Constitutional Issues
Several of the Convention's provisions are prefaced with the words, "Subject to its constitutional principles and the basic concepts of its legal system, each Party shall ..." According to Fazey, "This has been used by the USA not to implement part of article 3 of the 1988 Convention, which prevents inciting others to use narcotic or psychotropic drugs, on the basis that this would be in contravention of their constitutional amendment guaranteeing freedom of speech." Similarly, if a national prohibition on drug possession violated a nation's constitution, those provisions would not be binding on that country.
Read more about this topic: United Nations Convention Against Illicit Traffic In Narcotic Drugs And Psychotropic Substances
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