argued that the policy changes would promote safety and health, and that they respect “human rights principles like freedom, privacy, and autonomy.”
The board rejected the arguments in general. It did however acknowledge that there is mixed evidence regarding the different implications of legalization.
INCB stated that it was difficult to draw general conclusions about the impact of legalization given the multifaceted and complex picture.
The board pointed out that research on youth consumption rates after legalization has produced mixed results. Some studies show an increase in underage drinking, while others show stability or decreases.
Numerous studies have shown that the U.S. has seen a decline in youth marijuana use since the legalization of the drug. A federally funded report that was published last month showed that teens used marijuana less from 2019 to 2021, which is a new record since 2011.
The report also mentions the concern of the international board about the potential impact of legalization on illicit cannabis trade. The “objective” of member countries is to reduce the influence of illegal cannabis sales. However, INCB stated that there is a lack in uniformity in the outcomes of this policy change.
According to the report, “The market for illicit supply continued in all legalizing jurisdictions” with varying degrees of success, from around 40 percent in Canada to almost 50 percent in Uruguay to 75 percent in California.
It states that the illegal market continues to thrive despite the fact that legalization in the United States was intended to end or reduce the illicit cannabis industry and related organized crime. It is hard to assess the extent of the illicit market as all its activities remain ‘underground’ and are not well-known.
The board’s analysis does not include the fact that 100 percent of all cannabis sales were made in the unregulated, illegal market prior to legalization. The problem is not being ignored by the states. California, for example, has made it a priority to further eradicate illegal trade.
Legalization of non-medical cannabis use has led to an increase in its use without any efforts to educate users about the serious health risks.
Latest from the International Narcotics Control Board: https://t.co/CAa3hRkwll #INCB pic.twitter.com/t93pAKEiiE
— United Nations (@UN), March 9, 2023
It noted that legalization has created a new legal cannabis marketplace in legalizing jurisdictions. This market attracted the attention of large corporations who see the potential for growth as well as investment.
It is not always clear if there is a causal relationship between legalization and statistical changes within the jurisdiction. But, it is clear that legalization has not met its goals. You can see that legalization has not solved the drug problems in legalized jurisdictions worldwide. These jurisdictions have higher levels of cannabis consumption than others. The prevalence of cannabis use is also rising faster than it is in nonlegalizing jurisdictions. This has obvious health consequences. Youth are still consuming cannabis despite legalization. Although illegal markets in certain countries have been reduced, they continue to thrive. The growing cannabis industry, which seeks to increase sales and profit without regard for public safety, has largely replaced organized crime.
UN has not penalized member countries that have legalized their territories so far.
Canada sent comments to the drug enforcement panel in 2020 defending its legal cannabis laws. However, that has not moved the needle with the international organization. These comments were made two years ago, after INCB warned its members not to take the same step as Canada.
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The post UN Suggests U.S. Federal Govt Must Forcibly States to Repeal Marijuana Legalization To Conform With International Treaty was first published on Marijuana Moment.
