roadmaps to reforming the un drug conventions - Beckley Foundation

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Article 5. Limitation of Commercial Use to Medical and ScientificPurposes1. Each Party shall limit the trade in, and import, export, manufacture, distribution,possession and use of substances in Schedule I as provided in article 7 to medical andscientific purposes.2. Each Party shall, except as provided in article 4, limit by such measures as it considersappropriate the manufacture, export, import, distribution and stocks of, and trade in,and use and possession of, substances in Schedules II, III and IV to medical and scientificpurposes.3. It is desirable that Parties do not permit the possession of substances in Schedules II, IIand IV except under legal authority.5.1.4. Option 2 – changes to Article 5Article 5(2) of the 1971 Convention requires Parties to limit manufacture, export, import,distribution, stocks of, trade in, and use and possession of Schedule II, III and IVsubstances to medical and scientific purposes. Therefore, Article 5(2) would need to beremoved from the Convention under Option 2 to allow Parties to permit non-medicaland non-scientific markets in these substances.For the same reasons as discussed above in relation to Option 1, Article 5(3) should alsobe deleted.In addition, Article 5(1) should be deleted to remove the limitation of use of Schedule Isubstances as provided in Article 7 (to scientific and very limited medical purposes byduly authorised persons in Government controlled or approved medicalestablishments.). This is discussed further in section 7.2.It should be noted that under Option 2, Parties would still be required to apply thecontrol measures set out in Articles 8, 12 and 13 of the 1971 Convention to manufacture,distribution, import and export of, and trade in, Schedule II, III and IV substances,whether for medical/scientific or non-medical/non-scientific purposes.Article 8 requires Parties to licence the manufacture of, trade (including internationaltrade) in, and distribution of Schedule II, III and IV substances, to control all authorisedpersons involved in these activities, and to licence the establishments and premises inwhich these activities take place. (Article 8 is discussed further in section 5.3.)Similar to Article 31(4) of the 1961 Convention, Article 12 of the 1971 Conventionrequires Parties permitting import or export of Schedule I or II substances to requireseparate import and export authorisations for each import and export, and to require animport certificate from the importing country before issuing an export authorisation.Article 13 allows a Party to notify other Parties that it prohibits import of specified141
substances into its country or one or more of its regions, in which case Parties must takemeasures to ensure that it does not export the specified substances to the country orregions.5.1.5. Option 2 – amendment of Article 5Article 5 should be deleted.Article 5. 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.5.2. Article 7 – prohibition of use of Schedule 1 substancesArticle 7 [Existing text]Special Provisions Regarding Substances in Schedule 1In respect of substances in Schedule 1, the Parties shall:a) Prohibit all use except for scientific and very limited medical purposes by dulyauthorised persons, in medical or scientific establishments which are directly under thecontrol of their Governments or specifically approved by them;b) Require that manufacture, trade, distribution and possession be under a speciallicence or prior authorisation;c) Provide for close supervision of the activities and acts mentioned in paragraphs a) andb);d) Restrict the amount supplied to a duly authorised person to the quantity required forhis authorised purpose;e) Require that persons performing medical and scientific functions keep recordsconcerning the acquisition of the substances and the details of their use, such records tobe preserved for at least two years after the last use recorded therein; and142
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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
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After ‘scientific research’, in
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would also include transforming a d
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(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: drugs (in more than small quantitie
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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