U.N. Says States Don’t Have Right To Legalize Marijuana
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The decision by some U.S. states to legalize the recreational use of marijuana violates international law, the U.N. anti-narcotics chief said Wednesday. Yury Fedotov, executive director of the United Nations Office on Drugs and Crime (UNODC), has vowed to fight state-by-state legalization in Washington next week, Reuters reported. “I don’t see how (the new laws) can…
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D.B. Hirsch is a political activist, news junkie, and retired ad copy writer and spin doctor. He lives in Brooklyn, New York.
mea_mark November 14th, 2014 at 10:01 am
E. The Netherlands and International Commitments
Like Canada, the Netherlands is a signatory to the United Nations drug conventions.([16]) As well, it has drug control commitments associated with the Treaty of the European Union([17]) and the Schengen Agreement relating to border controls. In the opinion of the Dutch government, the obligations arising from these accords preclude outright legalization of cannabis or indeed any other drug referred to in the treaties.([18])
By maintaining laws criminalizing the drugs enumerated in the international agreements, the Netherlands complies with the letter of international law. Its discretionary prosecution policy is not specifically prohibited by the treaties. When faced with external criticism about compliance with its international commitments, the government states that its role is to rectify the inadequate understanding of what is occurring in Holland.([19])
From … http://www.parl.gc.ca/content/sen/committee/371/ille/library/dolin1-e.htm#E. The Netherlands and International Commitments
Looks like we can do the same thing.
arc99 November 14th, 2014 at 10:16 am
Article 6 of the US Constitution does say that any treaties signed and ratified by the United States have the same force of law as does the Constitution.
Now that the UN has chimed in against legalization, I think we have effectively muted right wing opposition to legalization. They hate the UN more than they hate the President. If the UN is against it, they will be for it, so score a domestic victory for legalization.
As far as the treaty is concerned, looks like it is time for some civil disobedience on a state by state basis.
Spirit of America November 14th, 2014 at 11:26 am
So it is against UN law via treaty: ignore it.
It is against fed law: ignore it
I believe that is setting up a serious problem. Especially if you come across someone who says ‘state sovereignty’ when arguing their case on something you don’t want(say a type of gun control), you will not, w/out being a hypocrite, be able to say ‘Fed law trumps’ …
arc99 November 14th, 2014 at 11:40 am
Civil disobedience by definition means that the people involved are full cognizant that their actions are against the law.
Civil rights workers in the 1960’s for example were fully prepared to go to jail and face prosecution. Realistically, we both know that the UN is not going to be arresting and prosecuting anyone, but that is the principle.
The difference here is that those in this country who preach state sovereignty do not recognize the authority of the law they break and scream “tyranny” when authorities try to enforce it. Cliven Bundy is a prime example.
I see no hypocrisy. People who are prepared to face the consequences of their “crime” are not hypocrites for criticizing those who are not willing to do the same.
Spirit of America November 14th, 2014 at 11:49 am
I understand your differing the two, but the base action of not following the law is the same… my concern is that is where they will focus the argument and it will be convincing for some.
greenfloyd November 14th, 2014 at 6:13 pm
No doubt. Stuck on stupid, hooked on drug money from all sides. Now, with the obvious sea-change in grass-roots legalization, pro-drug war zealots will make it clear; they are willing to throw away democracy itself for a few pieces of silver, a smug sense of superiority and more than a fair share of hypocrisy!
Spirit of America November 14th, 2014 at 6:19 pm
“they are willing to throw away democracy itself for a few pieces of
silver, a smug sense of superiority and more than a fair share of
hypocrisy!”
Copyright that phrase, right there. And use it often, you’ll be accurate more times than not.
Well written!
Kim Serrahn November 14th, 2014 at 12:06 pm
But would the UN have the right to put us citizens in jail in their own country?
tiredoftea November 14th, 2014 at 12:08 pm
The U.N. isn’t a country.
Kim Serrahn November 14th, 2014 at 1:51 pm
But the USA is.
edmeyer_able November 14th, 2014 at 1:28 pm
FEMA camps.
greenfloyd November 14th, 2014 at 5:59 pm
They don’t need to, our government has done a shamefully good job of putting people in cages.
These drug laws, this treaty are an insult to humanity and a threat to peace everywhere.
tiredoftea November 14th, 2014 at 12:07 pm
There’s a concept called “prosecutorial discretion” where the state makes informed decisions about which laws to strictly enforce and which laws to, if not ignore, then to turn a blind eye towards. There are lots of laws that fall into this category, as current federal marijuana do now.
Spirit of America November 14th, 2014 at 12:25 pm
Yea, rgr that, no doubt. My belief is that it is getting way out of hand and being used in ways not even thought of.
First, “prosecutorial discretion” is about prosecutors, them deciding, on a single case by single case basis. It has for far too long and far too many times been used for blanket, or ‘a class of’ crimes/groups.
Second, one of the debate points used is ‘others have done it(precedent)’… to me, that is a very sloppy and even incorrect point due to precedent only means it has been done before, not whether what has been done before is right or wrong.
In other words, individual prosecutors are to use “prosecutorial discretion” on each of their cases, not a blanket decision on a law.
I like the way it was setup to work:
Congress passes laws
Exec branch enforces laws
Judicial ensures laws abide w/in framework of constitutionality.
Here’s a good read on it (prosecutorial discretion):
http://www.law.yale.edu/documents/pdf/conference/ILR13_CBRebeccaKrauss.pdf
OFF TOPIC QUESTION
As a mod, do you know why a lot of the posters icon show up as a blue, 90deg rotated left G instead of their normal icon? Then, in a different thread, their normal one shows up. Any idea?
tiredoftea November 14th, 2014 at 12:51 pm
My understanding of “prosecutorial discretion” is that it is set by the AG and less by individual DA’s although they retain the ability to direct efforts on a local basis.
You may be correct about its use as a political tool. But, I’m not sure that’s a real change, only more obvious these days.
I have no clue about the avatars. Disqus is a mystery to me.
Spirit of America November 14th, 2014 at 1:25 pm
“My understanding of “prosecutorial discretion” is that it is set by the AG and less by individual DA’s”
It is now, but historically was just local, then crept upwards, never reviewed and led to where we are in practice today.
It used to be, throughout west. civ, that even criminal charges were individual against individual(including brit common law, which we have some things in common(no pun) with). Our country is the first system that came up w/state-only criminal charges, and again, w/prosecutorial discretion arising not out of law per se, but as a by product of the separation of powers/branches… the courts(judicial branch) has no authority of review of the exec prosecutors.
“I have no clue about the avatars. Disqus is a mystery to me.”
ok, thanks for the answer though.
mea_mark November 14th, 2014 at 1:31 pm
On Avatars — It may have something to do with where the information on their Avatar is located and if their accounts have been merged in Disqus and if they are logged into liberland or not. If all accounts are merged then I think the avatar should always be your own.
Spirit of America November 14th, 2014 at 1:41 pm
Many thanks for your time & answer! Makes sense to me.
arc99 November 14th, 2014 at 2:04 pm
most of the time, I log in with my discus id arc99. that is when you see my puppy icon.. when I log in with the id specific to alan’s site (I think it is a WordPress) to do things like participate in his poll, I get the sideways G..
mea_mark November 14th, 2014 at 3:38 pm
If you merge accounts in Disqus through the ‘edit settings’ I think you will still get your avatar. if not you may have to share your avatar with wordpress. My avatar is already in wordpress so I am not sure, I just know everything has been merged and my avatar is in wordpress as well as disqus. I like having my avatar in wordpress because I can leave comments on wordpress sites not using disqus and I still get my avatar.
Spirit of America November 14th, 2014 at 5:43 pm
rgr that, ty for input!
amongoose November 14th, 2014 at 2:05 pm
As it is with jury nullification, and that thing called the 10th amendment.
greenfloyd November 14th, 2014 at 5:41 pm
That’s a very good point. I have said before making pot illegal makes a mockery of the law, all law. That’s why a nation who prides itself as being of law not men must not trivialize or ignore its demise by legislative fiat.
Wayout November 14th, 2014 at 11:52 am
Oh no, you mean you leftists want to defy the UN, that world organization that you champion so much? I can’t believe it!
BillTheCat45 November 14th, 2014 at 12:00 pm
Cry more idiot, and have another drink.
Kim Serrahn November 14th, 2014 at 12:05 pm
:/
mea_mark November 14th, 2014 at 1:33 pm
Yup, we can think and make decisions based on issues.
greenfloyd November 14th, 2014 at 5:36 pm
I am committing non-violent civil-disobedience at this very mmmmmmmmmmoment… ah! thank you for smoking pot!
rg9rts November 14th, 2014 at 10:01 am
We’ll contemplate that when Russia gives up Vodka which is well known to be much more deadly that pot
Allan Kim Harrison November 14th, 2014 at 10:14 am
<- This UN
Larry Schmitt November 14th, 2014 at 10:23 am
Yeah, but that’s your response to everything.
Allan Kim Harrison November 14th, 2014 at 12:26 pm
No Happy Feet, it’s my avatar for everything.
edmeyer_able November 14th, 2014 at 10:30 am
Maybe, just maybe this ahole could do something about russia invading sovereign nations and killing their citizens while annexing their lands, before deciding that what someone smokes in Colorado.
BillTheCat45 November 14th, 2014 at 11:59 am
Gosh, I wonder if this RUSSIAN UN guy has any ulterior motive for trying to tell the U.S. what to do… hmm, gee, I wonder why he could be so mad? I can’t think of any reason why the RUSSIAN guy would be so against something seen in his country as more evidence of “western decadence”… it’s a pickle! /sarc
Bad news Ivan – We don’t give sht what you think. Thanks for playing!
Hirightnow November 14th, 2014 at 2:31 pm
In Russia, pot smokes YOU!
Kim Serrahn November 14th, 2014 at 12:04 pm
OHHHHHHHHHHHHHHHHHHH somebody paid him off.
Cosmic_Surfer November 14th, 2014 at 12:20 pm
When one’s livelihood depends on keeping the paradigm alive, one lies, cheats, and cons to assure it never dies
Hirightnow November 14th, 2014 at 2:31 pm
And who,pray tell, was responsible for these laws being enacted in the first place?
mea_mark November 14th, 2014 at 3:44 pm
For a nice little synopsis … http://origins.osu.edu/article/illegalization-marijuana-brief-history
Cosmic_Surfer November 14th, 2014 at 3:03 pm
I guess it should be noted as part of disclosure , The Washington Times is owned by the changeling followers of Rev. Sun Yung Moon’s Unification Church (well, now that he died, it belongs to the conglomerate) and keeping in mind the same paper announced that Nixon was an Archangel (direct quote from Moon himself) back in the 70’s…
’nuff said http://www.usnews.com/news/blogs/washington-whispers/2012/09/04/sun-myung-moons-death-leaves-conservative-newspaper-at-a-crossroads
burqa November 14th, 2014 at 9:07 pm
Oh shoot, better than that. back in September 2003, one part of the Unification Church, which owns the paper, bought two-page ads from another part of the company which actually owns the paper and sells advertising.
The ads had interviews with dead presidents.
George Washington said he was “deeply moved” to find out “the identity of the Rev. Sun Myung Moon” who he said is “the Messiah.”
Abraham Lincoln said Moon is “The True Parent of humanity.”
John F. Kennedy is quoted as saying, “All of humankind and the U.N….have to accept his leadership and guidance.”
Scooter November 14th, 2014 at 3:39 pm
And somewhere someone actually considers this “news”.
greenfloyd November 14th, 2014 at 5:28 pm
The UN obviously does a lot of good things, but this isn’t one of them. If they push it we should walk away from the “treaty” and take our money as well.
Boehner-Monkey November 14th, 2014 at 8:31 pm
They can have my bong when they pry it from my cold, dead… actually no bong is worth me getting hurt or anything, they can have my bong. That is what rolling papers are for.
burqa November 14th, 2014 at 9:12 pm
The po-lice oncet got my Tokemaster and I was always disappointed in the years to follow when I had to go to court for a traffic ticket or something when I didn’t see it in the big glass display case they used to have down there outside the courtroom by the po-lice station offices….
Booya Bible November 14th, 2014 at 9:35 pm
I don’t give a fuck what this fuckin’ guy wants. Come to America, jack, so you can blow me.