roadmaps to reforming the un drug conventions - Beckley Foundation

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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
4.15 Article 31(1) – international tradeArticle 31 [Existing text]Special Provisions Relating to International Trade1. The Parties shall not knowingly permit the export of drugs to any country or territoryexcept:a) In accordance with the laws and regulations of that country or territory; andb) Within the limits of the total of the estimates for that country or territory, as definedin paragraph 2 of article 19, with the addition of the amounts intended to be re-exported.2. The Parties shall exercise in free ports and zones the same supervision and control asin other parts of their territories, provided, however, that they may apply more drasticmeasures.3. The Parties shall:a) Control under licence the import and export of drugs except where such import orexport is carried out by a State enterprise or enterprises;b) Control all persons and enterprises carrying on or engaged in such import or export.4. a) Every Party permitting the import or export of drugs shall require a separateimport or export authorisation to be obtained for each such import or export whether itconsists of one or more drugs.b) Such authorisation shall state the name of the drug, the international non-proprietaryname if any, the quantity to be imported or exported, and the name and address of theimporter and exporter, and shall specify the period within which the importation orexportation must be effected.c) The export authorisation shall also state the number and date of the import certificate(paragraph 5) and the authority by whom it has been issued.d) The import authorisation may allow an importation in more than one consignment.5. Before issuing an export authorisation the Parties shall require an import certificate,issued by the competent authorities of the importing country or territory and certifyingthat the importation of the drug or drugs referred to therein, is approved and suchcertificate shall be produced by the person or establishment applying for the exportauthorisation. The Parties shall follow as closely as may be practicable the form ofimport certificate approved by the Commission.124
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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
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issued in the form of counterfoil b
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APPENDIXDETAILED COMMENTARY ON AMEN
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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: ) (i) Require medical prescriptions
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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