Article 4
GENERAL OBLIGATIONS

Paragraph I

1. The Parties shall take such legislative and administrative measures as may be necessary:

(b) To co-operate with other States in the execution of the provisions of this Convention; and

(c) Subject to the provisions of this Convention, to limit exclusively to medical and scientific purposes the production, manufacture, export, import, distribution of, trade in, use and possession of drugs.

1. In providing for a general obligation of Parties to "take such legislative and administrative measures as may be necessary to give effect to and carry out the provisions of the Convention", article 4 only states expressly what would in any event be the consequence of undertaking treaty obligations. The phrase "to give effect to and carry out" has the same meaning as the shorter phrases "pour executer" and "para dar cumplimiento" of the French and Spanish texts.

2. For the meaning of the word "territories", see above, comments on article 1, paragraph 1, subparagraph (y) and foot-note 22 relating to those comments.

3. Legislation authorizing a central organ of the executive branch of Government to give effect by decree to decisions of the Commission on Narcotic Drugs or of the Economic and Social Council under article 3 appears to be one of the legislative measures which Parties are required to take under article 4 if they have not yet done so. A delay in placing a drug under the national narcotics regime caused by the need for parliamentary legislation or for action by the component states, provinces or cantons of a federal country would hardly be compatible with the object and purpose of the provisions of article 3.

4. All measures which Parties must carry out under the various terms of the Single Convention require, of course, some domestic administrative action. By several specific provisions Governments are moreover required to maintain particular administrative institutions: a "special administration" for the purpose of applying the provisions of the Single Convention, I possibly national opium, coca leaf or cannabis agencies, 2 as appropriate, and, with "due regard to their constitutional, legal and administrative systems", "arrangements ,it the national level for co-ordination of preventive and repressive action against the illicit traffic". 3

5. A few specific administrative actions which are not expressly indicatedthe text of the Single Convention, but which, it is suggested, Parties are required to take under the general rule of article 4, may be mentioned: maintenance of a staff sufficient in numbers and technical qualifications to carry out their treaty obligations, provision of training facilities for members of this staff where needed, and maintenance of a system of inspection 4 of businesses engaged in the various phases of the narcotics trade (agriculture, manufacture and wholesale and retail trade).', Governments which do not already have the required facilities would also fulfill their obligation regarding training by enabling members of their staff to participate in training arrangements offered by other countries or by international organizations such as the United Nations, the World Health Organization or the International Criminal Police Organization (INTERPOL).'

6. Co-operation of States is an indispensable requirement for effective narcotics control. This is recognized in the Preamble of the Single Convention, which states that "effective measures against abuse of narcotic drugs require co-ordinated and universal action", and that "such universal action calls for international co-operation". The general rule of article 4 requiring Parties "to take such legislative and administrative measures as may be necessary" "to co-operate with other States in the execution of the provisions of this Convention" is supplemented by some specific provisions. Article 35, paragraphs(b)-(e), contains rules regarding co-operation in the fight against the international illicit traffic. Article 36, paragraph 2, subparagraph(b), dealing with the extradition of illicit traffickers, is another provision aiming at international cooperation in this campaign.

7. It undoubtedly follows from the rule of article 4 on co-operation that a Party is bound not to permit its territory to be used as a base of operation of the illicit traffic in other countries or to become a refuge of international illicit traffickers, and that it must take appropriate legislative or administrative measures to this end. I Where that aim cannot be accomplished by the prosecution of crimes committed abroad I or by extradition, 10 such other appropriate measures must be taken as are feasible under the constitutional limitations and in accordance with the basic principles of the legal system of the Party concerned. Penalizing local participation of all kinds in the illicit traffic in other countries 11 and measures of expulsion may serve the purpose.

8. The question may be raised whether rendering technical aid to countries which need it in order to be able to implement the provisions of the Single Convention is a legal obligation of the Parties under article 4, paragraph (b). Experience has shown that foreign aid is indispensable to various Governments if they are to be enabled to make a full contribution to the fight against the abuse of narcotic drugs. There may not be general agreement on the existence of such a formal legal obligation; but giving technical assistance to countries which need and request it undoubtedly corresponds to the object and purpose of the Single Convention, and is within the spirit of the provision of article 4 requiring co-operation with other States.

9. The object of the international narcotics system is to limit exclusively to medical and scientific purposes the trade in and use of controlled drugs. From the beginning this has been a basic principle of the multilateral narcotics system, although all the treaties providing for it authorize some exceptions. The 1912 Is and 1925 13 Conventions and the 1953 Protocol 14 contained provisions incorporating this principle. The gradual extension of the scope of its application is a characteristic feature of progress in this branch of treaty law. It is one of the most important achievements 16 of the Single Convention that it ended the exceptions permitted in earlier treaties, subject only to transitional provisions of limited local application and duration pursuant to article 49, and apart from two cases presenting no problem of public health because they exclude the consumption of the dangerous substances involved.

10. The provisions to which paragraph (c) is "subject", i.e. which are excepted from its application, are article 49, article 2, paragraph 9 (whose practical importance seems highly hypothetical) 16 and article 27 (permitting the use of coca leaves for the preparation of a flavouring agent which must not contain any alkaloids, and the production 17 of, trade in and possession of leaves intended for this purpose. "18

11. The term "medical purposes" has not been uniformly interpreted by Governments when applying the provisions of the narcotics treaties containing it. 19 Some have prohibited the consumption of narcotic drugs by all addicts excepting only when necessary to alleviate suffering during withdrawal treatment a number of other countries have permitted consumption by persons whose hose addiction proves to be incurable of the minimum quantities required to prevent painful withdrawal symptoms and to enable them to lead a normal life. There have also been a few cases in which all consumption of narcotic drugs by addicts was prohibited, even in the course of withdrawal treatment.

12. The term "medical purposes" does not necessarily have exactly the same meaning at all times and under all circumstances. Its interpretation must depend on the stage of medical science at the particular time in question; and not only modem medicine, sometimes also referred to as "western Medicine", but also legitimate systems of indigenous medicine such as those which exist in China, India and Pakistan, may be taken into account in this connexion.20 21

13. The term "medical purposes" includes veterinary and dental purposes 21

14. Drugs in Schedule 11 and their preparations, as well as preparations In Schedule III, are not excluded from the scope of article 4 including its paragraph (c). 22

15. The "use" of drugs is not specifically listed in article 36, paragraph 1, among the actions which, subject to its constitutional limitations, a Party must treat as punishable offences. It appears that it is left to the discretion of each Party to decide whether it wishes to penalize the non-medical consumption of narcotic drugs by addicts, or whether it prefers to prevent such abuse solely by administrative and penal measures by which the production, manufacture and distribution of drugs must be controlled under the terms of the Single Convention . 23

16. In addition to article 4, paragraph (c), the provisions of article 33 and of article 36, paragraph 1, deal with the possession of drugs. Under these provisions, Parties must take the required legislative and administrative measures to limit exclusively to medical and scientific purposes the possession of drugs, 24 must not permit the possession of drugs except under legal authority, 25 and subject to their constitutional limitations must make possession of drugs contrary to the provisions of the Single Convention a punishable offence. 26

18. Article 4, paragraph (c), undoubtedly refers to both kinds of Possession; but whether that provision must be implemented by imposing penal sanctions on possession for personal consumption is a question which may be answered differently in different countries. 117 Some Governments seem to hold that they are not bound to punish addicts who illegally possess drugs for their personal use. This view appears to be based on - the consideration that the provisions of article 36, which in its paragraph I requires Parties, subject to their constitutional limitations, to penalize the possession of drugs held contrary to the provisions of the Single Convention, are intended to fight the illicit traffic, and not to require the punishment of addicts not participating in that traffic. Article 45 of the Third Draft, which served as working document of the Plenipotentiary Conference, enumerated in its paragraph 1, subparagraph (a) 11 possession" among the actions for which punishment would be required. This paragraph is identical with the first part of paragraph I of article 36 of the Single Convention, dealing with "possession" as one of the punishable offences Article 45 of the Third Draft is included in chapter IX, headed "Measures against illicit traffickers". This would appear to support the opinion of those who believe that only possession for distribution, and not that for personal consumption, is a punishable offence under article 36 of the Single Convention. The Draft's division into chapters was not taken over by the Single Convention, and this was the only reason why the chapter heading just mentioned was deleted, as were all the other chapter headings. Article 36 is still in that part of the Single Convention which deals with the illicit traffic. It is preceded by article 35, entitled "Action against the illicit traffic", and followed by article 37, entitled "Seizure and confiscation".

19. Parties which do not share this view, and which hold that possession of drugs for personal consumption must be punished under article 36, paragraph 1, may undoubtedly choose not to provide for imprisonment of persons Found in such possession, but to impose only minor penalties such as fines or even censure. Possession of a small quantity of drugs for personal consumption may be held not to be a "serious" offence under article 36, paragraph 1, and only a "serious" offence is liable to "adequate punishment particularly by imprisonment or other penalties of deprivation of liberty".

21. it has, on the other hand, been pointed out, particularly by enforcement officers, that the penalization of all unauthorized possession of drugs, including that for personal use, facilitates the prosecution and conviction of traffickers, since it is very difficult to prove the intention for which the drugs ,ire held. If Governments choose not to punish possession for personal consumption or to impose only minor penalties on it, their legislation could very usefully provide for a legal presumption that any quantity exceeding a specified small amount is intended for distribution. It could also be stipulated ,hat this presumption becomes irrebuttable if the amount in the possession of the offender is in excess of certain limits, It may also be remarked that constitutional limitations, which can free a Party from all obligation to punish an action mentioned in article 36, paragraph 1, will generally not prevent the penalization of the unauthorized possession of drugs.

22. It may finally be mentioned that Parties must prevent the possession of drugs for other than medical and scientific purposes by all the administrative measures which they are bound to adopt under the terms of the Single Convention, whatever may be their view on their obligation to resort to penal sanctions or on the kind of punishment which they should impose.

23. What has been said in regard to the need for penal sanctions for limiting the possession of controlled drugs exclusively to medical and scientific
purposes pursuant to article 4, paragraph (c), also applies to the obligation of Parties under article 33 not to permit the possession of drugs except under legal authority. While there may be a difference of opinion as to the obligation of Parties to impose penal sanctions on persons found in the unauthorized possession of drugs held for personal consumption, it should be kept in mind that Governments must in any event take all the administrative measures which they are required to adopt under the Single Convention in order to prevent any Unauthorized possession for any purpose whatever. There can be no doubt that Governments may refrain from imposing imprisonment in cases of possesion of drugs held for personal consumption without legal authority. Possessionof drugs for distribution without such authority must, on the other hand, be made punishable by imprisonment or other penalties of deprivation of liberty"29

24. It is also apparent that the obligation of Parties not to permit the possession of drugs except under legal authority requires them to confiscate drugs if found in unauthorized possession, even if held solely for personal consumption. See also below, comments on articles 33 and 37. 30

25. Parties cannot legally authorize the possession of drugs for other than medical and scientific purposes, except in the cases in which non-medical consumption or industrial use is exceptionally permitted by the Single Convention. 81 See also below, comments on article 33.

26. As regards the meaning of "production" and the application of the term "manufacture" to the separation of substances which may in the future be placed under international narcotics control from plants, see above, comments on article 1, paragraph 1, subparagraphs (n) and (t).

27. It will be noted that the English text of article 4 is preceded by the figure 1, without any following numbered paragraph. This is an oversight due to the fact that article 4 of the Third Draft had two numbered paragraphs, of which the first was retained in its entirety by the Convention as finally adopted by the Plenipotentiary Conference, while the second paragraph was deleted. 31 The number I does not, however, appear in French and Spanish texts, in which the required change was made.

2 Article 23, article 26, para. I and article 28, para. 1.

3 Article 35, para. (a).

4 The obligation to make inspections appears also to arise from the provisions of article 29, para. 2, subpara.(b), article 30, para. 1, subpara.(b), clause (i) and -it tide 31, para. 3, subpara. (b).

5 The word "inspection" appears in the heading of article 34, but no express pro vision for inspection is made in the body of this article; the same applies to the corresponding and substantially similar article 43 of the Third Draft which served as working document of the Plenipotentiary Conference (E/CN.7/AC,3/9,Records, -L 11, P. 17). The corresponding article 46 of the Second Draft (E/CN.7/AC.3/7), - its second paragraph, requires Parties to maintain a system of inspection. This paragraph but not the word "inspection" in the heading of article 46, was deleted by the Commission on Narcotic Drugs at its thirteenth session because it was superfluous, since all Governments provide in any case for inspection (E/CN,7/SR.398, p. 6-7, and Annex V of the Report of the Commission on Narcotic Drugs on the thirteenth session,Official Records of the Economic and Social Council, Twenty-sixth session. Supplement No. 9.

7 See also article 31, para. I requiring Parties not to permit exports of narcotic drugs except in accordance with the laws and regulations and within the import limits -f the importing country or territory, and paras. 4-7 containing rules governing the ,,,operation of importing and exporting countries in the implementation of the import certificate and export authorization system.

8 Such an obligation may also be implied in the provisions of article 35, paras. (b) and (c).

9 See below comments on article 36, para. 2, subpara. (a), clause (iv).

10 See below, comments on article 36, para. 2, subpara. (b).

11 See also article 36, para. 2, subpara. (a), clauses (i) and (ii).

12 Article 9, which, however, uses the phrase "medical and legitimate purposes".

13 Article 5, which already employs the phrase "medical and scientific purposes"; see also article 13, para. I of the 1931 Convention.

14 Article 2, article 5, introductory paragraph, and article 6, para. 1.

15 The others being the extension of a comprehensive system of control to the cultivation of the coca bush (article 26) and to that of the cannabis plant grown for the production of cannabis and cannabis resin (article 28, para. 1).

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

18 Leaves from which "all ecgonine, cocaine or any other ecgonine alkaloids have been removed" are not "coca leaves" as defined in the Single Convention; article 1, 1, subpara. (f); see also below, comments on article 27, para. 1.

21 Records, vol. 1, p. 207; vol. 11, pp. 123, 267, 280 (foot-note 8) and 285 (foot note 27).

23 See comments on article 36, para. 1.

24 Article 4, para. (c). 

25 Article 33.

27 No doubt appears to exist as regards the obligation of Parties to apply penal s anctions in implementing the rule of article 4, para. (c), concerning manufacture, production, export, import, distribution, trade and possession for distribution; see below, comments on article 36, para. 1. As to use, see above.

28 See above for the omission of the "use" of drugs in the enumeration of punish ,.hie offences in article 36, para. 1.

29 Article 36, para, 1.

30 The obligation to confiscate drugs possessed without legal authority for non medical Consumption is held to derive from article 33 if article 37 is not applied, because such Possession is not considered to be an offence under article 37.

31 Article 4, para.(c) together with article 2, para. 9, article 27 and article 49. 11 United Nations document E/CN.7/AC.3/9,Records, vol. 11, p. 4.