roadmaps to reforming the un drug conventions - Beckley Foundation

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1. The production of opium by any country or territory shall be organised and controlledin such manner as to ensure that, as far as possible, the quantity produced in any oneyear shall not exceed the estimate of opium to be produced as established underparagraph 1(f) of article 19.4.10.1 General comments on Article 21 bis (1)Article 21 bis (1) was inserted in the 1961 Convention by the 1972 Protocol. It requires theproduction of opium to be organised and controlled so that, as far as possible, the annualquantity of opium produced by a country or territory does not exceed its estimate ofopium production under Article 19(1)(f). The Commentary on the 1972 Protocol notesthat a draft of Article 21 bis (1) was amended to include the words ‘as far as possible’ inrecognition of the fact that advance estimates of the yield of opium produced fromharvests are inexact. 1464.10.2 Option 2 – changes to Article 21 bis (1)Currently, the estimate of opium production required under paragraph (1)(f) of Article19 is of the quantity of opium to be produced for medical or scientific purposes only, asproduction for other than medical or scientific purposes may not be permitted underArticle 4(c). Under Option 2, production of opium for non-medical non-scientificpurposes would be permitted, and thus opium production limits would need to bebased on total estimates of production for medical and scientific purposes, and nonmedicaland non-scientific purposes. As discussed above, it is proposed under Option 2that Article 19(1) should be amended so that Parties would be required to furnishseparate estimates of opium production for medical and scientific purposes, and fornon-medical and non-scientific purposes. The proposed changes would mean thatparagraph (1)(f) of Article 19 would only refer to a Party’s estimate of the quantity ofopium to be produced for medical and scientific purposes, and the requirement forParties to furnish estimates of opium production for non-medical and non-scientificpurposes would be contained in a new paragraph (1)(l). Therefore, Article 21 bis (1)would need to be amended to refer to the sum of the estimates established underparagraphs (1)(f) and (1)(l) of Article 19.4.10.3 Option 2 – amendment of Article 21 bis (1)In Article 21 bis (1):1. after ‘exceed the’, insert ‘sum of the’2. for ‘estimate’, substitute ‘estimates’.146United Nations. Commentary on the Protocol Amending the Single Convention on Narcotic Drugs,1961, New York: United Nations, 1976, p. 58.113
Article 21 bis. Limitation of Production of Opium1. The production of opium by any country or territory shall be organised and controlledin such manner as to ensure that, as far as possible, the quantity produced in any oneyear shall not exceed the sum of the estimate estimates of opium to be produced asestablished under paragraph 1(f) of article 19.4.11 Articles 22, 23, 26 and 28 – opium poppy, coca bush and cannabis cultivationSpecial Provision Applicable to CultivationArticle 22 [Existing text]1. Whenever the prevailing conditions in the country or territory of a Party render theprohibition of the cultivation of the opium poppy, the coca bush or the cannabis plantthe most suitable measure, in its opinion, for protecting the public health and welfareand preventing the diversion of drugs into the illicit traffic, the party concerned shallprohibit cultivation.2. A Party prohibiting cultivation of the opium poppy or the cannabis plant shall takeappropriate measures to seize any plants illicitly cultivated and to destroy them, exceptfor small quantities required by the Party for scientific or research purposes.National Opium AgenciesArticle 23 [Existing text]1. A Party that permits the cultivation of the opium poppy for the production of opiumshall establish, if it has not already done so, and maintain, one or more governmentalagencies (hereafter in this article referred to as the Agency) to carry out the functionsrequired under this article.2. Each such Party shall apply the following provisions to the cultivation of the opiumpoppy for the production of opium and to opium:a) The Agency shall designate the areas in which, and the plots of land on which,cultivation of the opium poppy for the purpose of producing opium shall be permitted.b) Only cultivators licensed by the Agency shall be authorised to engage in suchcultivation.c) Each licence shall specify the extent of the land on which cultivation is permitted.d) All cultivators of the opium poppy shall be required to deliver their total crops ofopium to the Agency. The Agency shall purchase and take physical possession of suchcrops as soon as possible, but no later than four months after the end of the harvest.114
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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
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the legality of drug possession. A
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Chapter 7. Conforming the 1961 Conv
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solely by Article 30, which require
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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 and 116: separate returns would be required
Page 117 and 118: 4.9.1 General comments on Article 2
Page 119 and 120: distributors), and any quantity tak
Page 121: a) The quantity consumed, within th
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
Page 167 and 168: penalise preparatory acts in connec
Page 169 and 170: accordance with subparagraph (a) of
Page 171 and 172: 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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