roadmaps to reforming the un drug conventions - Beckley Foundation

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Convention (Articles 23, 24, 26, 28-31) dealing with cultivation, production,manufacture, distribution, trade and/or import or export.However, this is not entirely clear, and in any case, there does not appear to be any needfor these additional actions to be specifically listed in Article 36(1). If these actions wereundertaken as steps in, part of, or preparation for, cultivation, production, manufacture,distribution, trade and/or import or export contrary to laws/regulations that must beadopted under the Convention, Parties would be required to penalise the actions in anycase – either because they directly constitute taking part in one or more of the relevantactivities, or because they constitute intentional participation or preparatory acts inconnection with such activities. Under Article 36(2)(ii) of the Convention, intentionalparticipation, conspiracy and attempts to commit, and preparatory acts for any of theoffences described in Article 36(1) must also be made punishable offences.To avoid any uncertainty that may arise from the listing of these additional actions inArticle 36(1), but to ensure Parties would still be required to make any action that iscontrary to laws or regulations that Parties must adopt under the Convention apunishable offence, it is proposed that the approach in Article 22 of the 1971 Convention(discussed in detail below) should be followed, and that the specific actions listed inArticle 36(1) should be replaced with a general reference to any action contrary to a lawor regulation adopted in pursuance of a Party’s obligations under the Convention.4.17.5. Option 2 – amendment of Article 36(1)The following amendment should be made to Article 36(1).In Article 36(1)(a):1. after ‘each Party shall’:a) delete ‘adopt such measures as will ensure that cultivation, production,manufacture, extraction, preparation, possession, offering, offering for sale,distribution, purchase, sale, delivery on any terms whatsoever, brokerage,dispatch, dispatch in transit, transport, importation and exportation of drugscontrary to the provisions of this Convention, and any other action which in theopinion of such Party may be contrary to the provisions of this Convention, shallbe’b) insert ‘treat as a’2. for ‘offences’, substitute ‘offence’3. after ‘when committed intentionally,’, insert ‘any action contrary to a law orregulation adopted in pursuance of its obligations under this Convention’4. after ‘obligations under this Convention, and’, insert ‘shall ensure’.135
Article 36. Penal Provisions1. a) Subject to its constitutional limitations, each Party shall adopt such measures as willensure that cultivation, production, manufacture, extraction, preparation, possession,offering, offering for sale, distribution, purchase, sale, delivery on any termswhatsoever, brokerage, dispatch, dispatch in transit, transport, importation andexportation of drugs contrary to the provisions of this Convention, and any other actionwhich in the opinion of such Party may be contrary to the provisions of this Convention,shall be treat as a punishable offences, when committed intentionally, any actioncontrary to a law or regulation adopted in pursuance of its obligations under thisConvention, and shall ensure that serious offences shall be liable to adequatepunishment particularly by imprisonment or other penalties of deprivation of liberty.5. Changes to the 1971 Convention – Options 1 and 2The proposed changes under both Options 1 and 2 to add Article 1 (c) bis, and Article 2bis, are discussed above in sections 2 and 3 of this chapter.5.1. Article 5 – limitation of actions to medical and scientific purposesArticle 5 [Existing text]Limitation of Use to Medical and Scientific Purposes1. Each Party shall limit the use of substances in Schedule I as provided in Article 7.2. Each Party shall, except as provided in Article 4, limit by such measures as itconsiders appropriate the manufacture, export, import, distribution and stocks of, tradein, and use and possession of, substances in Schedules II, III and IV to medical andscientific purposes.3. It is desirable that Parties do not permit the possession of substances in Schedules II, IIand IV except under legal authority.5.1.1. General comments on Article 5Article 5 of the 1971 Convention, headed ‘Limitation of Use to Medical and ScientificPurposes’, sets out Parties’ obligations to limit use and other actions with respect toSchedule I, II, III and IV psychotropic substances to medical and scientific purposes.136
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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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Articles 21-34 of the Convention im
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dispatch, transport, supply, purcha
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actions involving commercial quanti
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In the 1971 Convention the followin
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4.1.3 Option 2 - changes to Preambl
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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: 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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