roadmaps to reforming the un drug conventions - Beckley Foundation

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c) paragraph 2.3. In paragraph (4)(d):a) for ‘an offence’, substitute ‘any offence with respect to narcotic drugs orpsychotropic substances’; andb) for ‘in accordance with paragraph 2’, substitute ‘other than as required byparagraph 1’.Article 1. DefinitionsExcept where otherwise expressly indicated or where the context otherwise requires, thefollowing definitions shall apply throughout this convention:…m) “illicit traffic” means the offences set forth in Article 3, paragraphs paragraph 1 and2, of this Convention.Article 3. Offences and Sanctions1. Each Party shall adopt such measures as may be necessary to establish as criminaloffences under its domestic law, when committed intentionally:a) (i) The production, manufacture, extraction, preparation, offering, offering for sale,distribution, sale, delivery on any terms whatsoever, brokerage, dispatch,dispatch in transit, transport, importation or exportation of any narcotic drugs orany psychotropic substance Any action contrary to a law or regulation adoptedin pursuance of its obligations under the provisions of the 1961 Convention, the1961 Convention as amended or the 1971 Convention.…ii) The cultivation of opium poppy, coca bush or cannabis plant for the purpose ofthe production of narcotic drugs contrary to the provisions of the 1961Convention and the 1961Convention as amended;iii) The possession or purchase of any narcotic drug or psychotropic substance forthe purposes of any of the activities enumerated in (i) above ;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.169
…4. d) The Parties may provide, either as an alternative to conviction or punishment, or inaddition to conviction or punishment of an offence any offence with respect to narcoticdrugs or psychotropic substances established in accordance with paragraph 2 otherthan as required by paragraph 1 of this article, measures for the treatment, education,aftercare, rehabilitation or social reintegration of the offender.170
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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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) Subject to the deductions referre
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excess quantity must be deducted fr
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prohibition in Article 31(1)(b) aga
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4.8 Article 20 - statistical return
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separate returns would be required
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4.9.1 General comments on Article 2
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distributors), and any quantity tak
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a) The quantity consumed, within th
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Article 21 bis. Limitation of Produ
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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 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: Consequently, Parties would also no
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