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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