roadmaps to reforming the un drug conventions - Beckley Foundation

Chapter 5. Proposed treaty amendments to allow possessionand use, or to allow regulated domestic markets1. Two Options in Amending the UN Drug ConventionsIN THIS CHAPTER we turn to proposing treaty language which would adapt the presentinternational drug control framework to allow for national or subnational experimentsin two directions. The first alternative involves proposing minimum changes to themajor international drug conventions that would unambiguously allow Parties to theConventions to permit the use and possession of drugs for other than commercialpurposes. The second alternative, which includes the first, proposes more significantchanges that would allow Parties to the Conventions to legalise domestic markets andinternational trade in drugs (between countries with legal domestic markets), and maketheir own decisions about how domestic markets should be regulated.Section 2 below explains the scope of the first of these options, and section 3 spells outthe actual amendments of the treaties which are proposed to put this option into effect.In parallel fashion, section 4 explains the scope of the second option, and sections 5spells out the actual amendments to put the option into effect.The rationales for the language proposed here are more fully discussed in the Appendixof this volume. Since Option 2 includes within it Option 1, the general discussion in theAppendix deals with both options, while maintaining a separation concerning thechanges in treaty language proposed for Option 1 and for Option 2.2. Option 1 – remove obligations to prohibit actions relatingto personal use of drugsThis option would involve making changes to wording in the Conventions that wouldrelieve Parties to the Conventions from existing obligations to prohibit (through legal oradministrative measures) personal use or possession of drugs, or cultivation,production, manufacture, supply, acquisition, purchase, import or export of drugs,when these actions involved only a small quantity of drugs and were for other thancommercial purposes.The aim of these changes would be to allow Parties to elect not to prohibit personal useor possession of drugs, or other actions relating to personal use of drugs. Personal use ofdrugs would refer to consumption of drugs by an individual, including for non-medicalpurposes. These changes would allow people to use drugs themselves, supply smallquantities of drugs to others for their personal use, transfer small quantities of drugsbetween countries for their own or others’ personal use, or produce, cultivate,manufacture, purchase, acquire or possess small quantities of drugs for these purposes.Currently under the Conventions, Parties are required to limit international anddomestic markets in narcotic drugs and psychotropic substances, and not to allowpossession and use of these drugs and substances except for medical and scientificpurposes. Subject to certain limited exceptions, Parties must prohibit the cultivation,production, manufacture, distribution of, trade in, and possession of drugs, for other33