roadmaps to reforming the un drug conventions - Beckley Foundation

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5.2.3. Options 1 and 2 – amendment of Article 7The following amendment should be made to Article 7:1. In paragraph (a), for ‘Prohibit all use except for scientific and very limited medicalpurposes’, substitute ‘Require all medical and scientific use to be undertaken orsupervised’.Article 7. 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 Require allmedical and scientific use to be undertaken or supervised by duly authorised persons, inmedical or scientific establishments which are directly under the control of theirGovernments 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; andf) Prohibit export and import except when both the exporter and importer are thecompetent authorities or agencies of the exporting and importing country or region,respectively, or other persons which are specifically authorised by the competentauthorities of their country or region for the purpose. The requirements of paragraph 1of Article 12 for export and import authorisations for substances in Schedule II shall alsoapply to substances in Schedule 1.5.3. Article 8 – licences for manufacture, trade and distributionLicencesArticle 8 [Existing text]147
1. The Parties shall require that the manufacture of, trade (including export and importtrade) in, and distribution of substances listed in Schedules II, III and IV be under licenceor other similar control measure.2. The Parties shall:a) Control all duly authorised persons carrying on or engaged in the manufacture of,trade (including export and import trade) in, or distribution of substances referred to inparagraph 1;b) Control under licence or other similar control measure the establishments andpremises in which such manufacture, trade or distribution may take place; andc) Provide that security measures be taken with regard to such establishments andpremises in order to prevent theft or other diversion of stocks.3. The provisions of paragraph 1 and 2 of this article relating to licensing or other similarcontrol measures need not apply to persons duly authorised to perform and whileperforming therapeutic or scientific functions.…5.3.1. General comments on Article 8Article 8(1), and Article 8(2), subparagraphs (a) and (b), impose substantially the sameobligations on Parties in respect of control of manufacture, trade in and distribution ofSchedule II, III and IV psychotropic substances as Article 29(1) and Article 29(2),subparagraphs (a) and (b), and Article 30(1) of the 1961 Convention, and the discussionof Articles 29 and 30 (above) also applies to Article 8. (The only significant differencebetween Article 8 and those provisions of the 1961 Convention as they apply tomanufacture, trade and distribution is that Article 8(2)(a) requires the control of all ‘dulyauthorised’ persons and enterprises, whereas the relevant provisions of the 1961Convention require the control of all persons and enterprises. The reason for thisdiscrepancy was to ensure Parties were not obliged to apply control measures to allpersons entering or leaving a place of manufacture, trade or distribution. 199 )5.3.2. Option 1 – changes to Article 8Accordingly, the effect of the proposed new Article 2 bis on Parties’ obligations tocontrol manufacture and distribution of psychotropic substances under Article 8 wouldbe the same as the effect in the 1961 Convention of the proposed new Article 3 bis on1991971 Commentary, p. 172.148
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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
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endangered’ by a Party’s failur
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Article 9. Composition and Function
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2. The Board shall, in respect of c
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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: substances (of more than a small qu
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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