roadmaps to reforming the un drug conventions - Beckley Foundation

accordance with subparagraph (a) of this paragraph or from an act ofparticipation in such offence or offences;(ii) The possession of equipment or materials or substances listed in Table I andTable II, knowing that they are being or are to be used in or for the illicitcultivation, production or manufacture of narcotic drugs or psychotropicsubstances;(iii) Publicly inciting or inducing others, by any means, to commit any of the offencesestablished in accordance with this article or to use narcotic drugs orpsychotropic substances illicitly;(iv) Participation in, association or conspiracy to commit, attempts to commit andaiding, abetting, facilitating and counselling the commission of any of theoffences established in accordance with this article.2. Subject to its constitutional principles and the basic concepts of its legal system, eachParty shall adopt such measures as may be necessary to establish as a criminal offenceunder its domestic law, when committed intentionally, the possession, purchase orcultivation of narcotic drugs or psychotropic substances for personal consumptioncontrary to the provision of the 1961 Convention, the 1961 Convention as amended orthe 1971 Convention.6.1.1. General comments on Article 3Article 3(1)Article 3(1) of the 1988 Convention was intended to require Parties to criminalise andpunish all forms of participation in illicit traffic in narcotic drugs or psychotropicsubstances, when undertaken intentionally.Article 3(1)(a) repeats the standard actions related to the production and supply ofdrugs that Parties are required to make punishable offences under earlier conventions,with some additions. As noted above, the 1961 Convention and 1971 Convention are notself-executing, and do not in themselves prohibit any conduct. According to the 1988Commentary, therefore, the references in Article 3(1)(a) to the 1961 Convention, the 1961Convention as amended and the 1971 Convention were intended to incorporate byreference the schemes in those conventions with respect to particular categories ofnarcotic drugs and psychotropic substances, and ensure that Parties were obliged tocriminalise and punish the listed forms of conduct only in circumstances which wouldattract the obligations of parties to the earlier conventions. Accordingly, Article 3(1)(a)must be interpreted by reference to the earlier conventions, whether or not a Party to the1988 Convention is a party to the earlier conventions. However, only the forms ofconduct enumerated in Article 3(1)(a) must be made criminal offences. Parties are160