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16 Chi.-Kent J. Int'l & Comp. L. 1 (2016)

handle is hein.journals/chkjicl16 and id is 1 raw text is: Legalization of Marijuana and the Conflict with International Drug Control Treaties Biju Panicker* Independent Study Spring 2015 Professor Jalila Jefferson-Bullock Abstract The present system of worldwide drug control is based upon three international conventions: the Single Convention on Narcotic Drugs as amended by the 1972 Protocol, the 1971 Convention on Pyschotropic Substances, and the 1988 Convention Against Illicit Trafficking of Narcotic Drugs and Psychotropic Substances. These treaties require participating nations to limit and even criminalize the possession, use, trade, and distribution of drugs outside of medical and scientific purposes, and work together to stop international drug trafficking. This paper argues that the recent move toward legalization of use, possession, and sales of marijuana in the United States (U.S.) and other foreign nations is in conflict with international treaty obligations. While each state in the U.S. has its own drug laws and controlled substances acts, the Supremacy Clause of the U.S. Constitution places international treaties on the same legal footing as federal law. Under this argument, Alaska, Colorado, Oregon, Washington, Washington D.C., as well as Uruguay and The Netherlands' legalization of marijuana for recreational use, allowance of possession and sales, is in contravention of U.S. federal law and international treaties. Finally, this paper will also look at Portugal's 2001 decision to decriminalize all drug use to answer the question as to whether the international drug treaties place a firm limitation on the legal, non-medical sale of schedule drug or truly obligate countries to penalize drug use. Keywords: Marijuana Legalization, International Conventio * 0 Biju Panicker, J.D. 2015, Arizona Summit Law School; M.S. 2013, Grand Canyon University, Leadership, with a concentration in Disaster Preparedness & Executive Fire Leadership, B.S. 2000, Quinnipiac University, International Business. While at Arizona Summit Law School, Biju interned for the Maricopa County Attorney's Office, US Department of State, and the Tempe City Attorney's Office to name a few. Biju aspires to become a prosecutor upon passing the Bar. The author would like to extend a special thanks to Professor Jalila Jefferson-Bullock for her guidance and support while researching this topic. The author would also like to thank Samantha Gaul and the staff of the Chicago Kent Journal of International and Comparative Law for their valuable input and editorial assistance.

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