Uh…. I was talking about trade, right?

While trade is the subject of the day, it’s worth pointing out that Tim Wu has a provocative story in Slate on an intriguing mechanism through which the United States could be forced to legalize marijuana: the World Trade Organization: [T]he strange status of marijuana may also bring down the scrutiny of a different entity ...

By , a professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University and co-host of the Space the Nation podcast.

While trade is the subject of the day, it's worth pointing out that Tim Wu has a provocative story in Slate on an intriguing mechanism through which the United States could be forced to legalize marijuana: the World Trade Organization:

While trade is the subject of the day, it’s worth pointing out that Tim Wu has a provocative story in Slate on an intriguing mechanism through which the United States could be forced to legalize marijuana: the World Trade Organization:

[T]he strange status of marijuana may also bring down the scrutiny of a different entity altogether: the World Trade Organization and its powerful condemnation of inconsistent national laws. The American ban on marijuana is what the WTO calls “a barrier to trade,” raising the question: Can U.S. marijuana policy survive the tough scrutiny of world trade law? WTO scrutiny of American drug laws may sound far-fetched, but then until recently so did WTO scrutiny of U.S. gambling or tax laws. U.S. gambling laws, like drug laws, are erratic: Online casinos are strictly prosecuted, but state lotteries and Las Vegas are tolerated. Citing such inconsistency, last November the WTO declared American gambling enforcement an “illegal barrier to trade in services.” The fate of these gambling laws may be a guide to the future of American marijuana laws.

Read the whole thing — the analysis is not completely far-fetched. Wu’s biggest reach is his claim that “it may just be a matter of time” before another country will request a WTO panel. Yes, some countries have legalized marijuana, but I find it hard to conceive of a country pushing for the ability to export any narcotic that retains a moral stigma across the globe. A lot more countries would need to legalize Mr. Jay before this happens. UPDATE: Jacob Levy emerges from seclusion to point out a more serious flaw in Wu’s reasoning.

Daniel W. Drezner is a professor of international politics at the Fletcher School of Law and Diplomacy at Tufts University and co-host of the Space the Nation podcast. Twitter: @dandrezner

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