roadmaps to reforming the un drug conventions - Beckley Foundation

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note for the moment that there are still relatively few analyses from recent times withthis broader international perspective. 10Even confining our attention to the substances currently under international control, aswe do elsewhere in this book, work on developing alternative futures at theinternational level has been relatively limited. An appendix to a ‘blueprint forregulation’ published by Transform Drug Policy Foundation discusses ‘options forreforming the UN drug control system’, but only in general terms. 11 Similarly, a book on‘latitude’ and ‘possibilities for reform’ in the drug treaties considers only the proceduresfor amendment and reservations to the treaties, but does not venture into laying outhow substantive changes might read. 12 In a recent work on Cannabis Policy, a teamincluding the first author of this book went into more detail, laying out a DraftFramework Convention on Cannabis Control, modeled on the WHO FrameworkConvention on Tobacco Control 13 with respect to provisions concerning domestic lawsand markets, but keeping the 1961 Convention’s provisions in place with respect totrade and international dealings concerning cannabis. 14 However, the proposed treatydid not deal with any other drugs.The basic purpose of the present book, then, is to contribute ideas and concrete languageconcerning alternatives to the present international drug control system, and to discussthe possible means by which such changes could be made. The options we lay out aim topreserve important aspects of the current system. These include placing limits oncommercial markets in psychoactive substances with the aim of limiting harms fromthem; ensuring supply of pain relief and other psychoactive medications; and keepingthe principle of international comity, where signatory nations do not undercut andindeed act to support each others’ control regimes, whether they are regulatory orprohibitory. In addition, the options aim to move beyond the current system in severalways. These include increasing the autonomy and flexibility of nations in their domesticarrangements concerning the substance; in the case of the second option, enabling thecreation of domestic regulated markets in one or more substances; and more generallyenabling more humane and effective responses to the needs of individual drug users.10See, for example: pp. 360−398 in: Braithwaite, J. & Drahos, P., Global Business Regulation. Cambridge,etc.: Cambridge University Press, 2000; and Room, R., ‘International control of alcohol: alternativepaths forward‘, Drug and Alcohol Review 25:581−95, 2006.11Rolles, S., After the War on Drugs: Blueprint for Regulation. Bristol, UK: Transform Drug PolicyFoundation, 2009.12De Ruyver, B., Vermeulen, G., Vander Beken, T., Vender Laenen, F & Geenens, K. MultidisciplinaryDrug Policies and the UN Drug Treaties. Antwerp & Apeldoorn: Maklu, 2002.13WHO (2003) WHO Framework Convention on Tobacco Control. Geneva: WHO, 2003.http://www.who.int/tobacco/framework/WHO_FCTC_english.pdf (accessed 21 August, 2011).14Room, R., Fischer, B., Hall, W., Lenton, S. & Reuter, P., Cannabis Policy: Moving beyond Stalemate, pp.159−91. Oxford: Beckley Foundation Press and Oxford University Press, 2010.3
We do not underestimate the difficulties involved in bringing what we propose toactuality, for instance by enacting the changes in treaty language that we propose. Butchange is not likely without a vision of what the new dispensation would be. So in thecore of this book we offer concrete ideas and detailed language about what relativelylimited changes in the international drug regime could look like. In Chapter 4, we alsooffer some ideas and principles for discussion concerning what the shape of a morethoroughgoing change might be.At the end of his 2001 monograph on Penal Aspects of the UN Drug Conventions, Boisterconcludes that the ‘pressing question [is] how to reform the international war ondrugs…. What is needed is an expansion of the options and a concretisation of thatexpansion in international law in order to open international society’s mind aboutdrugs’. 15 The aim of this book is to do just that.15Boister, N., Penal Aspects of the UN Drug Conventions. The Hague/London/Boston: Kluwer LawInternational, 2001, pp. 547–548.4
Page 2 and 3: ROADMAPS TO REFORMINGTHE UN DRUG CO
Page 4 and 5: ContentsPreface ...................
Page 6 and 7: PrefaceTHE IDEA FOR this Report cam
Page 8: PART I. POSSIBLE ROADMAPS
Page 11: hope for serious progress, but we c
Page 15 and 16: also imposes requirements concernin
Page 17 and 18: domestic market, just as producers
Page 19 and 20: Protocol strengthened some provisio
Page 21 and 22: ut considerably less potency than s
Page 23 and 24: has announced its intention to reac
Page 25 and 26: objected to. Concerning the 1971 tr
Page 27 and 28: Table 2. Summary of reservations to
Page 29 and 30: Reservations about traditional use
Page 31 and 32: As Swaine notes, ‘the Vienna Conv
Page 33 and 34: unhappy about a country implementin
Page 35 and 36: Preemption by a new ‘single conve
Page 37 and 38: and their effort was rejected by a
Page 39 and 40: national or subnational level. Proh
Page 42 and 43: Chapter 5. Proposed treaty amendmen
Page 44 and 45: Article 1. DefinitionsExcept where
Page 46 and 47: Article 36 - penal provisionsIn Art
Page 48 and 49: Article 7. Special Provisions regar
Page 50 and 51: and to ensure adequate supplies of
Page 52 and 53: Article 1 − definition of ‘cons
Page 54 and 55: Article 19 - estimates of drug requ
Page 56 and 57: Article 21. Limitation of Manufactu
Page 58 and 59: contrary to a law or regulation ado
Page 60 and 61: 1. in subparagraph (a):a) after ‘
Page 62 and 63:
) for ‘in accordance with paragra
Page 64 and 65:
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 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 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
Page 173 and 174:
6.1.2. Option 1 - changes to the 19
Page 175 and 176:
uncertainty. Accordingly, Article 3
Page 177 and 178:
Consequently, Parties would also no
Page 179:
…4. d) The Parties may provide, e
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