roadmaps to reforming the un drug conventions - Beckley Foundation

If the new Article 3 bis were to apply to Article 30(2)(b)(i), its effect would be that noncommercialsupply or dispensation of small quantities of drugs to individuals would beexempt from the medical prescription requirement, whether for medical or non-medicaluse. Thus, the application of the medical prescription requirement would hinge on thequantity of drugs being supplied and whether the drugs were being sold or supplied forfree. It is submitted that, irrespective of these matters, dispensation of drugs by medicalprescription is an important safeguard for medical use of drugs, as it helps to ensure thesuitability and safety of drugs in respect of a person’s medical condition. It is suggested,therefore, that the most suitable basis for application of the medical prescriptionrequirement is whether drugs are supplied or dispensed for medical use, and that thequantity of drugs and/or commerciality of the supply should not be determinative.To achieve this outcome, Article 30(2)(b) would need to be exempted from the newArticle 3 bis (as proposed above) so that Article 30(2)(b) would continue to apply tosupply or dispensation of small quantities of drugs for other than commercial purposes.In addition, Article 30(2)(b)(i) should be amended directly to make it clear that themedical prescription requirement applies only in relation to medical use of drugs.4.14.3 Option 2 – changes to Article 30(2)(b)(i)As under Option 1, the medical prescription requirement should apply in relation to anysupply of drugs for medical use for the purposes of Option 2. For the same reasons asdiscussed above in relation to Option 1, Article 30(2)(b)(i) should be amended directly tomake it clear that the medical prescription requirement would apply only in relation tomedical use of drugs. In addition, Article 30(2)(b) should be exempted from the newArticle 3 bis (as proposed above) so that medical prescriptions would continue to berequired under Article 30(2)(b) for any supply or dispensation of drugs for medicalpurposes, irrespective of the quantity of drugs or whether the supply or dispensationwere commercial.4.14.4 Options 1 and 2 – amendment of Article 30(2)(b)(i)After ‘dispensation of drugs to individuals’, insert ‘for medical use’.2. The Parties shall also:…Article 30. Trade and Distributionb) (i) Require medical prescriptions for the supply, or dispensation of drugs toindividuals for medical use. This requirement need not apply to such drugs asindividuals may lawfully obtain, use, dispense or administer in connexion withtheir duly authorised therapeutic functions;123