fbpx

Easy Solution For US’s SCND Problem

What’s the US going to do about the U.N. Single Convention on Narcotic Drugs (SCND) Treaty, the mother of all drug laws? I suggest do what Uruguay, Paraguay, The Netherlands, Jamaica, and Canada do, and soon Malta, Luxembourg, and Thailand will do, and what the government already did to many Native American treaties: ignore it.

Good thing none of the 50 US states are signatories, 10A FTW. That treaty created this federal vs state antagonism, a daily Constitutional crisis since 1996. It’s the way our system was designed; it’s not actually illegal in the state just federally, and that’s an acceptable outcome in this interim transitional period we are in.

And who pushed Geneva to write said treaty? None other than Harry Anslinger. He perceived the Constitution didn’t allow him to marshal a national police force so h used a tax stamp to determine legality. A blatant 5A infringement, it was ruled unconstitutional in 1969.

Almost every marijuana state still has laws against marijuana on the books, Schedule 1 in each’s CSA. But legality in America is determined by enforcement, not necessarily any of thousands of new laws written every year.

And if there’s actually no law against what you’re doing but the cop doesn’t like you, it’s still illegal in that he will arrest you and drop charges later. Conversely, if you’re a Senator’s son you are indeed fortunate, no matter how many kilos of blow are in your trunk. Therefore legality is defined by enforcement and they don’t enforce marijuana laws as much as they once did in legal states. That’s why I include The Netherlands in the list, because if enforcement defines legality then gedogen = legal.

And in our system states are free to legalize weed as long as they’re able to literally keep the Feds at bay. That truce was once called the Cole Memo, then the Ogden Memo. AG Sessions tore them up and Biden never reinstated them, but budget amendments did much to get cases tossed federally.

So they switched tactics, today’s New Normal: seize assets but don’t prosecute; cash and Ferraris don’t have standing to argue their case in court. And if you do it, they’ll prosecute. A jury or a Circuit Court of Appeals let alone the US Supreme Court will never hear a case, no matter how much Justice Thomas wants to.

Despite the increase in state-legal activity the federal is also seeing a massive budget off-balance sheet infusion from it, right when it should be scaling back on state-legal marijuana enforcement. Besides the cost savings there’s no fear of finding it unconstitutional, which S1 is 4 ways. Both the theft of assets which is fruit of the poison tree, Schedule 1. The New Normal encourages corruption of federal agents and makes a mockery of the 4th, 6th, 10th, 14th, and 16th Amendments.

That’s how the US states can flip off the UN and get away with it. They aren’t signatories and the US Constitution allows states to be “laboratories of democracy.” The UN obviously didn’t expect a federal not to be able to whip its regions and provinces and cantons into shape. Like a few areas in Europe, each US state is essentially a similar autonomous region. And like in the US some of those regions are allowing common sense marijuana reform; laboratories of democracy.

Here’s the source of Schedule 1’s “no medical value“ in the 1937 hearings for the MTA, Anslinger’s Scientists For Hire:

Leave Your Reply

বাংলা简体中文繁體中文EnglishFrançaisDeutschहिन्दीItaliano日本語한국어मराठीPortuguêsਪੰਜਾਬੀРусскийEspañolSvenskaతెలుగుไทยTürkçeУкраїнськаTiếng Việt