roadmaps to reforming the un drug conventions - Beckley Foundation

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