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Re: Alan Brochstein post# 143783

Wednesday, 10/09/2013 2:10:33 PM

Wednesday, October 09, 2013 2:10:33 PM

Post# of 238173
What Everyone Needs to Know, that "the Constitution does not allow the federal government either to order state governments to create any particular criminal law or to require state and local police to enforce federal criminal laws." Hence a treaty that purported to require such legal subjugation would not be "under the authority of the United States," and any act of Congress aimed at dictating state drug laws would not be "made in pursuance" of the Constitution.

Furthermore, the Single Convention on Narcotic Drugs says a signatory's obligation to enact criminal penalties for the nonmedical production, possession, and distribution of marijuana is "subject to its constitutional limitations." The penal provisions of the '61 convention includes the caveat: "subject to the constitutional limitations of a Party, its legal system and domestic law." How does that interact with the 10th Amendment to the U.S. Constitution, which states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"?...

There is an argument that America's unique situation regarding states rights allows one of these states to do this i.e., legalize marijuana without violating the treaty