Protocol amending the Single Convention on Narcotic Drugs: Difference between revisions

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The 1972 '''Protocol amending the Single Convention on Narcotic Drugs''' was a protocol that made several changes to the [[Single Convention on Narcotic Drugs]]. It highlighted the need for treatment and rehabilitation of drug addicts,<ref>[http://www.incb.org/e/press/1998/e_bn_01.htm] {{webarchive |url=https://web.archive.org/web/20050219013336/http://www.incb.org/e/press/1998/e_bn_01.htm |date=February 19, 2005 }}</ref> instructing parties to take "all practicable measures for the prevention of abuse of psychotropic substances and for the early identification, treatment, education, after-care, rehabilitation, and social reintegration of the persons involved".<ref>[http://www.norml.org/index.cfm?Group_ID=4415 European Drug Policy: Analysis and Case Studies - NORML<!-- Bot generated title -->]</ref> It also expanded the [[International Narcotics Control Board]] from 11 members to 13 members.<ref>[http://www.drugtext.org/library/legal/treat/1971commentary/article02.htm Article 2 AMENDMENTS TO THE TITLE OF ARTICLE 9 OF THE SINGLE CONVENTION AND ITS PARAGRAPH 1 AND INSERTION OF NEW PARAGRAPHS 4 AND 5<!-- Bot generated title -->]</ref>
The 1972 '''Protocol amending the Single Convention on Narcotic Drugs''' was a protocol that made several changes to the [[Single Convention on Narcotic Drugs]]. It highlighted the need for treatment and rehabilitation of drug addicts,<ref>[http://www.incb.org/e/press/1998/e_bn_01.htm] {{webarchive |url=https://web.archive.org/web/20050219013336/http://www.incb.org/e/press/1998/e_bn_01.htm |date=February 19, 2005 }}</ref> instructing parties to take "all practicable measures for the prevention of abuse of psychotropic substances and for the early identification, treatment, education, after-care, rehabilitation, and social reintegration of the persons involved".<ref>[http://www.norml.org/index.cfm?Group_ID=4415 European Drug Policy: Analysis and Case Studies - NORML<!-- Bot generated title -->]</ref> It also expanded the [[International Narcotics Control Board]] from 11 members to 13 members.<ref>[http://www.drugtext.org/library/legal/treat/1971commentary/article02.htm Article 2 AMENDMENTS TO THE TITLE OF ARTICLE 9 OF THE SINGLE CONVENTION AND ITS PARAGRAPH 1 AND INSERTION OF NEW PARAGRAPHS 4 AND 5<!-- Bot generated title -->] {{webarchive|url=https://web.archive.org/web/20041221013013/http://www.drugtext.org/library/legal/treat/1971commentary/article02.htm |date=2004-12-21 }}</ref>


In addition, the Protocol added Article 21 bis, ''Limitation of Production of Opium'', which allowed the Board to deduct from a nation's opium production quota the amounts it determines have been produced within that nation and introduced into the illicit traffic. This could happen as a result of failing to control either illicit production or [[Pharmaceutical diversion|diversion]] of licitly produced opium to illicit purposes.<ref>[http://www.drugtext.org/library/legal/treat/1971commentary/article11.htm Article 11 NEW ARTICLE 21 BIS<!-- Bot generated title -->]</ref> In this way, the Board can essentially punish a nation that does not control its illicit opium traffic by imposing an economic sanction on its medicinal opium industry. This provision is ineffective on nations that are not opium exporters.
In addition, the Protocol added Article 21 bis, ''Limitation of Production of Opium'', which allowed the Board to deduct from a nation's opium production quota the amounts it determines have been produced within that nation and introduced into the illicit traffic. This could happen as a result of failing to control either illicit production or [[Pharmaceutical diversion|diversion]] of licitly produced opium to illicit purposes.<ref>[http://www.drugtext.org/library/legal/treat/1971commentary/article11.htm Article 11 NEW ARTICLE 21 BIS<!-- Bot generated title -->] {{webarchive|url=https://web.archive.org/web/20030117090047/http://www.drugtext.org/library/legal/treat/1971commentary/article11.htm |date=2003-01-17 }}</ref> In this way, the Board can essentially punish a nation that does not control its illicit opium traffic by imposing an economic sanction on its medicinal opium industry. This provision is ineffective on nations that are not opium exporters.


The Protocol also adds a provision to Article 22 stating that "A Party prohibiting cultivation of the opium poppy or the cannabis plant shall take appropriate measures to seize any plants illicitly cultivated and destroy them, except for small quantities required by the Party for scientific and research purposes".<ref>[http://www.drugtext.org/library/legal/treat/1971commentary/article12.htm Article 12 AMENDMENT TO ARTICLE 22 OF THE SINGLE CONVENTION<!-- Bot generated title -->]</ref> The effect of this amendment is to require nations to actually enforce the laws on their books against cultivation of illicit drugs.
The Protocol also adds a provision to Article 22 stating that "A Party prohibiting cultivation of the opium poppy or the cannabis plant shall take appropriate measures to seize any plants illicitly cultivated and destroy them, except for small quantities required by the Party for scientific and research purposes".<ref>[http://www.drugtext.org/library/legal/treat/1971commentary/article12.htm Article 12 AMENDMENT TO ARTICLE 22 OF THE SINGLE CONVENTION<!-- Bot generated title -->] {{webarchive|url=https://web.archive.org/web/20111020172104/http://www.drugtext.org/library/legal/treat/1971commentary/article12.htm |date=2011-10-20 }}</ref> The effect of this amendment is to require nations to actually enforce the laws on their books against cultivation of illicit drugs.


The Protocol adds a provision to Article 36 allowing for "treatment, education, after-care, rehabilitation and social reintegration" as an alternative to incarceration of drug abusers.<ref>[http://www.drugtext.org/library/legal/treat/1971commentary/article14.htm Article 14 AMENDMENTS TO ARTICLE 36, PARAGRAPHS 1 AND 2 OF THE SINGLE CONVENTION<!-- Bot generated title -->]</ref>
The Protocol adds a provision to Article 36 allowing for "treatment, education, after-care, rehabilitation and social reintegration" as an alternative to incarceration of drug abusers.<ref>[http://www.drugtext.org/library/legal/treat/1971commentary/article14.htm Article 14 AMENDMENTS TO ARTICLE 36, PARAGRAPHS 1 AND 2 OF THE SINGLE CONVENTION<!-- Bot generated title -->]{{dead link|date=December 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>


A Commentary to the Protocol was written by Adolf Lande, former Secretary of the Permanent Central Narcotics Board and Drug Supervisory Body, under the responsibility of the [[United Nations Office of Legal Affairs]]. The Commentary was designed to help nations interpret the Convention.
A Commentary to the Protocol was written by Adolf Lande, former Secretary of the Permanent Central Narcotics Board and Drug Supervisory Body, under the responsibility of the [[United Nations Office of Legal Affairs]]. The Commentary was designed to help nations interpret the Convention.
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==External links==
==External links==
*[http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=VI-17&chapter=6&lang=en Signatures and ratifications].
*[http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=VI-17&chapter=6&lang=en Signatures and ratifications].
*[http://www.drugtext.org/library/legal/treat/1971commentary/ Commentary on the Protocol Amending the Single Convention on Narcotic Drugs].
*[http://www.drugtext.org/library/legal/treat/1971commentary/ Commentary on the Protocol Amending the Single Convention on Narcotic Drugs]{{dead link|date=December 2017 |bot=InternetArchiveBot |fix-attempted=yes }}.
*Gatto, Christopher: [http://www.norml.org/index.cfm?Group_ID=4415 European Drug Policy: Analysis and Case Studies], NORML Foundation, 1999.
*Gatto, Christopher: [http://www.norml.org/index.cfm?Group_ID=4415 European Drug Policy: Analysis and Case Studies], NORML Foundation, 1999.
*[https://web.archive.org/web/20050219013336/http://www.incb.org/e/press/1998/e_bn_01.htm INCB ANNUAL REPORT], Feb. 23, 1999.
*[https://web.archive.org/web/20050219013336/http://www.incb.org/e/press/1998/e_bn_01.htm INCB ANNUAL REPORT], Feb. 23, 1999.

Revision as of 09:08, 2 December 2017

The 1972 Protocol amending the Single Convention on Narcotic Drugs was a protocol that made several changes to the Single Convention on Narcotic Drugs. It highlighted the need for treatment and rehabilitation of drug addicts,[1] instructing parties to take "all practicable measures for the prevention of abuse of psychotropic substances and for the early identification, treatment, education, after-care, rehabilitation, and social reintegration of the persons involved".[2] It also expanded the International Narcotics Control Board from 11 members to 13 members.[3]

In addition, the Protocol added Article 21 bis, Limitation of Production of Opium, which allowed the Board to deduct from a nation's opium production quota the amounts it determines have been produced within that nation and introduced into the illicit traffic. This could happen as a result of failing to control either illicit production or diversion of licitly produced opium to illicit purposes.[4] In this way, the Board can essentially punish a nation that does not control its illicit opium traffic by imposing an economic sanction on its medicinal opium industry. This provision is ineffective on nations that are not opium exporters.

The Protocol also adds a provision to Article 22 stating that "A Party prohibiting cultivation of the opium poppy or the cannabis plant shall take appropriate measures to seize any plants illicitly cultivated and destroy them, except for small quantities required by the Party for scientific and research purposes".[5] The effect of this amendment is to require nations to actually enforce the laws on their books against cultivation of illicit drugs.

The Protocol adds a provision to Article 36 allowing for "treatment, education, after-care, rehabilitation and social reintegration" as an alternative to incarceration of drug abusers.[6]

A Commentary to the Protocol was written by Adolf Lande, former Secretary of the Permanent Central Narcotics Board and Drug Supervisory Body, under the responsibility of the United Nations Office of Legal Affairs. The Commentary was designed to help nations interpret the Convention.

As of 2013, the Protocol has been ratified by 125 states. It was initially signed by 54 states.

References

  1. ^ [1] Archived February 19, 2005, at the Wayback Machine
  2. ^ European Drug Policy: Analysis and Case Studies - NORML
  3. ^ Article 2 AMENDMENTS TO THE TITLE OF ARTICLE 9 OF THE SINGLE CONVENTION AND ITS PARAGRAPH 1 AND INSERTION OF NEW PARAGRAPHS 4 AND 5 Archived 2004-12-21 at the Wayback Machine
  4. ^ Article 11 NEW ARTICLE 21 BIS Archived 2003-01-17 at the Wayback Machine
  5. ^ Article 12 AMENDMENT TO ARTICLE 22 OF THE SINGLE CONVENTION Archived 2011-10-20 at the Wayback Machine
  6. ^ Article 14 AMENDMENTS TO ARTICLE 36, PARAGRAPHS 1 AND 2 OF THE SINGLE CONVENTION[permanent dead link]

External links

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