From the Desk of Steve Kubby | FYI
Convention's lead in granting a public health
least as strictly as required by the Single Convention (Treaty)."
UNITED STATES TREATY ISSUES
FEDERAL DRUG LAW ENFORCEMENT
The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific (nominally narcotic) drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research.As noted below, its major effects included updating the Paris Convention of 13 July 1931 to include the vast number of synthetic opioids invented in the intervening 30 years and a mechanism for more easily including new ones.
Earlier treaties had only controlled opium, coca, and derivatives such as morphine, heroin and cocaine.The Single Convention, adopted in 1961, consolidated those treaties and broadened their scope to include cannabis and drugs whose effects are similar to those of the drugs specified.The Commission on Narcotic Drugs and the World Health Organization were empowered to add, remove, and transfer drugs among the treaty's four Schedules of controlled substances. The International Narcotics Control Board was put in charge of administering controls on drug production, international trade, and dispensation.The United Nations Office on Drugs and Crime (UNODC) was delegated the Board's day-to-day work of monitoring the situation in each country and working with national authorities to ensure compliance with the Single Convention.This treaty has since been supplemented by the Convention on Psychotropic Substances, which controls LSD, Ecstasy, and other psychoactive pharmaceuticals, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which strengthens provisions against money laundering and other drug-related offenses.
Since the Single Convention is not self-executing, Parties must pass laws to carry out its provisions. The United Nations Office on Drugs and Crime works with countries' legislatures to ensure compliance. As a result, most of the national drug statutes in the UNODC's legal library share a high degree of conformity with the Single Convention and its supplementary treaties, the 1971 Convention on Psychotropic Substances and the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Russian Minister of Interior Affairs Boris Gryzlov told the State Duma that "total prohibition" of illicit drug use was "not the government's own initiative...but rather the result of our responsibility to implement the UN drug conventions of 1961, 1971, and 1988."The Single Convention has been extremely influential in standardizing national drug control laws. In particular, the United States' Controlled Substances Act of 1970 and the United Kingdom's Misuse of Drugs Act 1971 were designed to fulfill treaty obligations. Both Acts include analogous schemes of drug Scheduling, along with similar procedures for adding, removing, and transferring drugs among the Schedules.The Controlled Substances Act follows the Single Convention's lead in granting a public health authority a central role in drug Scheduling decisions. It also includes a provision mandating that federal authorities control all drugs of abuse at least as strictly as required by the Single Convention (21 U.S.C. § 811(d)).
--Single Convention on Narcotic Drugs From Wikipedia
The fraudulent authority to outlaw cannabis was created through the covert use of the Single Convention Treaty, for the unlawful purpose of circumventing the requirement for a constitutional amendment, as was the case with alcohol prohibition.
For over a century, the courts misconstrued the Necessary and Proper Clause, allowing unconstitutional infringements of the 10th amendment, by wrongly conferring upon the Federal government "unlimited authority" when signing treaties.
In their Amicus brief to the Supreme Court in the Bond case, the Cato Institute explained how two related and constitutionally dubious propositions regarding treaty powers of the Federal government were used for a century to undermine the 10th Amendment and to pass domestic legislation in excess of constitutional authority – merely because action was promised in a treaty:
In conclusion, Bond v. United States upholds individual standing to challenge Federal prosecution, when Federal law relies upon a treaty to overreach its constitutional authority.
Just as Bond has standing to challenge whether the Chemical Weapons Convention Implementation Act of 1998 can be used to prosecute her under Federal law, similar arguments could be made in questioning Federal jurisdiction in raiding, arresting and prosecuting California citizens who are complying with state law.
The authority and jurisdiction of the Federal government to enforce laws based upon the Single Convention on Narcotic Drugs of 1961 should be challenged by California citizens individually in Federal cannabis prosecutions as well as collectively through a voter initiative which authorizes the state to opt out of the Controlled Substances Act.
From the UN Site:
Single Convention on Narcotic Drugs, 1961
The adoption of this Convention is regarded as a milestone in the history of international drug control. The Single Convention codified all existing multilateral treaties on drug control and extended the existing control systems to include the cultivation of plants that were grown as the raw material of narcotic drugs. The principal objectives of the Convention are to limit the possession, use, trade in, distribution, import, export, manufacture and production of drugs exclusively to medical and scientific purposes and to address drug trafficking through international cooperation to deter and discourage drug traffickers. The Convention also established the International Narcotics Control Board, merging the Permanent Central Board and the Drug Supervisory Board.
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