roadmaps to reforming the un drug conventions - Beckley Foundation

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e) The Agency shall, in respect of opium, have the exclusive right of importing,exporting, wholesale trading and maintaining stocks other than those held bymanufacturers of opium alkaloids, medicinal opium or opium preparations. Parties neednot extend this exclusive right to medicinal opium and opium preparations.The Coca Bush and Coca LeavesArticle 26 [Existing text]1. If a party permits the cultivation of the coca bush, it shall apply thereto and to cocaleaves the system of controls as provided in article 23 respecting the control of theopium poppy, but as regards paragraph 2 d) of that article, the requirements imposed onthe Agency therein shall only be to take physical possession of the crops as soon aspossible after the end of the harvest.Control of CannabisArticle 28 [Existing text]1. If a Party permits the cultivation of the cannabis plant for the production of cannabisor cannabis resin, it shall apply thereto the system of controls as provided in article 23respecting the control of the opium poppy.2. This Convention shall not apply to the cultivation of the cannabis plant exclusively forindustrial purposes (fibre and seed) or horticultural purposes.3. The Parties shall adopt such measures as may be necessary to prevent the misuse of,and illicit traffic in, the leaves of the cannabis plant.4.11.1 General comments on Articles 22, 23, 26 and 28Under Article 22 of the 1961 Convention, Parties are only required to prohibit cultivationof opium poppy, the coca bush or the cannabis plant if ‘the prevailing conditions in thecountry or a territory of a Party render the prohibition of [such cultivation] the mostsuitable measure, in its opinion, for protecting the public health and welfare andpreventing the diversion of drugs into the illicit traffic’. ‘Cultivation’ is defined in Article1 as cultivation of the opium poppy, coca bush or cannabis plant.However, if Parties decide to permit cultivation of opium poppy, cultivation of cocabush, or cultivation of cannabis (other than for industrial purposes), they must apply thecontrol measures required in Articles 23, 26 and 28 (respectively) to such cultivation.They must establish a government agency, which must designate the areas of land onwhich cultivation of the plants is permitted; only licensed cultivators may be authorised115
to engage in cultivation; and cultivators must deliver crops of the plants to thegovernment agency after they are harvested. The government agency must maintain amonopoly of wholesale and international trade in the drugs produced.For example, cultivation of opium poppy for medical purposes is permitted in Tasmaniain accordance with Article 23 of the Convention. The Tasmanian poppy industry, whichsupplies about half of the world’s medicinal opiate market, 147 is controlled by the PoppyAdvisory and Control Board, a government agency established under the Poisons Act1971 (Tas). 148 The Board’s functions include to determine estimates of opium production,to ensure the security of Tasmania’s opium crops, and to facilitate the destruction ofopium poppy grown other than under a licence. 149 Licences to grow opium poppy areissued by the Minister for Health and Human Services, and are subject to a number ofconditions, including that the licensee must take steps within 7 days after harvestingeach crop to ensure that any remaining poppy material is destroyed, must destroy anyregrowth from previous harvests, and must allow authorised persons to inspect theopium poppy crops at any time. 150 Under the Poisons Act 1971 (Tas), cultivation of opiumpoppy other than under a licence, and in accordance with the conditions of that licence,is an offence. 151In relation to cultivation of cannabis, paragraph 3 of Article 28 additionally requiresParties to adopt necessary measures to prevent the ‘misuse’ of the leaves of the cannabisplant, as well as illicit traffic in the leaves. ’Misuse‘ and ’illicit traffic‘ in this context arenot defined. The 1961 Commentary takes the position that “illicit traffic” is not used herein the sense defined in the Convention’s Article 1; instead, the Commentary proposesthat it ’is trade in the leaves, contrary to domestic legal provisions intended to combattheir misuse, or to foreign laws governing their trade’. 152 Other comments later on thesame page in the Commentary clearly recognise that nonmedical consumption of theleaves is not forbidden by Article 28(3). Given the definitions relating to cannabis inArticle 1 (b), (c) and (d), illicit traffic here could be seen as referring to the extraction ofcannabis resin for purposes forbidden by the Convention.4.11.2 Option 1 – changes to Articles 22, 23, 26 and 28Essentially the only two options open to Parties in relation to cultivation of opiumpoppy, coca bush or cannabis plant are (a) to prohibit cultivation altogether; or (b) topermit cultivation subject to these control measures. This means that Parties would not147Tasmanian Government Department of Justice website, Poppy Advisory & Control Board,http://www.justice.tas.gov.au/poppy, accessed 24 January 2011.148Poisons Act 1971 (Tas), section 59H.149Poisons Act 1971 (Tas), section 59I.150Tasmanian Government Department of Justice website, Poppy Advisory & Control Board,http://www.justice.tas.gov.au/poppy, accessed 24 January 2011.151Poisons Act 1971 (Tas), section 52.1521961 Commentary, p. 315.116
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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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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 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 and 122: a) The quantity consumed, within th
Page 123: Article 21 bis. Limitation of Produ
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
Page 173 and 174: 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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