Drug Abuse

Article 2

SUBSTANCES UNDER CONTROL

General comments

1. Article 2 offers a synopsis of the various regimes which the Single Convention provides for different categories of "drugs"1 and their "preparations" 2 3   the other substances 4 and the three Plants which it controls, namely the opium poppy, coca bush and cannabis plant. 5This is done by citation of the relevant articles and in a few cases by giving the substantive rules themselves. 6 The following different regimes are provided for:

(1) The regime applicable to drugs in Schedule I with the exception of opium, the coca leaf and extracts and tinctures of cannabis in territories in respect of which they have been made the object of a reservation under article 49 by the Parties concerned and of the drugs also listed in Schedule IV. 7

(2) The regime applicable to preparations, other than preparations in Schedule 111, of the drugs subject to the regime mentioned under (1).

(3) The regime applicable to opium and the coca leaf in territories in respect of which the Parties concerned have not made a reservation under article 49; as opium and the coca leaf are listed in Schedule 1, they are subject to the rules governing the drugs listed in that schedule and to some additional provisions. 8

(4) The regime applicable to preparations, other than those in Schedule 111, of opium and the coca leaf referred to under (3).

(5) The regime applicable to opium and the coca leaf in territories in respect of which they have been made the object of a reservation under article 49 by the Parties concerned.

(6) The regime applicable to preparations, other than those listed in Schedule 111, of the opium and the coca leaf, in the circumstances referred to under (5).

(7) The regime applicable to extracts and tinctures of cannabis in territories in respect of which they have been made the object of a reservation under article 49 by the Parties concerned.

(8) The regime applicable to preparations, other than those included in Schedule III (if any) of such extracts and tinctures.

(9) The regime applicable to drugs in Schedule II.

(10) The regime applicable to preparations of drugs in Schedule 11, with the exception of preparations included in Schedule III.

(11) The regime applicable to drugs in Schedule IV, with the exception of cannabis and cannabis resin. 9

(12) The regime applicable to preparations, other than preparations listed in Schedule III (if any) 10 of drugs in Schedule IV, with the exception of cannabis and cannabis resin.

(13) The regime applicable to cannabis and cannabis resin in territories in respect of which they have not been made the object of a reservation under article 49 by the Parties concerned.

(14) The regime applicable to preparations, other than preparations in Schedule III (if any)10 of the cannabis and cannabis resin referred to under (13).

(15) The regime applicable to cannabis and cannabis resin in territories in in respect of which they have been made the object of a reservation under article 49 by the Parties concerned.

(16) The regime applicable to preparations, other than preparations in Schedule III if any, 10 of the cannabis and cannabis resin mentioned in (15) above.

(17) The regime applicable to preparations in Schedule III. 11

(18) The regime applicable to poppy straw. 12

(19) The regime applicable to cannabis leaves. 11

(20) The regime applicable to the opium poppy. 14

(21) The regime applicable to the coca bush. 15

(22) The regime applicable to the cannabis plant. 16

(23) The regime applicable to substances which do not fall under the drug regime of the Single Convention, but which may be used in the illicit manufacture of drugs. 17

(24) The regime applicable to drugs which are commonly used in industry for other than medical or scientific purposes. 18

2. This enumeration includes the different basic regimes expressly referred to in article 2, 19 and it also mentions the various regimes governing preparations containing the various kinds of drugs . 2 0 These regimes governing preparations not only differ, however slightly, from the controls applicable to the drugs concerned, but also from each other . 2' The list also mentions several regimes which are neither expressly nor impliedly refer-red to in article 2, but which result from the application of article 49 concerning "transitional reservations" . 22

3. The divergences between many of these regimes are only very minor. The long list, could, however, even be extended if some additional small distinctions were taken into account, e.g. between the provisions governing opium and those regarding the coca leaf. 23 The authors of the Single Convention found it necessary to provide for such a great variety of controls because they wished to take into account the conditions prevailing in all countries of the world. National laws enacted to implement the Single Convention may contain a smaller number of different regimes-and indeed they generally do-provided always that they thereby do not establish a less "strict" or ,,severe" control system than that required by the Convention. 24

1. As defined in article 1, para. 1, subpara. (j). 

2. As defined in article 1, para. 1, subpara. (s).

3. For the survey of the regimes of "drugs" and "preparations" see article 2, Paras. 1-6 and 9.

4, Paras. 7 (poppy straw and cannabis leaves) and 8. 

5. Para. 7.

6. Paras. 5, 8 and 9.

7. Cannabis and cannabis resin listed in Schedule IV are subject to some provisions not applicable to the other drugs in this Schedule; see article 2, para. 6. Cannabis resin is not separately referred to in this paragraph although it is considered to be a drug separate from cannabis in the relevant provisions. It is subjected to the same regime as cannabis; see article 1, para. 1, subparas. (b) and(d), article 28, para. 1, article 49, para.I (d) and Schedule IV.

8. Article 2. para.6

9. See above, foot-note 7.

10. As to the question whether preparations of drugs in Schedule IV can be included in Schedule III see below comments on article 3, para. 4. At present no preparations of drugs in Schedule IV are listed in Schedule 111.

11. Article2, para. 4.

12. Article2, para. 7, article20, para. 1, subpara. (b). article29, para. 3 and article 30, para.2, subpara. (a), and article25.

13. Article2, para. 7 and article28, para. 3.

14. Article23, article24, and article25, para. 1.

15. Article26.

16 Article28, paras. I and2. 11 Article2, para. 8.

18. Article2, para. 9.

19. I.e. the regimes numbered1, 3, 9,11, 13, 17, 18, 19,20, 21, 22, 23 and24.

20. Under numbers2, 4,10, 12 and 14, see also numbers6, 8 and16. 

21. Article2, para.3. 

22. The regimes numbered5, 6, 7, 8,15 and16.

23 Article26, para. 1, article27 and article49, para.2, subparas.(c), (d) and(e); see the regimes listed under numbers3, 4, 5 and6.

24 Article39.

 

Paragraph 1

1. Except as to measures of control which are limited to specified drugs, the drugs in Schedule I are subject to all measures of control applicable to drugs under this Convention and in particular to those prescribed in articles 4 (c), 19, 20, 21, 29, 30, 31, 32, 33, 34 and 37.

Commentary

1. The control provisions applicable to drugs in Schedule I constitute the standard regime under the Single Convention. The principal features of that regime are: limitation to medical and scientific purposes of all phases of narcotics trade (manufacture,' domestic trade, both wholesale and retail, and international trade) in, and of the possession and use of, drugs; requirement of governmental authorization (licensing or state ownership) of participation in any phase of the narcotics trade and of a specific authorization (import I and export authorization) of each individual international transaction; obligation of all participants in the narcotics trade to keep detailed records of their transactions in drugs; requirement of a medical prescriptions for the supply or dispensation of drugs to individuals; and a system of limiting the quantities of drugs available, by manufacture or import or both, in each country and territory , 3 to those needed for medical and scientific purposes.

2. All "drugs" are included either in Schedule I or 11; 4 drugs in Schedule IV must simultaneously be in Schedule 1. 5

3. As regards the criteria for including a drug in Schedule 1, see below, comments on article 3, paragraph 3, subparagraph (iii).

4. The term "drug" is defined to mean any of the substances in Schedules I and 11. 4 Consequently all provisions concerning "drugs" apply to drugs in Schedule I and 11 unless it is expressly indicated otherwise. The only general provision applicable to "drugs" which does not govern all drugs listed in Schedule 1, but only those of them which are simultaneously included in Schedule IV, is that of article 2, paragraph 5. The Single Convention does not state in any other place that a provision concerning "drugs" does not apply to all drugs in Schedule 1; but some drugs in Schedule I which are not listed in Schedule IV, namely opium and the coca leaf, are subject to special provisions in addition to those applicable to all drugs in Schedule 1. Cannabis and cannabis resin, which appear in both Schedule I and IV, are also governed by some additional special provisions. 1

5. These additional provisions do not refer to the general term "drugs", but state specifically that they apply respectively to opium, coca leaves or cannabis and cannabis resin. I Article 2, paragraph I sums up this situation by stating that "Except as to measures of control which are limited to specific drugs, the drugs in Schedule I are subject to all measures of control applicable to drugs". The "specific drugs" are those listed in Schedule IV and opium, the coca leaf, cannabis and cannabis resin. 11

6. The paragraph under consideration enumerates the principal control provisions applicable to all drugs in Schedule I including the "specific" drugs just mentioned. It is clear from the text that this enumeration is not meant to be exhaustive; see article 14, paragraph 2, article 18, paragraph 1, subparagraph (c), article 25, paragraph 1, subparagraph (b) and article 36, paragraph 1. 9

7. Schedule I of the Single Convention corresponds to Group I of the 1931 Convention 10 and the 1948 Protocol. 11 The regime applicable to the drugs in Schedule I corresponds to that governing drugs in Group I under the earlier treaties. The 1931 Convention divided Group I into two subgroups, subgroup (a) and (b), subgroup (a) 13 including drugs considered to be "capable of producing addiction", and subgroup (b) consisting of drugs not themselves capable of producing addiction, but convertible into addictive drugs which are not much used in medical practice. 14 The same control regime applies to both subgroups. The Single Convention does not divide Schedule I into two sections. 15

1. "Production" , , e . harvesting of opium, coca leaves, cannabis and cannabis resin (article 1, para. I, subpara. (t)) must also in principle be limited to such purposes (see article 4 (c) and article 49); but this is a provision of a specific regime and not part of the standard regime. 

2. As regards the use of the term "import certificate" see also article 31, para. 5, 

3. Article 1, para. 1, subpara.(y). 

4. Article 1 para. 1, subpara. (j).

5.  Article 2, para. 5, introductory subparagraph; see also articles 3, para. 5. 

6. Article 2, para. 6, articles 23, 24, 26, 27 and 28, para. 1; see also article 49 which refers also to extracts and tinctures of cannabis also listed in Schedule 1.

7. For the specific reference to "extracts and tinctures of cannabis" see article 49. para. 1, subpara. (d).

8. Cannabis and cannabis resin are moreover included in Schedule IV. 

9. See also articles 22, 37 and 38 and article 9, para. 3.

10. Article 1, para. 2, article 11, paras. 3, 4 and 6, article 13, para. I and article 18.

11. Article 1, para. 2 and article 2.

12. Article 1, para. 2.

13. Article 11, paras. 3 and 4 of the1931 Convention.

14. Commentary on the1931 Convention, para. 8, section2 (p. 30); such convertible drugs extensively used in medicine are in Group 11 of the narcotics regime preceding the Single Convention.

15. The 1948 Protocol does not distinguish between subgroups(a) and (b) of Group I.

 

Paragraph 2
2. The drugs in Schedule 11 are subject to the same measures of control as drugs in Schedule I with the exception of the measures prescribed in article 30, paragraphs 2 and 5, in respect of the retail trade.

Commentary
1 . It may first be noted that no drug in Schedule II can simultaneously be listed in Schedule IV. All drugs in Schedule IV must also appear in Schedule 1. 1

2. Schedule 11 corresponds to Group 11 of the 1931 Convention 2 and the 1948 Protocol . 3 The drugs in Group 11 are those which are considered not to be capable by themselves of producing "addiction" , 4 but to be convertible into such drugs, and which are widely used in medicine. 1

3. As regards the criteria applied by the Plenipotentiary Conference for inclusion in Schedule 11, see below, comments on article 3, paragraph 3, subparagraph (iii).

4. For practical reasons, i.e. in order not to place too great a burden on medical practitioners, retail pharmacists and patients, drugs in Group II of the earlier narcotics treaties were exempted from several controls applicable to drugs in Group 1. The relevant provision of the 1931 Convention, I which contains the regime governing drugs in Group II prior to the coming into force of the Single Convention, exempted the retail trade in these drugs from the system of international narcotics control. This means that under the treaties preceding the Single Convention, retail distributors of such drugs did not require a licence and did not have to keep records 7 of their transactions, as they were required to do in respect of drugs in Group 1. Medical prescriptions were also not needed for the supply or dispensation of drugs in Group 11. Moreover Governments were not required to furnish 8 in regard to such drugs quarterly import and export statistics, but only annual statistics, and did not have to report figures on their consumption. The estimates of their requirements of drugs in Group II which Governments were bound to furnish under the 1931 Convention 9 could include a wider margin than in the case of drugs in Group 1. 10 If requested" to explain the estimates of drugs in Group 11, Governments could limit their reply to a "summary statement", i.e. they did not have to go into the same detail as in the case of a request for explanations in respect of drugs in Group 1. 12 Finally, preparations of drugs of Group II "adapted to a normal therapeutic use" were exempted from the administrative controls of the 1925 Convention, in particular from its import certificate and export authorization system Is (i.e. from the requirement of a special government authorization of each import and export). Under the conventions preceding the Single Convention, such preparations of Group 11 drugs had the same exempted position as preparations exempted from the controls of the 1925 Convention 11 by a decision of the World Health Organization under article 8 15 of that Convention. They were in fact exempted from control as regards both internal distribution (wholesale and retail) and international trade. 16

5. The Single Convention places drugs in Schedule 11 under a considerably stricter regime than the earlier treaties for the drugs of Group 11. Drugs in Schedule II are subject to the same measures of control as drugs in Schedule 1, with only a few exceptions indicated in article 2, paragraph 2, 11 i.e. they are not subject to the provisions of article 30, paragraphs 2 and 5, as regards the retail trade. Governments are thus not bound to prevent the accumulation of drugs in Schedule II in the possession of retail distributors, in excess of the quantities required for the normal conduct of business. "I Medical prescriptions for the supply or dispensation of these drugs to individuals are not obligatory. 19 Such drugs are also exempted from the provision-which in fact is no more than a suggestion--concerning the use of official prescription forms in the shape of counterfoil books issued by the competent governmental authorities or by authorized professional associations. 10 Furthermore, Parties to the Single Convention need not require that the label under which a drug in Schedule 11 is offered for sale in the retail trade show the exact content by weight or percentage . 21 No express provision is made for a privileged position for preparations of drugs in Schedule II which are "adapted to a normal therapeutic use", but the same effect is obtained by including in Schedule III preparations of drugs in Schedule 11 which, as defined in that Schedule, are in fact "adapted to a normal therapeutic use"; see below, comments on article 2, paragraph 4.

6. Contrary to the situation as it existed in regard to drugs of Group 11 under the earlier treaties, the Single Convention requires a licence for the retail trade in, or retail distribution of, drugs in Schedule 11, except where such trade or distribution is carried out by a State enterprise. It even prescribes "control under license" for the establishments and premises in which the retail trade in, or retail distribution of, drugs in Schedule 11 takes place. This provision does not, however, apply to any preparations, including preparations of drugs in Schedule 11. Governments must also quite generally control all persons and enterprises carrying on or engaged in the trade in or distribution of all drugs, including drugs in Schedule 11 and the retail trade and distribution. 12

7. It may in particular be noted that, contrary to the regime applicable under the earlier treaties to drugs of Group II such as codeine and ethylmorphine, Parties to the Single Convention must furnish figures on the consumption of drugs in Schedule 11 andquarterly statistics concerning their imports and exports of these drugs. 23

8. The fact that only annual import and export statistics of drugs in Group II had to be supplied by Parties to the earlier treaties excluded these drugs from the application of article 14, paragraph 2 of the 1931 Convention. Under this paragraph the Permanent Central Board 24 could, as the International Narcotics Control Board 25 can still do at present, order the discontinuation of the export of narcotic drugs to any country or territory during the current year in question if it learned from the information which it obtained under article 14, paragraph 1 26 of the 1931 Convention and in particular also from the (quarterly) import and export statistics which it received, that the quantity of the drugs in question exported or authorized to be exported to that country or territory exceeded its import limits, as defined in article 14, paragraph 2, for the year concerned. The Permanent Central Board could not apply this provision to drugs in Group II, in respect of which it received import and export statistics only annually, since it did not receive the data and therefore could not act during the year in which the excessive imports occurred, and it was only for the duration of that year that the Board was authorized to impose the embargo.

9. Article 21, paragraph 4 of the Single Convention is basically the same provision. 21 The International Narcotics Control Board, however, can apply this provision to drugs in Schedule 11, since it receives quarterly import and export statistics in respect of them . 28 See below, comments on article 24, paragraph 4.

10. Drugs in Schedule 11 are exempted only from those controls applicable to drugs in Schedule I which are expressly mentioned in article 2, paragraph 2. They are, in particular, not exempted from the application of article 34, paragraph (b) which requires,inter alia, "traders", including retail traders, "to keep such records as will show the quantities... of each individual acquisition and disposal of drugs". Medical practioners (physicians, surgeons, dentists and veterinarians) are not "traders" in the sense in which this word is used in this paragraph. This is confirmed by the fact that it was suggested at the Plenipotentiary Conference to include medical practitioners in addition to "traders" in the enumeration of those required to keep records. This suggestion was not adopted because medical practitioners "were too busy to keep records of every administration of narcotic drugs" . 2 9The Single Convention does not provide for the keeping of records by medical practitioners,either in respect of drugs in Schedule 11 or of those in Schedule 1.

11. The term "traders" as used in article 34, paragraph (b) undoubtedly includes, however, pharmacists, who are therefore bound to keep records of each individual acquisition and disposal of drugs. The necessity for such a provision regarding drugs in Schedule I can hardly be questioned; but it is ,nowhere stated in the Single Convention that it does not also apply to drugs in Schedule 11. It is, however, suggested that it was hardly the intention of the Plenipotentiary Conference to require the keeping of records of the retail distribution of drugs in Schedule 11, in particular not of that by pharmacists. The records of the sale of drugs to individuals are mostly maintained by retaining and preserving the medical prescriptions or copies of them. '0 Medical prescriptions are however not required by the Single Convention for drugs in Schedule 11. Moreover, to obligate pharmacists to keep a record of each sale of such widely used drugs in Schedule 11 as codeine might in some countries impose a burden which would affect adversely the achievement of one of the purposes of the Single Convention expressed in its Preamble, namely that of making "adequate provision... to ensure the availability of narcotic "drugs" "for the relief of pain and suffering". In fact, a number of Parties to the Single Convention do not require pharmacists to keep records of their retail sale of drugs in Schedule 11, and other Parties have not objected to this. It may be assumed that a kind of understanding exists that Governments are Mot bound to impose such an obligation on pharmacists. It would seem to have been by oversight that the Plenipotentiary Conference did not expressly exempt retail sales of drugs in Schedule It from the requirement of keeping records. There is, however, no doubt about the need for obligating pharmacists to keep exact records of their acquisitions of drugs in Schedule 11. See also comments to article 34, paragraph (b).

12. Attention is finally drawn to article 39, which expressly states that Parties are not precluded from adopting more strict or severe controls than those provided by the Single Convention and in particular from requiring that drugs in Schedule 11 be subject to measures of control applicable to drugs in Schedule I from which they are exempted by the Convention.

1. Article 2, para. 5.

2. Article 1, para. 2, article 11, paras. 3, 4 and 6 and article 13, para. 2.

3. Article 1, para. 2,

4. As to the term "addiction", see below, comments on article 38.

5. Drugs of this nature of no or limited medical use are in subgroup (b) of Group I of the earlier narcotics treaties; see above, comments on article 2, para. I andCommen
tary on the 1931 Convention, para. 8, Section 2, pp. 29-30; see article 11, paras. 3 and 4 of that Convention and article 1, para. 2 of the 1948 Protocol. Codeine, which is
slightly addiction-producing, was included in Group 11 of the 1931 Convention, not because of this property, but because of its capacity to be converted into "addiction" producing drugs and of its wide use in medicine.

6 Article13, para.2; "the interpretation of this paragraph presents certain difficulties";Commentary on the1931 Convention, para.135, p. 174. The description of the regime governing drugs in Group 11 accepts the interpretation of theCommentary, paras.135138.

7. By entries in books or retaining the medical prescriptions; article 6. para.(c) of the1925 Convention together with article13, para.2, subpara.(a) of the1931 Convention.

8 Formerly to the Permanent Central Board and now to the International Narcotics Control Board; see article45 of the Single Convention; see also above comments on article 1, para. 1, subpara.(a).

9. Articles2-5.

10 Article5. para.3.

11 Formerly by the Drug Supervisory Body now by the International Narcotics Control Board, article45 of the Single Convention,; see comments on this article.

12 Article5, para.6, second subpara.of the1931 Convention;Commentary on the1931 Convention, para.74, p. 121.

13. Chapter V of the1925 Convention, article13, para.2 of the1931 Convention.

14. Requirementof licensing, import and export authorization, statistical reporting, record keeping, medical prescription, limitation of trade and use to medical and scientific purposes.

15 Article8 as amended by the1946 Protocol; the decision to exempt was, under terms of the unamended text, taken by the Health Committee of the Leagueof Nations.

16  Commentary on the1931 Convention, para.50, p. 80.

17 See also article 30, para. 6.

18 Article 30, para. 2, subpara. (a). The corresponding, but somewhat different provisions of article 16, para. 1, subparas. (a) and (b) and para. 2 of the 1931 Convention apply only to manufacturers and not to distributors, neither wholesale nor retail. See below, comments on article 30, para. 2, subpara. (a).

19 Article 30, para. 2, subpara. (b), clause (i).

20 Article 30, para. 2, subpara. (b), clause (ii); see below, comments on this clause.

21 Article 30, para. 5. The provision applies only to drugs in Schedule I other than drugs dispensed to individuals on medical prescription. The corresponding but somewhat different provision of article 19 of the 1931 Convention applies to all narcotic drugs and their preparations, including drugs of Group 11 and their preparations whether "adapted to a normal therapeutic use" or not, and even to preparations exempted by a decision under article 8 of the 1925 Convention. Article 19 requires that "the labels under which any of the drugs, or preparations containing those drugs, are offered for sale, shall show the percentage of the drugs"; see below, comments on article 30, para. 5; see also Commentary on the 1931 Convention, para. 189, page 208.

22. Article 30, para. 1, subpara. (b), clauses (i) and (ii) together with para. 6; see below comments on these clauses. The requirement of licensing of "establishments and premises" applies only to the manufacture of drugs under the earlier conventions; the general requirement of "control" just mentioned in the main body of the text does not apply to the retail trade in drugs of Group 11 under these treaties. See article 6 of the 1925 Convention together with article 13, para. 2 of the 1931 Convention; see also article 10 of the 1912 Convention. This article, forming a part of Chapter III of the Convention, was replaced by the provisions of the 1925 Convention as between Parties to this Convention; article 31 of the 1925 Convention.

23 Article 20, para. 1, subparas. (c) and (d) and para, 2, subpara. (b) together with article 2, para. 2 of the Single Convention.

24 See above comments on article 1, para. 1, subpara. (a). 

25 Article 45 of the Single Convention.

26 Article 14, para. I is in this procedure only of minor importance. Its provisions are obsolete and were not taken over by the Single Convention. It requires a Party which has authorized the export of any of the drugs in Group I of the 1931 Convention to a country or territory to which neither this Convention nor the 1925 Convention applies to inform immediately the Permanent Central Board of this authorization provided that if the amount to be exported is five kilogram or more the authorization shall not be issued until the Party concerned has ascertained from the Permanent Central Board that the export to be authorized will not cause "the estimates" i.e. the import limits of the importing country or territory to be exceeded. The functions of the Permanent Central Board under this para. have been taken over by the International Narcotics Control Board (Article 45 of the Single Convention). As regards the use of the word "estimates" in article 14, para. I in the sense of "the total of the estimates" seeCommentary on the 1931 Convention, para. 144, p. 183; see also below foot-note 4 to the comments on article 19, para. 5 of the Single Convention; see alsoCommentary on the 1931 Convention, para. 146, p. 184.

27 The embargo foreseen in article 14, para. 2 of the 1931 Convention has often been referred to as "automatic embargo" because the Permanent Central Narcotics Board was under an obligation to impose the embargo which was binding upon the exporting Parties, in contradistinction to the cases of articles24 and26 of the1925 Convention and of article14, para, 3 of the 1931 Convention in which the Permanent Central Board could onlyrecommend the embargo and had the discretion to do so or not. For the "mandatory embargo" in respect of opium see art.12, para. 3 of the 1953 Protocol; for the recommendation of an opium embargo see para.2 of this article, see also article 8, para. I I of the Protocol.

28 The International Narcotics Control Board is, however, not bound to impose the embargo-it may choose not to do it.

29 Records, vol. 11, pp. 145-146, in particular page145; see also vol.1, p. 36.

30 See also article 6 of the 1926 Convention

Paragraph 3

3. Preparations other than those in Schedule III are subject to the some measures of control as the drugs which they contain, but estimates (article 19) and statistics (article 20) distinct from those dealing with these drugs shall not be required in the case of such preparations, and article 29, paragraph 2 (c) and article 30, paragraph 1 (b) (11) need not apply.

Commentary

1. Drugs are mostly not used in their pure state for medical purposes, but rather in form of their salts and particularly of "preparations", i.e. of mixtures which contain other substances in addition to the drugs or their salts. I The effect of a preparation, and thus its possible harmful character, generally depend on the nature of the drug which it contains. Paragraph 3 therefore provides that preparations are "subject to the same control measures as the drugs which they contain". If a preparation contains two drugs falling under different regimes, it is to be controlled by the more strict control system. This means that if a preparation contains one drug listed in Schedule I and another one listed in Schedule 11, it would be controlled by the regime applicable to drugs in Schedule 1. It would thus be subject to the provisions governing drugs in Schedule I as well as to those governing drugs in Schedule 11, since the measures prescribed for drugs in the former Schedule include all those applicable to drugs in the latter Schedule.

2. The estimates of their drug requirements 2 and the statistical returns which Governments must furnish to the Board should include the quantities of the pure drug contained in crude drugs, refined drugs and their salts and preparations . 4 This reduction to a common denominator makes it possible to avoid multiple counting. Paragraph 3 stipulates therefore that estimates and statistics distinct from those relating to the drugs which they contain are not required. 5 See below comments on articles 19 and 20 and above comments on article 1, paragraph 1, subparagraph (n).

3. Licensed drug manufacturers must obtain Periodical permits specifying the kinds and amounts of drugs which they are entitled to make. 6 This provision enables Governments to assign manufacturing quotas to each authorized drug factory in order to prevent the quantities which are manufactured from exceeding the limits allowed under the terms of the Single Convention. The limits of drug supplies which countries and territories I may obtain by manufacture or import or both are expressed in terms of the pure drug content of the crude and refined drugs and of their salts and preparations, as are the abovementioned estimates of drug requirements which Governments must furnish and on the basis of which the limits are computed. 11 Since the Single Convention prescribes no limits for the supply of preparations apart from those for the drugs which they contain, no provision is made requiring periodical permits to be obtained by licensed manufacturers of preparations. See also comments on article 29, paragraph 2, subparagraph (c).

4. Under the narcotics treaties preceding the Single Convention, establishments and premises in which the manufacture of drugs takes place require a licence. This licence is in addition to that which the manufacturers themselves (natural or legal persons) must obtain. The requirement of licensing of establishments and premises does not apply to the manufacture of preparations, nor to the trade in drugs and their preparations. 9 This licensing is prescribed under the Single Convention not only for the manufacture of drugs, but also for that of preparations and for the trade in drugs but not in preparations 10 See also below, comments on article 29, paragraph 2, subparagraph(b) and on article 30, paragraph 1, subparagraph(b).

1. Article 1, para. 1, subpara. (s).

2. Article19.

3. Article 20.

4. See Forms of Board B/S (6th edition, March 1970), instruction No. 4 and C/S (4th 4 See November1969), instruction No. 3 and A/S (5th edition, November 1969), instruction No. 3.

5. See also article 5, para. 2, introductory subparagraph of the1931 Convention.

5. As regards preparations listed in Schedule 111, see article 2, paragraph 4 and comments thereon.

6 Article29, para. 2, subpara.(c). 7 Article 1, para. 1, subpara.(y). 8 Article21, para. 1. 9 Article 6, subparas. (a) and(b) of the1925 Convention and article 13 of the 1931 Convention. 10 Article29, para,2, subpara.(b), article 30, para. 1, subpara.(b), clause (ii) and article2, para. 3.

Paragraph 4

4. Preparations in Schedule III are subject to the same measures of control as preparations containing drugs in Schedule 11 except that article 31, paragraphs I (b) and 4 to 15 need not apply, and that for the purpose of estimates (article 19) and statistics (article 20) the information required shall be restricted to the quantities of drugs used in the manufacture of such preparations.

Commentary

1. Schedule III contains preparations which enjoy a privileged position under the Single Convention, i.e. are subject to a less strict regime than other Preparations. Thew form a category which which are referred to in the 1931 Convention 11 as "preparations for the export of which export authorizations are not required" and which are often somewhat inexactly called "exempted preparations".

2. The "exempted preparations" under the treaties preceding the Single Convention are:

(a) Preparations expressly exempted from the provisions of the 1925 Convention; 2

(b) Preparations of drugs in Group 11 of the 1931 Convention (and of the 1948 Protocol) which are "adapted to a normal therapeutic use"; 3

(c) Preparations exempted from the 1925 Convention by a decision of the Health Committee of the League of Nations (under the unamended text of article 8 of the 1925 Convention) or by the World Health Organization (under that article as amended by the 1946 Protocol).

3. These preparations were exempted from the application of the 1925 Convention and were subject to only a few rules of the 1931 Convention. Governments, had to include the quantities of drugs required for the manufacture of these preparations in the estimates which they furnished of the' quantities of drugs which they needed "for use as such for medical and scientific needs".,' They were bound to require wholesalers within their territories to make, at the close of each year, reports stating the amount of each drug contained in those preparations which they had exported or imported during the year. 5 Governments were obliged to include in their annual statistics the amounts of drugs used by their manufacturers and wholesalers for the compounding of preparations mentioned above under (a) and (c). This obligation to furnish information did not cover preparations of drugs in Group 11 "adapted to a normal therapeutic use", mentioned under (b). I Finally, Governments were obliged to require that the labels under which the preparations listed under (a), (b) and (c) above are offered for sale show the percentage of the drugs which they contain. 

4. The Single Convention places the preparations in Schedule III under a considerably stricter regime than applied under the earlier treaties to "preparations for the export of which authorizations are not required".

5. The number of the former is much smaller than that of the latter. 9 As regards the criteria for including a preparation in Schedule 111, and as to the question of placing in that Schedule preparations of drugs in Schedule IV, see below, comments on article 3, paragraph 4.

6. The Single Convention does not contain any express provision concerning preparations of drugs in Schedule 11 "adapted to a normal therapeutic use" which would correspond to the provision of the 1931 Convention exempting from the controls of the1925 Convention such preparations of drugs in Group 11. Nor does Schedule III contain a general entry regarding preparations of drugs in Schedule 11 "adapted to a normal therapeutic use". it includes, however, at the time of this writing 9 preparations of most drugs in Schedule 11 listed individually. The common characteristics which these preparations must have to be part of the Schedule are described. They indicate that the preparations are in fact "adapted to a normal therapeutic use

7. Preparations in Schedule III are subject to the same regime as preparations of drugs in Schedule 11, with the exceptions mentioned in article 2, paragraph 4. " For the regime applicable to preparations of drugs in Schedule 11, see above comments on article 2, paragraphs 2 and 3.

8. As regards the exceptions, they are: (i) government authorizations are not required for each import or export of preparations in Schedule 111. The import certificate and export authorization system laid down in article 31, paragraphs 4 to 15, which governs the international transactions in drugs and their preparations, does not apply to the preparations in Schedule 111, (ii) parties to the Single Convention must include in the estimates of their drug requirements which they must furnish to the Board an estimate of the quantities of drugs to be utilized for the compounding of preparations in Schedule 111, 11 and in their statistical returns information on the amounts of drugs actually so used; 11 but apart from that, the estimates and statistical returns need not contain any information on preparations in Schedule 111. 13

9. The following measures must be applied to preparations in Schedule III because of their being subject to the regime governing preparations of substances in Schedule ll: licensing of manufacture and trade (wholesale and retail) except when carried out by a State enterprise;" control under licence of the establishment and premises in which manufacture takes place; 15 in general, control of all persons and enterprises engaged in manufacture, trade or distribution; 16 the requirement that manufacturers and traders keep detailed records; 11 the limitation to medical and scientific purposes of manufacture, trade, possession and use. 18

10. On the other hand, Governments are not bound to prevent the accumulation of preparations in Schedule III in the possession of retail traders
in excess of the quantities required for the normal conduct of business. Medical prescriptions are not required for the supply or dispensation of these
preparations. 19 It is also expressly stated that the provision of article 31, paragraph 1, subparagraph ( (b) does not apply to preparations in Schedule 111. Under this provision Parties must not knowingly permit the export of drugs and preparations to a country or territory in excess of the total of the estimates of the drug requirements of the importing country or territory concerned, as defined in article 19, paragraph 2 of the Single Convention. 20 Preparations in Schedule III are also exempted from the provisions regarding the use of official forms for medical prescriptions and from those concerning labels of drugs offered for retail sale. 21

11. For the reasons given in the comments on article 2, paragraph 2, medical practitioners are not "traders" within the meaning of article 34, paragraph (b). The Single Convention, therefore does not require the keeping of records by medical practitioners in respect of preparations in Schedule 111, or indeed concerning any drug or other preparation.

12. The Single Convention does not, however, contain any provision which would exempt pharmacists, who are undoubtedly "traders" in the sense in which this term is used in article 34, paragraph (b), from the obligations arising under this provision in respect to preparations in Schedule 111. If the Single Convention is taken literally, Parties would have to require pharmacists to keep "such records" as would "show the quantities... of each individual acquisition and disposal" of preparations in Schedule 111. While keeping the record of acquisitions would mostly not be a very onerous requirement, to maintain records of the disposal of such preparations may be very burdensome, and would, in the case of those preparations which the pharmacists do not compound themselves but acquire in ready form, also be entirely unnecessary from the viewpoint of narcotics control.

13. For the reasons given in the comments on article 2, paragraph 2, concerning the exemption of drugs in Schedule 11 and their preparations, from the obligation of pharmacists to keep records of individual sales, but a fortiori, it is suggested that Parties to the Single Convention need not require pharmacists to maintain records of their sales of ready-made preparations in Schedule 111. The Single Convention exempts such preparations from the requirement of a medical prescription. As mentioned in these comments, the sales records of pharmacists are often composed of the original medical prescriptions and sometimes of copies which are retained and filed. In view of the exemption from the prescription requirement, it can hardly be assumed that the authors of the Single Convention wished to provide for the maintenance of these records. Their failure to exclude from article 34, paragraph (b) the retail sale of preparations in Schedule III was obviously an oversight. Moreover, numerous Parties to the Single Convention-without objection from other Parties-continue not to require the maintenance of records of such sales by pharmacists. It seems to be generally agreed that Parties need not require these records.

14. Maintenance by pharmacists of records of the acquisition of preparations in Schedule III appears, however, to have some value. Such records enable the authorities to verify the correctness of the records of the manufacturers or wholesalers who compounded the preparations and from whom the pharmacists bought them.

15. The compounding by retail pharmacists of preparations, including preparations in Schedule 111, has now become rather rare. The pharmacists normally buy the preparations in ready form from those who manufacture them. As mentioned before, records of retail sales of preparations in Schedule III sold in ready-made form are without value; but each supply or dispensation to an individual of a preparation listed in Schedule III of a drug in Schedule 1, 12 and which the pharmacist compounds himself, should be recorded. Otherwise a gap in the control system would exist through which dishonest retail traders could divert into illicit channels dangerous drugs which they could pretend to have used for the manufacture of preparations in Schedule III and sold without records. This does not apply to preparations of drugs in Schedule II, which are not considered to be very dangerous by themselves, and whose retail sale is therefore not subject to the requirements of a medical prescription or of record-keeping by pharmacists. 23

16. It has been mentioned above that Governments must limit to medical and scientific purposes the manufacture of, trade in, possession and use of preparations in Schedule 111. The Single Convention does not contain any provision exempting such preparations from article 4, paragraph (c) which provides for this obligation. Since the preparations are, however, not subject to the requirement of medical prescription or to the import certificate and export authorization system, it results that Governments need do no more than apply the licensing system and require the keeping of records , 24 and enforce both requirements by adequate penal sanctions, 21, in order to carry out their obligation under article 4, paragraph (c) in respect of the international and retail trade in, and of use and possession of, preparations in Schedule 111. As regards the unauthorized possession of preparations in Schedule III for personal consumption, see below, comments on article 33.

17. Attention is drawn to article 39 expressly stating that a Party is not precluded "from adopting measures of control more strict or severe than those provided by this Convention and in particular from requiring that preparations in Schedule III... be subject to all or such of the measures of control applicable to drugs in Schedule I as in its opinion is necessary or desirable for the protection of the public health and welfare".

18. It will be noted that the English text of article 2, paragraph 4 differs from the French and Spanish versions. The English text exempts preparations in Schedule III from the application of article 31, paragraphs 4 to 15 while the two other language versions exempt them from article 31, paragraphs 3 to 15. For a discussion of this divergence see below, comments on article 31, paragraph 3, subparagraph (a).

1 Article 5, para. 2, subpara. (a), article 6, para. 1, subpara. (a), article 14, para. 3. subpara. (g), article 17, last para. and article 22; see also the forms of the Board A/S (5th edition, November 1969), instruction No. 5, B/S (6th edition, March 1970). instruction No. 6 and heading of column 2 (b), and Annex to the statistical forms ("Yellow List") (14th edition, March 1970), Part 11, p. 4.

2 Article 4 (c) of the 1925 Convention and article 13, para. I of the 1931 Convention; see also article 9 of the 1925 Convention.

3 Article 13, para. 2, subpara. (b) and Commentary on the 1931 Convention, para. 135, p. 175.

4 Article 5, para. 2, subpara. (a) of the 1931 Convention; see also article 6, para. 1, subpara. (a).

6 Article 17, last para. of the 1931 Convention, Commentary on the 1931 Convention, para. 183, pp. 204-205.

7 Article 22, first para. of the 1931 Convention; Commentary on the 1931 Convention, para. 193, p. 213.

8 Article 19 of the 1931 Convention, Commentary on the 1931 Convention, para 189. p 208.

8 For the long list of preparations "exempted" under the earlier treaties see Schedule III of the Third Draft of the Single Convention on Narcotic Drugs (document E/CN.7/AC.3/9/Add.1), which included the "exemptions" as they existed at the time of the preparation of the addendum to that Draft in 1958. SeeRecords, vol. 11, pp, 23 et seq.; for the deletion of numerous entries from the draft list of exemptions by the Technical Committee of the Plenipotentiary Conference, seeRecords, vol. 11, pp. 101106.

9 At the time of the adoption of the Single Convention by the Plenipotentiary Conference Schedule III included preparations of all drugs in Schedule 11.

10 See also article 31, para. 16.

11 Article 19, para. 1, subpara, (b).

12 Article 20, para. 1, subpara, (b).

13 Parties to the Single Convention would however have to furnish, in addition to the limited information just mentioned, such other data regarding preparations in Schedule III as the Commission may request as being necessary for the performance of its functions: article I 8 para I introductory subparagraph

14 Article 29, para. 1, article 30, para. 1, subpara (a); for article 31, para. 3, subpara. (a) see farther below and comments on this paragraph.

15 Article 29, para. 2, subpara. (b).

16 Article 29, para. 2, subpara. (a), article 30, para. 1, subpara. (b), clause (i) for article 3 1, para. 3, subpara. (b), see below, comments on article 3 1, para. 3, subpara. (a).

17 Article 34, para. (b).

18 Article 4, para. (c); article 30, para. 4 concerning the marking of the interior package or wrapping thereof also appears to apply to preparations in Schedule 111.

19 Article 30, paras. 2 and 6 in connexion with articles 2, paras. 3 and 4.

20 It appears on the other hand that a Party may not manufacture a quantity of preparations in Schedule III which contain a larger quantity of drugs than that given in its estimate of the amounts to be utilized for that manufacture; see article 19, para. 1, subpara. (b) and para. 5: see below comments on that para. 5. The preparations in Schedule III made be retail pharmacists are, however, not to be taken into account, since the drugs contained in them are considered to be "consumed"; see article 1, para. 2 and comments thereon.

21 Article 30, para. 2, subpara. (b) clause (ii) and para. 5 in connexion with article 2, paras. 3 and 4. The provision of article 19 of the 1931 Convention regarding labels applies, however, to preparations "exempted" under the earlier treaties-, seeCommentary on the 1931 Convention, para. 189, p. 208.

22 Preparations of opium, morphine, cocaine and diphenoxylate, all four drugs in Schedule I are included in Schedule III at the time of writing.

23 See above comments on article 2, para. 2.

24 See however above the comments on the question of records of retail sales 

25 Article 36.

 

Paragraph 5

5. The drugs in Schedule IV shall also be included in Schedule I and subject to all measures of control applicable to drugs in the latter schedule, and in addition thereto: 

(a) A Party shall adopt any special measures of control which in its opinion are necessary having regard to the particularly dangerous properties of a drug so included; and 

(b) A Party shall, if in its opinion the prevailing conditions in its country render it the most appropriate means of protecting the public health and welfare, prohibit the production, manufacture, export and import of, trade in, possession or use of any such drug except for amounts which may be necessary for medical and scientific research only, including clinical trials therewith to be conducted under or subject to the direct supervision and control of the Party.

Commentary

1. It will be recalled that while drugs in Schedule IV are also listed in Schedule 1, drugs in Schedule 11 are not.

2. As regards the criteria for including drugs in Schedule IV and for placing preparations of such drugs in Schedule 111, see below, comments on article 3, paragraphs 4 and 5.

3. The introductory paragraph expressly states that "the drugs in Schedule IV shall also be... subject to all measures of control applicable to drugs" in Schedule 1. This refers, of course, only to the general measures applicable to all drugs in Schedule 1, and not to those specially provided for, and limited to, specified drugs . 2 Cannabis and cannabis resin, which the Plenipotentiary Conference included in Schedule IV and which at the time of this writing are still listed in that Schedule, are subject to such special provisions 3 in addition to those governing all drugs in Schedule I and to those of article 2, paragraph 5 relating to all drugs in Schedule IV. Two rules are provided for all drugs in Schedule IV, one general rule in subparagraph (a), and a specific rule in subparagraph (b) relating to measures of prohibition.

4. The general rule of subparagraph (a) requires a Party "to adopt any special measures of control which in its opinion are necessary having regard to the particularly dangerous properties" of the drug concerned. Such special measures might be, for example, a requirement that manufacturers draw the special attention of physicians to the dangerous properties, particular restrictions on the therapeutic use, or even measures of prohibition such as those referred to in subparagraph (b). A Party is obliged to apply such special measures only if it believes them to be necessary. Its opinion on this matter could generally not be challenged by another Party; but the provision of subparagraph (a) must be carried out in good faith, like other treaty provisions. If a Party believed, in reality, that special measures were required, but refused to adopt them and claimed they were unnecessary, it would not be acting in good faith and thus would violate its obligation under subparagraph (a).

5. A Party is likewise obligated to take measures under subparagraph(b) only if it believes them to be "the most appropriate means of protecting public health and welfare". Here again the Party would have to act in good faith. Its "opinion" would have to bebona fide. its refusal on whatever pretext to adopt measures under subparagraph(b) which it considers necessary would constitute a treaty violation.

6. Whether the prohibition of drugs in Schedule IV (Cannabis and cannabis resin, desomorphine, heroin, ketobemidone) should be mandatory or only recommended was a controversial question at the Plenipotentiary Conference . 4 This was a continuation of a long-lasting international controversy regarding the usefulness of prohibiting particularly dangerous drugs without therapeutic properties not obtainable from other less dangerous substances. A proposal to abolish the use of heroin was made as early as 1923 in the League of Nations' Advisory Committee on Traffic in Opium and Other Dangerous Drugs. 5 Such proposals were also made at the Geneva Conferences of 1924/25 and of 1931, which respectively concluded the 1925 and 1931 Convention, but were not adopted.' The 1931 Conference, by way of compromise, included article 10 in the 1931 Convention, imposing a particularly restrictive regime on the international trade in heroin (diacetylmorphine).4 Under this provision exports of diacetylmorphine and of its preparations were prohibited. The only exception was for shipments to a country which did not manufacture the drug. Moreover only such quantities could be exported as were necessary for the importing country's medical and scientific needs. The shipment had to be specially requested by the Government of that country, and consigned to the Government Department indicated in the import certificate. The Conference also adopted a recommendation (VI) to the effect that each Government should examine in conjunction with the medical profession the possibility of abolishing or restricting the use of heroin. 7 While opposition to the discontinuation of the use of heroin was formerly based on the assertion that it still had some specific medical value not obtainable from other less dangerous drugs, more recent objections rested on the belief that the decision regarding prohibition should be left to the judgment of each Government, and that international organs should limit themselves to recommending prohibition where advisable, but should not be authorized to prescribe it in a mandatory manner. In fact, this was also the position of those delegates to the Plenipotentiary Conference who opposed a provision in the Third Draft of the Single Convention 8 which would have established a mandatory prohibition of the production, I manufacture of, trade in, possession and use of drugs in Schedule IV except for small amounts for research purposes. The opponents included representatives of States which in fact had adopted the prohibitions in question. Article 2, paragraph 5, subparagraph (b) constitutes a compromise which leaves prohibition to the judgement, though theoretically not to the discretion, of each Party.

7. In the post-war period, international efforts to bring about the discontinuation of the use of heroin 10 were extended to other drugs. In line with those endeavours, the Plenipotentiary Conference included in Schedule IV cannabis and cannabis resin, 11 desomorphine (dihydrodesoxymorphine) 12 and ketobemidone. 13

8. For a considerable period of time-and still at the time of writingthere has been no significant diversion of legally manufactured drugs from legal trade into illicit channels; but if a Government were unable to prevent such a diversion of drugs in Schedule IV, a situation would arise in which the measures of prohibition mentioned in subparagraph(b) would be "the most appropriate means of protecting the public health and welfare". Whether this was or was not the case would be left to the judgement of the Party concerned whosebona fide opinion on this matter could not be challenged by any other Party.

9. Another situation in which measures of prohibition would be "appropriate" for the protection of public health and welfare might exist where the members of the medical profession administered or prescribed drugs in Schedule IV in an unduly extensive way, and other less radical measures, such as warnings by public authorities, professional associations or manufacturers, were ineffective. It may however be assumed that such a situation could rarely if ever arise.

10. It is also suggested that the prohibition of manufacture referred to in subparagraph(b) will generally not cover the manufacture of heroin as an intermediary product in the manufacture of nalorphine. Heroin in such cases is often only an intermediary stage in a continuous process of manufacture of nalorphine, and such heroin presents no real risk of diversion. Should, however, this risk be considerable, it would become an appropriate public health measure to extend the prohibition of manufacture to the intermediary product.

11. While medical purposes authorized by the Single Convention 14 include use in veterinary medicine, it may be pointed out that the protection of human health, "I and not that of animals, however desirable from a general view point, is the aim of the treaty. Where the trade in and use of drugs in Schedule IV for veterinary purposes do not affect the appropriate protection of public health and welfare, they do not need to be subjected to the prohibitions of subparagraph(b). It is evident that a prohibition covering only production or manufacture of, trade in, and use of, drugs in Schedule IV for the purpose of treating human beings would not be the same as the measure defined in subparagraph (b), since the only exception allowed is that for "medical and scientific research" "including clinical trials", which does not include treatment in veterinary practice; but where prohibition for purposes of veterinary medicine is not needed, the full measure of prohibition defined in subparagraph (b) might not always be "the most appropriate means of protecting the public health and welfare", and an exception from the prohibition for veterinary purposes might be more "appropriate". Such a limited prohibition not applied to veterinary medicine might be one of the "special measures" referred to in subparagraph (a); but it would obviously not suffice where the reason for the prohibition was a significant risk of diversion of drugs into the illicit traffic, and not merely their unduly extensive use in the treatment of human beings.

12. The phrase "clinical trials" refers to the use of the drugs on human beings. It may be noted that only "clinical trials", and not any other medical or scientific research with drugs in Schedule IV, must under subparagraph (b) be "under or subject to the direct supervision and control of the Party" concerned. Purely chemical research or research on animals need not be "under or subject to" such "supervision and control".

13. The phrase of subparagraph (b) describing the supervision and control which must be exercised over clinical trials uses three different expressions to indicate that the steps required of Governments go beyond the control measures which the Parties are normally required to take to control the trade in and use of drugs under the terms of the Single Convention.

(a) First, the clinical trials must be "under or subject to" the direct supervision and control of the Party concerned. The word "under" refers to continuous measures of supervision and control, while the alternative phrase "or subject to" relates to intermittent governmental actions. Where a system of continuous supervision and control is not applied, intermittent steps of surveillance would be sufficient.

(b) The supervision and control must be "direct". This appears to indicate that reporting to the authorities on clinical trials and keeping detailed records of the research activities and of the drugs used would not be sufficient. It appears that Governments would also from time to time, have to inspect, by visits of officials, the execution of the clinical trials in question.

(c) Measures of "supervision and control" are required. It would not be sufficient if Governments limited themselves to a "supervisory" role, i.e. to obtaining information on the execution of the clinical trials and of the use of drugs therein. They would, in addition, have to exercise an influence, by general regulations or particular instructions, on the way in which the clinical trials were carried out, that is, they would also have to take measures of "control".

14. Cannabis and cannabis resin were, at the time of the adoption of the Single Convention and still at the time of this writing, the only drugs in Schedule IV whose "production", i.e. separation 16 from the cannabis plant, might have to be prohibited under article 2, paragraph 5, subparagraph (b). The other drugs "I which were included in that Schedule by the Plenipotentiary Conference and those added thereto by the Commission are obtained by ,,manufacture" 19 and not by "production". Extracts and tinctures of cannabis which are manufactured from cannabis are listed only in Schedule I and not in Schedule IV. 20

15. A prohibition of "production" of cannabis and cannabis resin would not necessarily imply a prohibition of the cultivation of the plant itself. Cultivation itself might, however, have to be prohibited under the conditions of article 22 . 21

16. The French text of article 2, paragraph 5, subparagraph (b) differs from the English text by requiring only that the measure must be the most appropriate means for the protection of "la sante publique", while the English text uses the phrase "public healthand welfare" and the Spanish text the phrase "la salud y el bienestar publicos The French text omits any word for the words "welfare" and "bienestar" in the two other texts. It is, however, suggested that the meaning of the three versions is nevertheless the same. The protection of "public health" is simultaneously a protection of "public welfare".

1. See above comments on article 2, para. 2.

2. See article 2, para. I and comments thereon.

3. Article 28, para. 1, and article 49.

4. Records, vol. 1, pp. 20-22, 63 and 65, vol. 11, pp. 3 (article 2, para. 1, subpara. (e) of the Third Draft), 33 (Canadian redraft, article 2, para. 5), 76, 80-83, 261 (footnote 3).

5. The Advisory Committee was the League equivalent of the United Nations Commission on Narcotic Drugs. Its functions in the international narcotics regime were transferred to the Commission by the 1946 Protocol.

6 Commentary on the 1931 Convention, para. 101, p. 144.

7 Reproduced on page 231 of theCommentary on the 1931 Convention containing the Final Act of the 1931 Conference, pp. 227et seq.

8 Article 2, para.I (e). The Third Draft is reproduced in theRecords, vol. 11, pp. I et seq. It served as working document of the Plenipotentiary Conference.

9 Article 1, para. 1, subpara.(t).

10 Resolution WHA/6 of 14 May 1952 of the World Health Assembly; resolution 548 0 (XVIII) of the Council; see also reports of the Commission on Narcotic Drugs,Official Records of the Economic and Social Council, Eighteenth Session, Supplement No. 8, annex A, andTwentieth Session, Supplement No. 8, annex B, resolution No. 111; reports of the WHO Expert Committee on Dependence Producing Drugs (formerly .on Drugs Liable to Produce Addiction"), WHO Technical Reports Series No. 21, p. 5; No. 57, pp. 5-6; No. 76. p. 5; No. 95, p. 5; No. 102, p. 4; No. 116, p. 5; No. 142, p. 5; see also- OfficialRecords of WHO, No. 19, p. 3 1.

11 See resolution548 (XVIII) of the Council; reportsof the Commission on Narcotic Drugs,Official Records of the Economic and Social Council, Eighteenth Session, Supplement No. 8, annexA; Twentieth Session, Supplement No. 8, annex D (contentsof proposed schedule IV); reportsof the WHO Expert Committee referred to in the Preceding para.,WHO Technical Reports Series No.57, p. 11; No.76, p. 10; No. 95, p. 13.

12 WHO documentWHO/APO/54 (1955), Reportof the WHO Expert Committee referred to in foot-note9 (Sixth Report),WHO Technical Report, Series No.102, p. 6; Reportof the Commission on Narcotic Drugs on the tenth Session,Official Records of the Economic and Social Council, Twentieth Session, Supplement No. 8, annex D (contentsof proposed Schedule IV).

13 Resolutionof the Economic and Social Council548 H (XVIII) 11, reportsof the Commission on Narcotic Drugs.Official Records of the Economic and Social CouncilEighteenth Session, Supplement No. 8, annex A;Twentieth Session, Supplement No. 8, annex D (contentsof proposed Schedule IV).

14 Article4, para. (c).

15 See the phrase of the preamble "Concerned with the health and welfare of mankind".

16 Article 1, para. 1, subpara. (t). 

17 Article 1, para. 1, subpara. (c).

18 Desomorphine, heroin and ketobemidone.

19 Article 1, para. 1, subpara. (n); see comments on Schedule IV.

20 They were included in Schedule IV of the third draft, but were excluded by that Conference, Records, vol. 11, p. 31.

21 See below, comments on article 22.

 

Paragraph 6

6. In addition to the measures of control applicable to all drugs in Schedule 1, opium is subject to the provisions of articles 23 and 24, the coca leaf to those of articles 26 and 27 and cannabis to those of article 28.

Commentary

Not only cannabis, but also cannabis resin, is subject to the additional measures of article 28, paragraph 1. 1 Both these drugs, listed at present ill Schedule I as well as IV, are, in addition to the measures applicable to all drugs in Schedule 1, also governed by the provisions of article 2, paragraph 5 controlling drugs in Schedule IV. Opium, 2 the coca leaf, cannabis and cannabis resin are also subject to those "transitional" provisions of article 49 which are respectively applicable to them; so are extracts and tinctures of cannabis, at present listed only in Schedule 1.

1 See above comments on article 1, para. 1, subpara. (b).

2 As regards opium see also article 25, para. 1, subpara. (a).

 

Paragraph 7

7. The opium poppy, the coca bush, the cannabis plant, poppy straw and cannabis leaves are subject to the control measures prescribed in articles 22to 24; 22, 26 and 27; 22 and 28; 25; and 28, respectively.

Commentary

1. The enumeration of references in this subparagraph does not appear to be complete.

2. Article 20, paragraph 1, subparagraph (d) and paragraph 2, subparagraph (b) and article 31, paragraphs 4 to 15, which apply to poppy straw, are indirectly covered by this subparagraph because they are mentioned in article 25, which is listed; however, article 29, paragraph 3 and article 30, paragraph 2, subparagraph(a) also govern poppy straw, but are not mentioned either in article 2, paragraph 7 or in article 25.

3. In addition to the provisions mentioned in article 2, paragraph 7, article 20, paragraph 3 also applies to the opium poppy, and various transitional provisions in article 49 apply to each of the three plants. Article 25 not only contains provisions for poppy straw but also (in paragraph 1, subparagraph(a)) for the opium poppy.

Paragraph 8

8. The Parties shall use their best endeavours to apply to substances which do not fail under this Convention, but which may be used in the illicit manufacture of drugs, such measures of supervision as may be practicable.

Commentary

1. The Single Convention provides for the application of control measures to two types of substances which, as such, do not cause the kind of damage to human health the prevention of which is the aim of the treaty. The first group consists of substances readily "convertible" into drugs under the narcotics regime. Substances of this nature were included by the Plenipotentiary Conference in Schedules I and II, and are thus subject to the regime governing "drugs". I Moreover, the Single Convention provides for the addition to the Schedules of substances of this kind by the procedure provided for making changes in the Schedules. As regards this first group, see below, comments on article 3, paragraph 3, subparagraph (iii).

2. The second group consists of the substances dealt with in article 2, paragraph 8 . 2 Their definition is very broad and undoubtedly rather vague.

It was pointed out in the discussion of this paragraph by the Plenipotentiary Conference that the phrase "substances ... which may be used in the illicit manufacture of drugs" might be interpreted to include water, which was used in such manufacture . 3 It is, however, clear that the application of control measures to water would not be "practicable". It cannot, however, be foreseen what kind of substance could in the future be employed in the illicit manufacture of narcotic drugs, and which by "practicable" measures could be made unavailable or much more difficult to obtain for clandestine manufacturers. it is this impossibility to foresee the substances which might require the application of control measures which led to the adoption of this very broad and vague provision.

3. Measures which may be practicable in one country may be very difficult or even impossible to apply in another country. Acetic anhydride was mentioned in the discussions of the Plenipotentiary Conference 4 as a substance to which paragraph 8 could be applied. It is used in the conversion of morphine into heroin, but also very widely in the chemical industry for industrial purposes. Countries which do not have a chemical industry may find practicable the application to acetic anhydride of control measures which industrial countries may find impractical or even impossible to impose. Countries without a chemical industry, in which the clandestine manufacture of heroin nevertheless takes place, may find it practicable to prohibit the importation and possession of acetic anhydride. Other countries may consider it impractical to go so far, but may find it possible to take measures against the exportation of acetic anhydride to countries which obviously have . o legitimate use for this substance, and in which the clandestine manufacture of heroin takes place or from which the chemical may be exported to other countries which have a problem of such manufacture.

4. The vagueness of the wording of paragraph 8 leaves it practically to the discretion of each Party to decide to what substances it should apply the control provided in this paragraph, and what measures it would be practicable to take.

1. Article 1, para. 1, subpara. (j).

2. In addition, "poppy straw" is subject to some measures of control; see above, comments on article 2, para. 7 and below, comments on article 25. Concoctions of poppy straw (poppy straw tea) may contain morphine. The leaves of the cannabis plant governed by article 28, para. 3, may have the same kind of effect as cannabis, however weak.

3 Records, vol. 11, p. 78. 4 Records, vol. 1, p. 64.

Paragraph 9

9. Parties are not required to apply the provisions of this Convention to drugs which are commonly used in industry for other than medical or scientific purposes, provided that:

(a) They ensure by appropriate methods of denaturing or by other means that the drugs so used are not liable to be abused or have ill effects (article 3, paragraph 3) and that the harmful substances cannot in practice be recovered; and

(b) They include in the statistical information (article 20) furnished by them the amount of each drug so used.

Commentary

1. The provisions of this paragraph were already included in the Second Draft of the Single Convention on Narcotic Drugs, 11 prepared by the Secretariat of the United Nations in accordance with decisions of the Commission on Narcotic Drugs. When the Commission decided at its tenth session to incorporate these provisions in the Draft Treaty, 2 it was mentioned in the discussion that morphine was used in certain processes of photography. 3 How frequent this use was, and whether it still exists at present, are not known to the Secretariat of the United Nations; but cases certainly occur in which chemicals commonly used in industry for other than medical or scientific purposes turn out also to have useful medical properties . 2 It cannot therefore be excluded that a drug falling under the international narcotics regime, or a substance which because of its dangerous properties should be placed under that regime by operation of article 3, might be needed for wide use in industrial processes other than those of pharmaceutical factories. It would hardly be feasible to apply to drugs used in industrial processes the restrictive controls of the international narcotics regime.

2. It was mentioned in the Plenipotentiary Conference, during the discussion of the draft of the paragraph under consideration , 4 that the provision was of no immediate practical importance, but had been inserted to anticipate possible future developments. 5 The developments appear still to be in the future at the time of this writing.

3. The liability "to be abused" or to "have ill effects" which is mentioned in subparagraph (a) and which must be prevented by the Government concerned "by appropriate methods of denaturing or by other means", is the same dangerous property as that which under article 3, paragraph 3, subparagraph (iii) justifies the placement of a substance under the international narcotics regime. See below, comments on that subparagraph. Not only must Governments ensure that the recovery of drugs used up in manufacture is prevented or made impracticable, but it must also be made impossible or impracticable to restore the dangerous properties of those drugs which are not used up in the industrial process, but only transformed for use for harmless non-medical purposes, e.g. as dyes.

4. Under article 20, paragraph 1, subparagraph(b), Governments must include in their annual statistical reports to the Board the quantity of each drug 6 utilized for the manufacture of any substance not covered by the Single Convention, and the name of the substance obtained. I The Board could therefore require information on the quantities of drugs used up in the manufacture of other substances not only under the special provision of article 2, paragraph 9, subparagraph(b) but also under the general rule of article 20. It is, however, suggested that Parties, under the special provision would also have to furnish data on the amount of drugs which are not used up, but retain their separate identity and are made harmless-as required by article 2, paragraph 9, subparagraph (a)-for employment for other than medical or scientific purposes, i.e. for common industrial uses.

5. Failure to furnish information under article 2, paragraph 9, subparagraph(b) would not only constitute a violation of this provision and possibly of article 20, paragraph 1, subparagraph(b), but would also render illegal the non-application of the full narcotics regime prescribed by the Single Convention to the use of the drugs.

1. Document E./CN.7/AC.3/7.

2. Commission on Narcotic Drugs. Report on the tenth session,Official Records of the Economic and Social Council, Twentieth Session, Supplement No. 8, para. 112 and annex D, p. 8.

3 Ibid., para. 111.

4 The final text is literally the same as the draft; see article 2, para. 4 of the Third Draft,Records, vol. 11, p. 3. The bracketed references differ in their numbers, but point to the same substantive provisions.

5 Records, vol. 11, p. 79.

6 Article 1, para. 1, subpara. (j).

7 Form C/S of the Board (4th edition, November 1969), table 1, column C, sub-column 3.

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