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By Shepard Ambellas
March 7, 2013
In a new move and a push from the UN backed International Narcotics Control Board along with a handful of former DEA administrators are now trying to halt the legalization of marijuana in Washington and Colorado. The group plans to coax president Obama to block or reverse the laws in the states that have adopted them.
However, enthusiasts of the laws claim that the states our outside of the treaty and are responsible for their own laws within.
An excerpt from StopTheDrugWar.org reads;
Both of those positions may be overreached. It’s true that federal marijuana legalization would require revision of the drug treaties, if the US is not to be in violation of them (or for the US to do what Bolivia did by withdrawing and then rejoining “with reservations”). Legalization by Congress even just within states that have enacted it is also a likely treaty issue. But Colorado and Washington aren’t parties to the treaties, and federal law remains in force within those states. The states have simply ceased to contribute their own resources to a part of the prohibition program. Under our federal system they very probably have the legal right to do so.
And that is why the DEA chiefs have overreached as well. When one says that federal law is supreme in this area, it means that federal agents can use the powers they have to bring criminal or civil actions against marijuana users or sellers, despite the passage of state laws — the Raich case decided that for medical marijuana, for reasons that would seem to apply to fully legalized marijuana too. But that doesn’t mean the states have to help them. We have a federal system. As I’ve pointed out previously, no federal prosecutor in 16 years of state medical marijuana laws has ever argued in court that the states can’t have those laws on their books. Clearly they’ve had incentive to do so, if they thought they could win that way.
For years the power structure has used treaties to circumvent US law. We saw this during the 2009 H1N1 outbreak, where pandemic level 6 a World Health Organization feature was used to supersede US law and allow the fast-tracking of modern vaccines. This provision was extended by Obama until March of 2012 last year. In my opinion this is what allowed for the illegal bailouts as we were technically in silent martial law.