Re:One year into legal pot sales California doesn’t have exp...
by dragonwriter on Friday December 28, 2018 @02:14PM
(#18778771)
> The US has signed up to a treaty that requires us to treat marijuana as an illegal controlled substance. That requires an explicit act of Congress to abrogate, and no court is going to find otherwise.
In any case, the relevant treaty is not self-executing, and there is no mechanism to force Congress to criminalize drugs if it chooses not to even without explicitly abrogating (or even the President unilaterally disavowing) the treaty. Foreign countries could try to bring a case against the US before the ICJ, but even if successful, that wouldn't actually force changes to domestic law.
It probably should, but you may be wrong about the weight of legal opinion: https://www.nbcnews.com/think/opinion/donald-trump-can-unila...
In any case, the relevant treaty is not self-executing, and there is no mechanism to force Congress to criminalize drugs if it chooses not to even without explicitly abrogating (or even the President unilaterally disavowing) the treaty. Foreign countries could try to bring a case against the US before the ICJ, but even if successful, that wouldn't actually force changes to domestic law.