roadmaps to reforming the un drug conventions - Beckley Foundation

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4.3 Article 1(2) – definition of consumedArticle 1 [Existing text]2. For the purposes of this Convention a drug shall be regarded as “consumed” when ithas been supplied to any person or enterprise for retail distribution, medical use orscientific research; and “consumption” shall be construed accordingly.4.3.1 General comments on Article 1(2)Article 1(2) provides that ‘a drug shall be regarded as “consumed” when it has beensupplied to any person or enterprise for retail distribution, medical use or scientificresearch, or as put by the 1961 Commentary, when drugs have been transferred ‘fromthe manufacturing or wholesale level of the drug economy to its retail level’. 104 Thisdefinition has application in Articles 19, 20 and 21 (discussed above and in more detailbelow). Under Articles 19 and 20, Parties must provide estimates and statistical returnsin relation to drugs ‘consumed’, and under Article 21 Parties must limit the quantities ofeach drug manufactured and imported by any country or territory to the quantity‘consumed’ for medical and scientific purposes, in addition to the quantities used,exported, added to the stock and acquired for special purposes.4.3.2 Option 2 – changes to Article 1(2)Currently the definition of ‘consumed’ in Article 1(2) includes supply to any person orenterprise for retail distribution, which would cover supply for retail in non-medicaland non-scientific markets without needing to be amended. However, the definitiondoes not provide for the supply of drugs to persons for their personal (non-medical andnon-scientific) use. As noted above, and discussed in further detail below, it is proposedunder Option 2 that the requirements for countries and territories to furnish estimatesand statistical returns, and to prevent manufacture and import beyond theirrequirements (under Articles 19, 20 and 21 respectively) would be extended to use ofdrugs other than for medical or scientific purposes, including personal use. To ensurethat references to quantities of drugs ‘consumed’ in Articles 19, 20 and 21 capturesquantities supplied for the personal use of the recipient, the definition of ‘consumed’ inArticle 1(2) would need to be amended to include a reference to drugs supplied to anyperson for ‘personal use’. (The changes proposed to Articles 19, 20 and 21 under Option2 are discussed in more detail in sections 6.7, 6.8 and 6.9 below.)4.3.3 Option 2 – amendment of Article 1(2)The following amendment should be made to Article 1(2):1041961 Commentary, p. 223.83
After ‘scientific research’, insert ‘, or personal use’.2. For the purposes of this Convention a drug shall be regarded as “consumed” when ithas been supplied to any person or enterprise for retail distribution, medical use orscientific research, or personal use; and “consumption” shall be construed accordingly.4.4 Article 4(c) – general obligations of PartiesGeneral ObligationsArticle 4 [Existing text]The parties shall take such legislative and administrative measures as may be necessary:…(c) subject to the provisions of this Convention, to limit exclusively to medical andscientific purposes the production, manufacture, export, import, distribution of, trade in,use and possession of drugs.4.4.1 General comments on Article 4(c)Article 4(c) of the 1961 Convention provides that a general obligation of Parties is tolimit international and domestic markets in drugs, and use and possession of drugs, tomedical and scientific purposes. Article 4(c) requires Parties to take necessary legislativeand administrative measures to limit exclusively to medical and scientific purposes thecreation of drugs through production and manufacture, the import and export of drugs,the distribution of and trade in drugs, and the use and possession of drugs.‘Medical purposes’ is not defined in the Convention and does not have a clear or fixedmeaning. The preamble to the Convention indicates that medical purposes includepurposes intended to relieve pain and suffering (recognising that ‘the medical use ofnarcotic drugs continues to be indispensable for the relief of pain and suffering’). The1961 Commentary noted in 1973 that ‘medical purposes’ had been interpreted indifferent ways by Governments, including in some cases the alleviation of symptoms ofwithdrawal for drugs, and acknowledged that its meaning may vary according todevelopments in medical science. 105105United Nations. Commentary on the Single Convention on Narcotic Drugs, 1961. New York:United Nations, 1973 (‘1961 Commentary’), p. 111.84
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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
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 48 and 49: Article 7. Special Provisions regar
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: separate estimates and statistical
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
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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
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roadmaps to reforming the un drug conventions - Beckley Foundation

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