roadmaps to reforming the un drug conventions - Beckley Foundation

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4.9 Article 21 – manufacture and import limitsLimitation of Manufacture and ImportationArticle 21 [Existing text]1. The total of the quantities of each drug manufactured and imported by any country orterritory in any one year shall not exceed the sum of the following:a) The quantity consumed, within the limit of the relevant estimate, for medical andscientific purposes;b) The quantity used, within the limit of the relevant estimate, for the manufacture ofother drugs, of preparations in Schedule III, and of substances not covered by theConvention;c) The quantity exported;d) The quantity added to the stock for the purpose of bringing that stock up to the levelspecified in the relevant estimate; ande) The quantity acquired within the limit of the relevant estimate for special purposes.2. From the sum of the quantities seized in paragraph 1 there shall be deducted anyquantity that has been seized and released for licit use, as well as any quantity takenfrom special stocks for the requirements of the civilian population3. If the Board finds that the quantity manufactured and imported in any one yearexceeds the sum of the quantities specified in paragraph 1, less any deductions requiredunder paragraph 2 of this article, any excess so established and remaining at the end ofthe year shall, in the following year, be deducted from the quantity to be manufacturedand imported and from the total of the estimates as defined in paragraph 2 of article 19.4. a) If it appears from the statistical returns on imports or exports (article 20) that thequantity exported to any country or territory exceeds the total of the estimates for thatcountry or territory, as defined in paragraph 2 of article 19, with the addition of theamounts shown to have been exported, and after deduction of any excess as establishedin paragraph 3 of this article, the Board may notify this fact to States which, in theopinion of the Board, should be so informed;b) On receipt of such a notification, Parties shall not during the year in questionauthorise any further exports of the drug concerned to that country or territory, except:i. In the event of a supplementary estimate being furnished for that country orterritory in respect both of any quantity over imported and of the additionalquantity required, orii. In exceptional cases where the export, in the opinion of the Government of theexporting country, is essential for the treatment of the sick.107
4.9.1 General comments on Article 21Article 21 of the 1961 Convention imposes limits on the quantities of drugs which maybe manufactured and imported by each country and territory of Parties to theConvention. Paragraphs 1 and 2 of Article 21 of the 1961 Convention require Parties toensure that quantities of drugs manufactured and imported by any country or territoryin a given year do not exceed the quantities of drugs that have been consumed formedical and scientific purposes, utilised for the manufacture of other drugs,uncontrolled substances and Schedule III preparations, exported, added to the stock andacquired for special purposes. Article 21 does not impose such limits on production ofdrugs; therefore, the limits in Article 21 apply only to import of those drugs that areobtained by production rather than manufacture, i.e. opium, coca leaves, cannabis andcannabis resin. However, in relation to opium only, Article 21 bis requires production tobe organised and controlled so that the annual quantity of opium produced by a countryor territory does not exceed that country’s or territory’s (approximate) estimate of opiumproduction. Article 24 also imposes a general requirement for Parties not to contribute toglobal overproduction of opium. 133The 1961 Commentary does not explain specifically why Article 21 does not imposegeneral limits on production of drugs, as it does for manufacture and import. However,the Commentary notes in relation to Article 23 (requiring governmental control ofcultivation and trade in opium) that countries which permit cultivation of the plantsfrom which opium, coca leaves and cannabis are obtained cannot control with sufficientprecision the quantities harvested by individual producers, or ascertain with sufficientprecision the quantities which would enter controlled trade. In contrast, theCommentary notes that Governments can control the quantities, and movement, ofdrugs which enter legal markets through importation and manufacture. 134 TheCommentary explains that this is the reason that the 1961 Convention does not allowprivate traders to purchase, or engage in wholesale or international trade in, cultivatedplants, and instead requires this to be undertaken by government authorities. 135 TheCommentary on the 1972 Protocol also notes that Article 19(1)(f) only requires that133Article 24 requires Parties to take into account the ‘prevailing world need for opium’ in accordancewith the estimates so as to not contribute to global overproduction of opium, and to not permit theinitiation of, or an increase in existing, production of opium if it believes this may result in illicittraffic in opium. It also requires Parties to seek approval from the INCB to initiate production ofopium for export (not exceeding 5 tons annually), or to increase production for export above five tonsannually. In addition, article 22(1) provides that a Party must prohibit cultivation of opium poppy,coca bush or coca plant if the Party judges this to be the most suitable measure, given the prevailingconditions, for preventing the diversion of drugs into illicit traffic.1341961 Commentary, p. 278.1351961 Commentary, p. 278.108
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ROADMAPS TO REFORMINGTHE UN DRUG CO
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ContentsPreface ...................
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PrefaceTHE IDEA FOR this Report cam
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PART I. POSSIBLE ROADMAPS
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hope for serious progress, but we c
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We do not underestimate the difficu
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also imposes requirements concernin
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domestic market, just as producers
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Protocol strengthened some provisio
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ut considerably less potency than s
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has announced its intention to reac
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objected to. Concerning the 1971 tr
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Table 2. Summary of reservations to
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Reservations about traditional use
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As Swaine notes, ‘the Vienna Conv
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unhappy about a country implementin
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Preemption by a new ‘single conve
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and their effort was rejected by a
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national or subnational level. Proh
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Chapter 5. Proposed treaty amendmen
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Article 1. DefinitionsExcept where
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Article 36 - penal provisionsIn Art
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Article 7. Special Provisions regar
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and to ensure adequate supplies of
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Article 1 − definition of ‘cons
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Article 19 - estimates of drug requ
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Article 21. Limitation of Manufactu
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contrary to a law or regulation ado
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1. in subparagraph (a):a) after ‘
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) for ‘in accordance with paragra
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include a number of general stateme
Page 66 and 67: the legality of drug possession. A
Page 68 and 69: Chapter 7. Conforming the 1961 Conv
Page 70 and 71: solely by Article 30, which require
Page 72 and 73: on trade activities referred to in
Page 74 and 75: (c) Require that licensed manufactu
Page 76 and 77: issued in the form of counterfoil b
Page 78: APPENDIXDETAILED COMMENTARY ON AMEN
Page 81 and 82: Articles 21-34 of the Convention im
Page 83 and 84: dispatch, transport, supply, purcha
Page 85 and 86: actions involving commercial quanti
Page 87 and 88: In the 1971 Convention the followin
Page 89 and 90: 4.1.3 Option 2 - changes to Preambl
Page 91 and 92: separate estimates and statistical
Page 93 and 94: After ‘scientific research’, in
Page 95 and 96: would also include transforming a d
Page 97 and 98: (c) subject to the provisions of th
Page 99 and 100: endangered’ by a Party’s failur
Page 101 and 102: Article 9. Composition and Function
Page 103 and 104: 2. The Board shall, in respect of c
Page 105 and 106: for the right of the INCB to establ
Page 107 and 108: ) Subject to the deductions referre
Page 109 and 110: excess quantity must be deducted fr
Page 111 and 112: prohibition in Article 31(1)(b) aga
Page 113 and 114: 4.8 Article 20 - statistical return
Page 115: separate returns would be required
Page 119 and 120: distributors), and any quantity tak
Page 121 and 122: a) The quantity consumed, within th
Page 123 and 124: Article 21 bis. Limitation of Produ
Page 125 and 126: to engage in cultivation; and culti
Page 127 and 128: the purposes of Option 2. However,
Page 129 and 130: in Article 29 to manufacture of mor
Page 131 and 132: ) (i) Require medical prescriptions
Page 133 and 134: 4.15 Article 31(1) - international
Page 135 and 136: commercial use. Export to a state o
Page 137 and 138: would automatically mean that posse
Page 139 and 140: preparatory acts, conspiracy and at
Page 141 and 142: offering for sale, distribution, 17
Page 143 and 144: Article 36. Penal Provisions1. a) S
Page 145 and 146: Article 36. Penal Provisions1. a) S
Page 147 and 148: Conference would have intended to a
Page 149 and 150: drugs (in more than small quantitie
Page 151 and 152: substances into its country or one
Page 153 and 154: apply to Schedule 1 substances. In
Page 155 and 156: substances (of more than a small qu
Page 157 and 158: 1. The Parties shall require that t
Page 159 and 160: individuals may lawfully obtain, us
Page 161 and 162: 4. The Parties shall furnish to the
Page 163 and 164: 2. In subparagraph (b):a) after ‘
Page 165 and 166: obligations on Parties in respect o
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penalise preparatory acts in connec
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accordance with subparagraph (a) of
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Article 3(1)(c)(iii) warrants speci
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6.1.2. Option 1 - changes to the 19
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uncertainty. Accordingly, Article 3
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Consequently, Parties would also no
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…4. d) The Parties may provide, e
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