Why haven’t these treaty obligations been an issue for Canada then?
Why haven’t these treaty obligations been an issue for Canada then?
@jfberke A. Another country violating their treaty obligations does not mean that our country should do that when they have the effect of domestic law. B. INCB has repeatedly warned Canada about what they’ve done.
@LukeNiforatos Yes, but Canada legalized nearly six years ago and nothing has changed. Seems like a convenient political excuse to push back on reform that some politicians don’t want, versus a real issue.
@jfberke You can obfuscate with politics/spin all you want, but we have laws and obligations, and the DEA has to consider these things and we know that they are. What Canada gets away with is really not a part of this process at all.
@LukeNiforatos Yes I’m doing the obfuscating by pointing out a very simple fact that absolutely has bearing on the issue. If it hasn’t been an issue for two G7 economies, it probably won’t be for a third.
@jfberke Them doing it anyway /= hasn’t been an issue
@LukeNiforatos Explain then. Because it it’s HUGE, as you say, then the consequences should be quite obvious.
@jfberke I already explained. The DEA isn’t looking at your political argument. They’re making a policy decision within the laws and the constitution of this country which do reference what you think Canada is getting away with. End of story.
@LukeNiforatos It’s a weak policy argument, and I haven’t made a political argument. It’s a decades-old treaty with no real enforcement mechanism that two of the US’s biggest allies have already broken without consequence. There isn’t much more to it than that.
@jfberke @LukeNiforatos Unfortunately it is not weak because legislators hard coded compliance with treaty obligations into the CSA (see 811(d)(1)). See "Preliminary Note Regarding Treaty Considerations" from 2016 / Obama's DEA for details federalregister.gov/documents/2016…
@jfberke @LukeNiforatos There are arguments that placement on Schedule III could satisfy both treaty obligations and the AG's obligation under domestic law to comply with the treaty. But there doesn't appear to be a path to descheduling without action by Congress/UN or US courts marijuanamoment.net/moving-marijua…