What will the legalization of marijuana in Colorado and Washington State mean to U.S. drug laws?

We asked Calvina Fay, Director of Drug Free America Foundation, what the legalization of marijuana in the states of Colorado and Washington will mean to the U.S. drug laws.

Calvina Fay: While the passage of these state initiatives is certainly a blow to drug control, it’s worthwhile to clarify that keeping marijuana illegal is a US treaty obligation under the 1961 International Convention on Narcotic Drugs and supported by the two other Conventions, 1971 on Psychotropic Drugs and the 1988 Anti-Trafficking Convention.

In accordance with treaty law each signatory must conform its legal structure to the obligations it undertakes under the treaties it signs. The 1961 Convention classifies cannabis (marijuana) as a drug with nomedical or scientific benefit. That classification is also present in federal law.

Federal law in this area, under the supremacy clause, trumps state law. Marijuana is therefore illegal throughout the territory of the United States and state law cannot change that. In fact the Obama Administration has already stated that it will not honor any state law that “legalizes” marijuana. This despite the fact that regarding “medical marijuana,” Attorney General Holder said the federal government would not arrest or prosecute any person acting in conformity with state law.

The real question now is what instructions the Administration will give to US Government departments and enforcement agencies about dealing with illegal “legalized” marijuana.

I’m not a lawyer, but I imagine that this will eventually go to the Supreme Court and I can’t imagine that the Federal Government would lose, unless the Administration decides to do nothing and ignore federal law and itsinternational treaty obligations.