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roadmaps to reforming the un drug conventions - Beckley Foundation

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<strong>the</strong> substantial issue in <strong>the</strong> US and o<strong>the</strong>r wealthy co<strong>un</strong>tries of medically facilitated overuseof opioids. In <strong>the</strong> present-day world, <strong>the</strong> system of surveillance and direction <strong>un</strong>der<strong>the</strong> 1961 treaty is an anachronism and an anomaly.This fur<strong>the</strong>r option was thus carried out as an adj<strong>un</strong>ct <strong>to</strong> amendment Option 2summarised in Chapter 5. If Parties were allowed <strong>to</strong> legalise markets in narcotic <strong>drug</strong>sand psychotropic substances for o<strong>the</strong>r than medical and scientific purposes, <strong>the</strong>n <strong>the</strong>system for <strong>drug</strong>s covered <strong>un</strong>der <strong>the</strong> 1961 Convention could be simplified by bringing itin<strong>to</strong> alignment with <strong>the</strong> market controls required for Schedule II, III and IV psychotropicsubstances <strong>un</strong>der <strong>the</strong> 1971 Convention. To achieve this, changes are proposed <strong>to</strong> anumber of <strong>the</strong> controls in <strong>the</strong> 1961 Convention. These would ei<strong>the</strong>r remove controls thathave no corresponding control <strong>un</strong>der <strong>the</strong> 1971 Convention, or replace <strong>the</strong>m withcontrols that mirror or closely resemble relevant controls in <strong>the</strong> 1971 Convention. Inparticular, it is proposed <strong>un</strong>der this option that <strong>the</strong> estimate system established <strong>un</strong>der<strong>the</strong> 1961 Convention should be abolished, and that manufacture and import and opiumproduction limits provided for in <strong>the</strong> 1961 Convention should be removed (as <strong>the</strong> 1971Convention does not provide <strong>the</strong>se measures). In addition, it is proposed that <strong>the</strong>current requirements in <strong>the</strong> 1961 Convention for governments <strong>to</strong> control and establishtrade monopolies in relation <strong>to</strong> <strong>the</strong> opium poppy, coca bush and cannabis industriesshould be removed. These requirements should be replaced with less onerousrequirements for cultivation, production, trade and distribution of <strong>the</strong>se <strong>drug</strong>s <strong>to</strong> belicensed and controlled by governments, as per Article 8 of <strong>the</strong> 1971 Convention(applying <strong>to</strong> manufacture, trade and distribution of Schedule II, III and IV psychotropicsubstances).The provisions of <strong>the</strong> 1961 Convention, as amended by <strong>the</strong> 1972 Pro<strong>to</strong>col, that wouldneed additional or different amendments <strong>un</strong>der this option (in comparison with Option2 in Chapter 5) are Articles 2, 12, 19, 21, 21 bis, 23, 26, 28, 29 and 30.2. Approach <strong>to</strong> amending <strong>the</strong> 1961 Convention in Option 3The proposed approach <strong>to</strong> amending <strong>the</strong> Conventions <strong>un</strong>der Option 3 is <strong>the</strong> same asthat for Option 2 in respect of <strong>the</strong> 1971 Convention and <strong>the</strong> 1988 Convention. Theapproach is also <strong>the</strong> same <strong>un</strong>der both options in respect of Articles 4(c), 9(4), 20 and 36 of<strong>the</strong> 1961 Convention. However, as noted above, <strong>un</strong>der Option 3 different or additionalamendments are proposed of Articles 12, 19, 21, 21 bis, 23, 26(1), 28(1), 29 and 30 of <strong>the</strong>1961 Convention (along with consequential amendments of Articles 2 and 27 of <strong>the</strong>Convention).It is proposed <strong>to</strong> remove from <strong>the</strong> Convention Articles 12 and 19, which establish <strong>the</strong>estimate system, and Articles 21 and 21 bis, which impose manufacture and importlimits, and opium production limits (respectively). It is also proposed <strong>to</strong> remove Articles23, 26 and 28(1), which require opium poppy, coca bush and cannabis cultivation andtrade <strong>to</strong> be controlled and monopolised by a government agency. Instead, Article 29,which currently requires government licensing of <strong>drug</strong> manufacture (similar <strong>to</strong> <strong>the</strong>requirements of Article 8 of <strong>the</strong> 1971 Convention), should be extended <strong>to</strong> opium poppy,coca bush and cannabis cultivation. Domestic trade in those <strong>drug</strong>s should be governed60

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