roadmaps to reforming the un drug conventions - Beckley Foundation

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Parties’ obligations under Articles 29 and 30, as discussed above. Parties would only beobliged to apply the control measures in Article 8 to distribution and manufacture ofpsychotropic substances where undertaken for commercial purposes.It may be that irrespective of the new Article 2 bis ‘manufacture’ and ‘distribution’ inArticle 8 would be interpreted as commercial manufacture and distribution, sinceArticle 8 deals with the control of trade in psychotropic substances. As noted above, the1988 Commentary suggests that ‘distribution’ (as used in the provisions of the 1988Convention dealing with criminalisation of illicit traffic in drugs) may be bestunderstood as meaning the commercial role of ensuring that goods pass frommanufacturer or importer to wholesaler or retailers. 200 But, as in relation to Article 30(1)of the 1961 Convention (discussed above), it is also arguable that the ordinary meaningof ‘distribution’ is sharing out to recipients, and that ‘trade’ and ‘distribution’ in Article8 would not have been intended to have overlapping meanings. Therefore, it is alsopossible that ‘distribution’ in Article 8 may include distribution other than in trade. Thenew Article 2 bis would remove any uncertainty, and ensure that non-commercialdistribution and manufacture of psychotropic substances were exempt from Article 8.5.3.3. Option 2 – changes to Article 8Similarly under Option 2, the proposed new Article 2 bis would exempt manufacture,distribution of small quantities of Schedule II, III and IV substances for other thancommercial purposes from the scope of Article 8 so that Parties would not be required toapply the control measures in Article 8 to those activities. However, Parties would berequired to apply the control measures to manufacture and distribution of thosesubstances where more than a small quantity is involved or the purpose is commercial,and to trade (including international trade) in any quantity of the substances, whether ornot the manufacture, distribution or trade were for medical/scientific or nonmedical/non-scientificmarkets.Parties would be required to make manufacture, distribution, trade, import and exportof Schedule II, III and IV substances other than in compliance with the Article 8 controlmeasures punishable offences under Article 22 of the 1971 Convention. Article 22 isdiscussed below.5.4. Article 9 – medical prescriptionsPrescriptionsArticle 9 [Existing text]1. The Parties shall require that substances in Schedules II, III and IV be supplied ordispensed for use by individuals pursuant to medical prescription only, except when2001988 Commentary, p. 55.149
individuals may lawfully obtain, use, dispense or administer such substances in the dulyauthorised exercise of therapeutic or scientific functions.2. The Parties shall take measures to ensure that prescriptions for substances inSchedules II, III and IV are issued in accordance with sound medical practice and subjectto such regulation, particularly as to the number of times they may be refilled and theduration of their validity, as will protect the public health and welfare.3. Notwithstanding paragraph 1, a Party may, if in its opinion local circumstances sorequire and under such conditions, including record-keeping, as it may prescribe,authorise licensed pharmacists or other licensed retail distributors designated by theauthorities responsible for public health in its country or part thereof to supply, at theirdiscretion and without prescription, for use for medical purposes by individuals inexceptional cases, small quantities, within limits to be defined by the Parties, ofsubstances in Schedules III and IV.5.4.1. General comments on Article 9Article 9(1) imposes substantially the same obligation on Parties to require medicalprescriptions for supply and dispensation of Schedule II, III and IV psychotropicsubstances as Article 30(2)(b) of the 1961 Convention imposes in relation to Schedule Inarcotic drugs (except that Article 30(2)(b)(ii) of the 1961 Convention additionallyobliges Parties to require official counterfoil prescriptions if they consider this necessaryor desirable). Therefore the discussion of Article 30(2)(b) above also applies in relation toArticle 9(1).Article 9(2) imposes additional obligations for Parties to ensure prescriptions are issuedaccording to sound medical practice, and regulated to ensure protection of public healthand welfare (e.g. by limiting refills and duration of validity). (According to the UNCommentary on the 1971 Convention, although not express obligations in the 1961Convention, Parties would be required to take similar measures in relation to narcoticdrugs pursuant to their obligation under Article 4(c) to limit the use of drugs to medicaland scientific purposes.)Article 9(3) allows Parties to permit licensed pharmacists or retail distributors to supplysmall quantities of Schedule III and IV (but not Schedule II) substances for medicalpurposes without prescription in exceptional cases where local circumstances requirethis, that is, in conditions which warrant the exception for public health reasons. 2012011971 Commentary, pp. 190–191.150
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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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for the right of the INCB to establ
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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 and 156: substances (of more than a small qu
Page 157: 1. The Parties shall require that t
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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