roadmaps to reforming the un drug conventions - Beckley Foundation

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Article 7. Special Provisions regarding Substances in Schedule 1In respect of substances in Schedule 1, the Parties shall:Prohibit all use except for scientific and very limited medical purposes Require allmedical and scientific use to be undertaken or supervised by duly authorised persons, inmedical or scientific establishments which are directly under the control of theirGovernments or specifically approved by them;…Article 9In Article 9(1), after ‘dispensed for’, insert ‘medical’.Article 9. Prescriptions1. The Parties shall require that substances in Schedules II, III and IV be supplied ordispensed for medical use by individuals pursuant to medical prescription only, exceptwhen individuals may lawfully obtain, use, dispense or administer such substances inthe duly authorised exercise of therapeutic or scientific functions.3.3 Proposed amendments to the 1998 ConventionArticle 3 – offences and sanctionsIn Article 3:1. delete paragraph 22. in subparagraph 4(d):a) for ‘an offence’, substitute ‘any offence with respect to narcotic drugs orpsychotropic substances’b) for ‘in accordance with paragraph 2’, substitute ‘other than as required byparagraph 1’.…Article 3. Offences and Sanctions2. 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 cultivation of narcotic drugs or psychotropic substances39
for personal consumption contrary to the provisions of the 1961 Convention, the 1961Convention as amended or the 1971 Convention.…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 other thanas required by paragraph 1 of this article, measures for the treatment, education,aftercare, rehabilitation or social reintegration of the offender.4. Option 2 − remove obligations to prohibit domestic nonmedicaland non-scientific markets in drugsThe purpose of this option is to allow Parties to the Conventions to legalise domesticmarkets and international trade in controlled substances that will be used for other thanmedical or scientific purposes. Under Option 2, Parties would no longer be required tolimit cultivation, production, manufacture, domestic trade, distribution, use orpossession of drugs to medical and scientific purposes. Nor would Parties be required tolimit import and export of drugs to these purposes. However, they would continue to beprohibited from allowing the export of drugs other than in accordance with thereceiving country or territory’s laws and regulations, and they would still be required tocontrol import and export under licence, control all parties and enterprises undertakingimport and export, and require specific import and export authorisations. In addition, ifParties were to decide to permit domestic non-medical and non-scientific markets indrugs, they would also be required to apply most of the existing control measures in theConventions to those markets. For example, Parties would be required to ensure (underArticles 23, 26 and 28 of the 1961 Convention) that cultivation of and domestic trade inopium poppy, cannabis and coca for non-medical and non-scientific purposes would becontrolled by a government agency. They would also be required to ensure (underArticles 29 and 30 of the 1961 Convention and Articles 7 and 8 of the 1971 Convention)that the manufacture, domestic trade in, and distribution of drugs for non-medical ornon-scientific purposes would be under licence or authorisation. It is also proposedunder Option 2 that the requirements for countries and territories to furnish estimates(in Article 19 of the 1961 Convention) and statistical returns in relation to their drug useand production (in Article 20 of the 1961 Convention and Article 16(4) of the 1971Convention) and to prevent manufacture and import beyond their requirements (inArticle 21 of the 1961 Convention) would be extended to non-medical or non-scientificuse of drugs.Under Option 2, the International Narcotics Control Board (INCB) would no longer beresponsible for limiting domestic markets in drugs to medical and scientific purposes.Instead, the INCB’s main roles in relation to domestic drug control would be to monitormedical and scientific and non-medical and non-scientific domestic markets in drugs40
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 46 and 47: Article 36 - penal provisionsIn Art
Page 50 and 51: and to ensure adequate supplies of
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
Page 68 and 69: Chapter 7. Conforming the 1961 Conv
Page 70 and 71: solely by Article 30, which require
Page 72 and 73: on trade activities referred to in
Page 74 and 75: (c) Require that licensed manufactu
Page 76 and 77: issued in the form of counterfoil b
Page 78: APPENDIXDETAILED COMMENTARY ON AMEN
Page 81 and 82: Articles 21-34 of the Convention im
Page 83 and 84: dispatch, transport, supply, purcha
Page 85 and 86: actions involving commercial quanti
Page 87 and 88: In the 1971 Convention the followin
Page 89 and 90: 4.1.3 Option 2 - changes to Preambl
Page 91 and 92: separate estimates and statistical
Page 93 and 94: After ‘scientific research’, in
Page 95 and 96: would also include transforming a d
Page 97 and 98: (c) subject to the provisions of th
Page 99 and 100:
endangered’ by a Party’s failur
Page 101 and 102:
Article 9. Composition and Function
Page 103 and 104:
2. The Board shall, in respect of c
Page 105 and 106:
for the right of the INCB to establ
Page 107 and 108:
) Subject to the deductions referre
Page 109 and 110:
excess quantity must be deducted fr
Page 111 and 112:
prohibition in Article 31(1)(b) aga
Page 113 and 114:
4.8 Article 20 - statistical return
Page 115 and 116:
separate returns would be required
Page 117 and 118:
4.9.1 General comments on Article 2
Page 119 and 120:
distributors), and any quantity tak
Page 121 and 122:
a) The quantity consumed, within th
Page 123 and 124:
Article 21 bis. Limitation of Produ
Page 125 and 126:
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 and 178:
Consequently, Parties would also no
Page 179:
…4. d) The Parties may provide, e
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roadmaps to reforming the un drug conventions - Beckley Foundation

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