roadmaps to reforming the un drug conventions - Beckley Foundation

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Parties would be allowed to permit small-scale cultivation, manufacture, production,import and export of drugs for personal use, and import, export and distribution ofsmall quantities of drugs for others’ personal use. They would also be allowed to permitpossession of drugs for personal use, and personal use itself, whether or not for medicalpurposes. The new provision would not affect Parties’ obligation to limit ‘trade in’ drugsexclusively to medical and scientific purposes. Parties would not be allowed to permitany of these activities to be undertaken for pecuniary gain, unless for a medical orscientific purpose.The proposed new Article 3 bis would limit the scope of Parties’ obligations underArticle 4(c) without any technical need for direct amendment of the provision, which isalready subject to the provisions of the Convention. The new Article 3 bis would make itclear that non-commercial and small-scale actions with respect to drugs are entirelyexempt from all the provisions of the Convention (other than Article 30(2)(b)).However, since Article 4(c) sets out Parties’ general obligations under the Convention,ideally these obligations should be clear from the text of that article, without the need torefer to other provisions. Accordingly, it is proposed that Article 4(c) should beamended to make it clear that its scope extends only to actions that involve more than asmall quantity of drugs or that are undertaken for commercial purposes.In addition, the reference to ‘use’ of drugs in Article 4(c) would effectively be maderedundant by the new Article 3 bis. This is because, for the reasons discussed above, it islikely that Parties’ obligation to limit ‘use’ of drugs to medical and scientific purposeswould cover only personal consumption. Therefore, there would be no need to retainthe word ‘use’ in Article 4(c), and to do so may give rise to uncertainty as to the effect ofthe new article. Accordingly, it is suggested that ‘use’ should be deleted from Article4(c).4.4.3 Option 1 – amendment of Article 4(c)The following amendments should be made to Article 4(c):1. After ‘medical and scientific purposes’:a) insert a colonb) on a new line, insert ‘(i) trade in drugs; and’c) on a new line, insert ‘(ii)’2. Delete ‘trade in, use’3. After ‘possession of drugs’, insert ‘, unless in small quantities and for a noncommercialpurpose’.Article 4. General ObligationsThe parties shall take such legislative and administrative measures as may be necessary:…87
(c) subject to the provisions of this Convention, to limit exclusively to medical andscientific purposes:(i) trade in drugs; and(ii) the production, manufacture, export, import, distribution of, trade in, use andpossession of drugs, unless in small quantities and for a non-commercialpurpose.4.4.4 Option 2 – changes to Article 4(c)Article 4(c) generally obliges Parties to limit international and domestic markets indrugs to medical and scientific purposes, and would therefore prevent Parties frompermitting regulated non-medical and non-scientific markets in drugs under Option 2.Accordingly, Article 4(c) should be deleted under Option 2.4.4.5 Option 2 – amendment of Article 4(c)Article 4(c) should be deleted.Article 4. General ObligationsThe 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.4.5 Article 9(4) – functions of the INCBComposition and Functions of the Board…Article 9 [Existing text]4. The Board, in co-operation with Governments, and subject to the terms of thisConvention, shall endeavour to limit the cultivation, production, manufacture and useof drugs to an adequate amount required for medical and scientific purposes, to ensuretheir availability for such purposes and to prevent illicit cultivation, production andmanufacture of, and illicit trafficking in and use of drugs.88
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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
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Chapter 5. Proposed treaty amendmen
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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 and 92: separate estimates and statistical
Page 93 and 94: After ‘scientific research’, in
Page 95: would also include transforming a d
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
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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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