roadmaps to reforming the un drug conventions - Beckley Foundation

• Extradition of Article 3(1) offenders – Article 6.• Mutual legal assistance in investigating, prosecuting and proceedings in relation toArticle 3(1) offences – Article 7.• Transfer of proceedings with respect to Article 3(1) offences – Article 8• Other forms of international cooperation to suppress the commission of Article 3(1)offences – Article 9.• International cooperation and assistance for transit states (states through which illicitdrugs and substances are moved) – Article 10.• Controlled delivery (i.e. allowing movement of illicit drugs or substances through orbetween territories under supervision of authorities) with a view to identifyingpersons involved in Article 3(1) offences – Article 11.• Prevention of the diversion of substances for the illicit manufacture of narcotic drugsor psychotropic substances – Article 12.• Prevention of trade in and diversion of materials and equipment for illicitproduction or manufacture of narcotic drugs and psychotropic substances – Article13.• Measures to eradicate illicit cultivation of plants containing narcotic or psychotropicsubstances – Article 14.• Prevention of the use of commercial carriers as means of transport in the commissionof Article 3(1) offences – Article 15.• Documentation and labelling of lawful exports of narcotic drugs and psychotropicsubstances – Article 16.• Suppression of illicit traffic by sea – Article 17.• Suppression of illicit traffic in free trade zones and ports – Article 18.• Suppression of the use of mail for illicit traffic – Article 19.• Furnishing of information by Parties to the Commission on Narcotic Drugs of theUN Economic and Social Council on implementation of the Convention and cases ofillicit traffic – Article 20.These obligations all apply to: offences established in accordance with Article 3; ‘illicittraffic’ in drugs and substances; ‘illicit’ cultivation, production, manufacture or use ofdrugs and substances; or lawful exports of drugs and substances. The effect of the newprovisions in the 1961 and 1971 Conventions would be that non-commercial actionsinvolving small quantities of drugs or substances would no longer be offences underArticle 3 or ‘illicit’. Therefore, Parties would no longer be subject to any obligationsunder these provisions to prohibit or restrict such actions.Since Article 3(2) only applies to possession, purchase or cultivation of narcotic drugs orpsychotropic substances for personal consumption where contrary to the provisions ofthe 1961 Convention, the 1961 Convention as amended or the 1971 Convention, it is clearthat Parties would no longer be obliged to criminalise those actions following theinclusion of the new provisions in the 1961 Convention as amended and the 1971Convention. However, since the sole intention of Article 3(2) was to require Parties tocriminalise actions undertaken for the purpose of simple use of drugs, retention of theprovision would be contrary to the aims of Option 1 of the Project and may give rise to165