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MARIJUANA MOMENT
UN BODY REAFFIRMS THAT MARIJUANA LEGALIZATION VIOLATES INTERNATIONAL TREATIES,
WHILE ADDRESSING GERMANY CANNABIS REFORM AND U.S. PSYCHEDELICS MOVEMENT
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POLITICS
UN BODY REAFFIRMS THAT MARIJUANA LEGALIZATION VIOLATES INTERNATIONAL TREATIES,
WHILE ADDRESSING GERMANY CANNABIS REFORM AND U.S. PSYCHEDELICS MOVEMENT
Published
1 day ago
on
March 6, 2024
By
Kyle Jaeger
The United Nations’s (UN) drug control body is reiterating that it considers
legalizing marijuana for non-medical or scientific purposes a violation of
international treaties, though it also said it appreciates that Germany’s
government scaled back its cannabis plan ahead of a recent vote. The global
narcotics agency is also taking note of the psychedelics policy reform movement
in U.S. states.
This is mostly par for the course for the International Narcotics Control Board
(INCB), which has routinely criticized countries for allowing the enactment of
cannabis legalization due to their obligations under various Single Convention
treaties going back to 1961. But as Germany entered the fold, and the U.S. has
continued to move toward marijuana and psychedelics reform, the body is again
making its disappointment known.
INCB’s 2023 annual report, which was published on Tuesday, “underscores” that
member nations are required to “take such legislative and administrative
measures as may be necessary” to criminalize “the production, manufacture,
export, import, distribution of, trade in, use and possession of drugs” such as
marijuana under decades-old treaty agreements.
Petition to decriminalize marijuana in Dallas
Petition to decriminalize marijuana in Dallas
If passed, the "Dallas Freedom Act" would also prohibit the city from allocating
any budgeted resources for THC concentration tests. The act has support from the
Dallas Democratic Party and at least one local justice of the peace.
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“The Board continues to reiterate its concern regarding the legalization of the
use of cannabis for non-medical and non-scientific purposes in several
jurisdictions, with other jurisdictions considering similar action,” it said.
To that point, INCB also included a recommendation in the latest report to
recall an analysis from its 2022 report that, at one point, suggested that the
U.S. is out of compliance with drug treaty obligations because the federal
government is passively allowing states within the country to legalize
marijuana.
“The apparent tension between these provisions and the trend towards
legalization must be addressed by the signatories to the three drug control
conventions,” it said.
Meanwhile, the new report also discusses the board’s ongoing monitoring of
efforts to legalize marijuana in Germany. The country’s parliament officially
approved a bill to legalize cannabis nationwide last month.
“The Board has had ongoing discussions with the authorities in Germany and has
taken note of the evolution of the originally planned control measures following
concerns expressed by the European Commission, in particular with respect to the
provisions on the sale of cannabis in speciality shops to adults for non-medical
purposes,” it said.
That’s in reference to changes to the Germany government’s legalization plan
that makes it so possession and home cultivation would become legal, while
authorizing social clubs to distribute marijuana to members, but not
establishing a full-scale commercial market right away.
Overall, while German supporters have said legalization would take effect in
April if the legislation is enacted, there are questions about that timeline.
The country’s Bundesrat may move to refer the legislation to a mediation
committee to address criminal justice-related implications of the law, which
could mean several months of additional discussion.
In the U.S., INCB recognized that while “cannabis remains subject to the highest
level of control under the Controlled Substances Act, use of the drug has been
legalized in several states for non-medical purposes.”
“The Board has repeatedly expressed its concern that these developments may be
inconsistent with the country’s legal obligations as a party to the three
international drug conventions,” it said.
“The Board continues to maintain a constructive dialogue with the Government of
the United States on these matters,” it added.
The report further notes that President Joe Biden’s mass pardons for federal
marijuana possession offenses are actively “being implemented” by the Justice
Department.
“While the presidential pardon does not expunge the existing conviction, it
removes civil or legal restrictions, such as on the rights to vote, hold office
or sit on a jury, and lifts barriers to housing, employment and educational
opportunities,” it says.
Notably, INCB did not mention the parallel presidential directive that’s
underway to review the scheduling status of cannabis under federal law.
The reason that lack of mention stands out is because supporters and opponents
of rescheduling under U.S. law, as recommended by the U.S. Department of Health
and Human Services (HHS), have made competing arguments about the influence of
international treaty obligations in the final decision that the Drug Enforcement
Administration (DEA) is expected to hand down.
For example, a Democratic congresswoman recently implored DEA to “reject any
argument” that rescheduling marijuana under federal law would constitute a
violation of international treaty obligations. She also asked the agency to
reveal a list of any “outside partners” it has met with to discuss the global
implications of a potential cannabis reclassification.
Legal experts recently released an opinion that disputes that assessment. In
fact, they argued that a move to Schedule III would better uphold the country’s
broader obligations under international law to regulate cannabis in a way that
protects public health and safety.
Among those who’ve raised concerns about treaty obligations blocking a move to
Schedule III is Rep. Andy Harris (R-MD), who raised the issue in a letter sent
to DEA Administrator Anne Milgram late last month, claiming that any
reclassification that puts marijuana outside of Schedule I or Schedule II “would
constitute a violation of the Single Convention,” referring to the 1961 United
Nations (UN) Single Convention on Narcotic Drugs.
But as a coalition of 12 senators pointed out in a separate letter to Milgram a
week earlier, the UN has since revised global cannabis scheduling policies and
allowed other member states, such as Canada, to legalize and regulate marijuana
without penalty. Those lawmakers urged DEA to legalize marijuana completely.
Additionally, INCB in its new report said that it is monitoring psychedelics
policy developments in the U.S. and in other countries, including the
legalization of psilocybin services in Oregon and a broader class of
psychedelics in Colorado.
“A growing interest in the therapeutical potential of psychedelic drugs and the
potential risks in their unregulated use has also been noted,” the report said.
“While clinical studies on the use of psychedelics are conducted in some
countries, most of the health, wellness and tourism businesses involving the use
of psychedelics have been operating without much regulatory oversight.
Unsupervised and experimental use of those substances, even in microdoses as
self-medication, may put some vulnerable populations at risk.”
> Hawaii Senate Passes Marijuana Legalization Bill
Image element courtesy of Kristie Gianopulos.
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Kyle Jaeger
Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.
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