roadmaps to reforming the un drug conventions - Beckley Foundation

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currently be allowed to permit small-scale cultivation of these plants for the productionof drugs for personal use, unless they applied the control measures to the cultivation. Inpractice, it is likely that this would have the effect of preventing Parties from permittingsmall-scale cultivation (as applying the control measures to such cultivation is likely tobe impracticable). Therefore, for the purposes of Option 1, Articles 22, 23, 26 and 28would need to be amended, or changed in effect, to limit their application to cultivationof these plants for commercial purposes (i.e. with the intention to sell drugs producedfrom the plants or to otherwise receive pecuniary benefit).The addition of the proposed new provision to the Convention would limit theapplication of Articles 22, 23, 26 and 28 in this way, without any need for directamendment of these articles, as the new provision would remove non-commercialcultivation of small quantities of opium poppy, coca bush or cannabis plant from thescope of the Convention.In relation to Parties’ obligation to prevent ‘misuse’ of cannabis leaves in Article 28(3),any ambiguity in meaning would be removed by the addition of the new Article 3 bis,which would remove any non-commercial use of small quantities of cannabis leavesfrom the meaning of ‘misuse’. Therefore, Parties’ obligations would be limited toadopting necessary measures to prevent the use of any quantity of cannabis leaves toproduce cannabis extracts for non-medical or non-scientific commercial purposes (i.e.for sale). Parties are obliged to make this a punishable offence in any case under Article36, which requires Parties to make ‘production’ and ‘extraction’ of drugs contrary to theprovisions of the convention punishable offences when committed intentionally.(‘Production’ is defined in Article 1(t) as ‘the separation of opium, coca leaves, cannabisand cannabis resin from the plants from which they are obtained’. Extraction is notdefined but would clearly include extracting cannabis resin and other extracts fromcannabis leaves.) Article 4(c) also requires Parties to limit production of drugs to medicaland scientific purposes. Therefore, there may not be any need to retain the reference to‘misuse’ in Article 28(3) following the addition of the new Article 3 bis.4.11.3 Option 2 – changes to Articles 22, 23, 26 and 28Under Option 2, Parties would be allowed to permit cultivation of opium poppy, cocabush or cannabis plant for non-medical or non-scientific personal use, or for supply tothe non-medical or non-scientific market. Parties would be required to apply the controlmeasures in Articles 22, 23, 26 or 28 to cultivation of these plants for commercial useand/or where the cultivation is of more than small quantities. However, for the samereasons as under Option 1, it is proposed that the control measures should not apply inrelation to cultivation of small quantities of these plants for non-commercial personaluse.The control measures in Articles 22, 23, 26 and 28 are not expressly limited to cultivationof opium poppy, coca bush or cannabis plant for medical or scientific purposes.Therefore, there would be no need to directly amend these provisions to extend theirapplication to cultivation of these plants for non-medical or non-scientific purposes for117
the purposes of Option 2. However, to ensure that cultivation of small amounts of theplants for non-commercial personal use would be exempt from these provisions, it isproposed, as under Option 1, that the new Article 3 bis should be added to the 1961Convention to exempt non-commercial actions involving small quantities of drugs fromthe provisions of those Conventions, and that the proposed definition of ‘noncommercialpurpose’ be added as Article 1(1)(o) bis of the 1961 Convention. This isdiscussed above in sections 2 and 3.4.12 Article 29 – licensing of drugs manufactureManufactureArticle 29 [Existing text]1. The Parties shall require that the manufacture of drugs be under licence except wheresuch manufacture is carried out by a State enterprise or State enterprises.2. The Parties shall:a) Control all persons and enterprises carrying on or engaged in the manufacture ofdrugs;b) Control under licence the establishments and premises in which such manufacturemay take place; anc) Require that licensed manufacturers of drugs obtain periodical permits specifying thekinds and amounts of drugs which they shall be entitled to manufacture. A periodicalpermit, however, need not be required for preparations.3. The Parties shall prevent the accumulation, in the possession of drug manufacturers,of quantities of drugs and poppy straw in excess of those required for the normalconduct of business, having regard to the prevailing market conditions.4.12.1 General comments on Article 29Under Article 29, Parties must control under licence all manufacture of drugs (exceptwhere carried out by a state enterprise), and all establishments and premises in whichsuch manufacture occurs, and must also control generally all persons and enterprisesengaged in such manufacture. ‘Manufacture’ means ‘all processes, other thanproduction, by which drugs may be obtained and includes refining as well as thetransformation of other drugs’. 153 Although this definition only refers to themanufacture of ‘drugs’ (defined in Article 1(1)(j) as any substance in Schedule 1 and II of153Article 1(1)(n) of the 1961 Convention.118
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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
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(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 and 124: Article 21 bis. Limitation of Produ
Page 125: to engage in cultivation; and culti
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
Page 175 and 176: 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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