Article 36 – penal provisionsIn Article 36(1)(a), delete ‘offering,’.Article 36. Penal Provisions1. a) Subject <strong>to</strong> its constitutional limitations, each Party shall adopt such measures as willensure that cultivation, production, manufacture, extraction, preparation, possession,offering, offering for sale, distribution, purchase, sale, delivery on any termswhatsoever, brokerage, dispatch, dispatch in transit, transport, importation andexportation of <strong>drug</strong>s contrary <strong>to</strong> <strong>the</strong> provisions of this Convention, and any o<strong>the</strong>r actionwhich in <strong>the</strong> opinion of such Party may be contrary <strong>to</strong> <strong>the</strong> provisions of this Convention,shall be p<strong>un</strong>ishable offences when committed intentionally, and that serious offencesshall be liable <strong>to</strong> adequate p<strong>un</strong>ishment particularly by imprisonment or o<strong>the</strong>r penaltiesof deprivation of liberty.3.2 Proposed amendments <strong>to</strong> <strong>the</strong> 1971 ConventionArticle 1 – use of termsInsert as Article 1(c) bis:‘“Non-commercial purpose” means a purpose o<strong>the</strong>r than <strong>to</strong> receive pec<strong>un</strong>iary benefit.’Article 1. Definitionsc) “Board” means <strong>the</strong> International Narcotics Control Board provided for in <strong>the</strong> SingleConvention on Narcotic Drugs, 1961.c) bis “Non-commercial purpose” means a purpose o<strong>the</strong>r than <strong>to</strong> receive pec<strong>un</strong>iarybenefit.New Article 2 bis – exemption for non-commercial actionsInsert as Article 2 bis:‘O<strong>the</strong>r than Article 7(a) and Article 9, this Convention does not apply <strong>to</strong> <strong>the</strong> cultivation,production, manufacture, extraction, preparation, offering, distribution, delivery,dispatch, transport, supply, purchase, acquisition, import, export, possession or use ofpsychotropic substances, or any similar or related action with respect <strong>to</strong> psychotropicsubstances where such action involves only a small quantity of psychotropic substancesand is for a non-commercial purpose.’37
Article 2 bisO<strong>the</strong>r than article 7(a) and article 9, this Convention does not apply <strong>to</strong> <strong>the</strong> cultivation,production, manufacture, extraction, preparation, offering, distribution, delivery,dispatch, transport, supply, purchase, acquisition, import, export, possession or use ofpsychotropic substances, or any similar or related action with respect <strong>to</strong> psychotropicsubstances where such action involves only a small quantity of substances and is for anon-commercial purpose.Article 5 – Limitation of use <strong>to</strong> medical and scientific purposesIn Article 5:1. in <strong>the</strong> heading of Article 5, for ‘Use’ substitute ‘Commercial Use’2. in paragraph 1:a) after ‘limit <strong>the</strong>’, insert ‘ trade in, and import, export, manufacture, distribution,possession and’b) for ‘as provided in Article 7’, substitute ‘<strong>to</strong> medical and scientific purposes’3. in paragraph 2:a) after ‘s<strong>to</strong>cks of,’ insert ‘and’b) delete ‘, and use and possession of,’4. delete paragraph 3.Article 5. Limitation of Use Commercial Use <strong>to</strong> Medical andScientific PurposesEach Party shall limit <strong>the</strong> trade in, and import, export, manufacture, distribution,possession and use of substances in Schedule I as provided in article 7 <strong>to</strong> medical andscientific purposes.Each Party shall, except as provided in article 4, limit by such measures as it considersappropriate <strong>the</strong> manufacture, export, import, distribution and s<strong>to</strong>cks of, and trade in,and use and possession of, substances in Schedules II, III and IV <strong>to</strong> medical and scientificpurposes.It is desirable that Parties do not permit <strong>the</strong> possession of substances in Schedules II, IIand IV except <strong>un</strong>der legal authority.Article 7 – Schedule I substancesIn Article 7(a), for ‘Prohibit all use except for scientific and very limited medicalpurposes’, substitute ‘Require all medical and scientific use <strong>to</strong> be <strong>un</strong>dertaken orsupervised’.38
- Page 2 and 3: ROADMAPS TO REFORMINGTHE UN DRUG CO
- Page 4 and 5: ContentsPreface ...................
- Page 6 and 7: PrefaceTHE IDEA FOR this Report cam
- Page 8: PART I. POSSIBLE ROADMAPS
- Page 11 and 12: hope for serious progress, but we c
- Page 13 and 14: We do not underestimate the difficu
- Page 15 and 16: also imposes requirements concernin
- Page 17 and 18: domestic market, just as producers
- Page 19 and 20: Protocol strengthened some provisio
- Page 21 and 22: ut considerably less potency than s
- Page 23 and 24: has announced its intention to reac
- Page 25 and 26: objected to. Concerning the 1971 tr
- Page 27 and 28: Table 2. Summary of reservations to
- Page 29 and 30: Reservations about traditional use
- Page 31 and 32: As Swaine notes, ‘the Vienna Conv
- Page 33 and 34: unhappy about a country implementin
- Page 35 and 36: Preemption by a new ‘single conve
- Page 37 and 38: and their effort was rejected by a
- Page 39 and 40: national or subnational level. Proh
- Page 42 and 43: Chapter 5. Proposed treaty amendmen
- Page 44 and 45: Article 1. DefinitionsExcept where
- Page 48 and 49: Article 7. Special Provisions regar
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- Page 52 and 53: Article 1 − definition of ‘cons
- Page 54 and 55: Article 19 - estimates of drug requ
- Page 56 and 57: Article 21. Limitation of Manufactu
- Page 58 and 59: contrary to a law or regulation ado
- Page 60 and 61: 1. in subparagraph (a):a) after ‘
- Page 62 and 63: ) for ‘in accordance with paragra
- Page 64 and 65: include a number of general stateme
- Page 66 and 67: the legality of drug possession. A
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- Page 70 and 71: solely by Article 30, which require
- Page 72 and 73: on trade activities referred to in
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- Page 81 and 82: Articles 21-34 of the Convention im
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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
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the purposes of Option 2. However,
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in Article 29 to manufacture of mor
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) (i) Require medical prescriptions
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4.15 Article 31(1) - international
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commercial use. Export to a state o
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would automatically mean that posse
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preparatory acts, conspiracy and at
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offering for sale, distribution, 17
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Article 36. Penal Provisions1. a) S
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Article 36. Penal Provisions1. a) S
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Conference would have intended to a
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drugs (in more than small quantitie
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substances into its country or one
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apply to Schedule 1 substances. In
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substances (of more than a small qu
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1. The Parties shall require that t
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individuals may lawfully obtain, us
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4. The Parties shall furnish to the
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2. In subparagraph (b):a) after ‘
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obligations on Parties in respect o
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penalise preparatory acts in connec
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accordance with subparagraph (a) of
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Article 3(1)(c)(iii) warrants speci
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6.1.2. Option 1 - changes to the 19
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uncertainty. Accordingly, Article 3
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Consequently, Parties would also no
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…4. d) The Parties may provide, e