The Recreational Marihuana in the states of Colorado and Washington and the Inability of the U.s. Government to Enforce Federal Laws and Drug Conventions within Their Country

Abstract

This essay studies the recreational marihuana policies of Colorado and Washington State and the constitutional conflicts between federal and state powers that make it very difficult for the federal government to enforce its drug laws and the international conventions on the states. The essay summarizes the development of the International Drug Control Regime (IDCR) and the relevant Supreme Court decisions. It concludes that the U.S. has been the main force behind the ICDR that has been an instrument of its international policy but not of its domestic drug policies and that the Colorado and Washington State policies undermine the IDCR and will force changes in U.S. international drug policies.