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The status of cannabis in international law is a century-old history. Cannabis reform at the international level refers, in the 20th century, to efforts to increase restrictions on cannabis use under international treaties; in the 21st century, generally to efforts to ease or update such restrictions.
The first reference to cannabis appeared in an international treaty in 1925, with its mention in the second "International Convention relating to Dangerous Drugs." This addition was not an initiative of the United States [1] [2] but rather the result of "a triangulation between various State interests and blocs", [3] chiefly, Egypt, South Africa, and Italy. [4] [5] From 1961 to 2020, cannabis and haschich were listed in Schedule IV, the most restrictive category of the 1961 Single Convention on Narcotic Drugs, the main treaty establishing legal dispositions on cannabis in international law. It was removed in 2020 after a scientific assessment by the World Health Organization and a narrow vote at the United Nations drug commission.
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The Single Convention on Narcotic Drugs makes a distinction between medical and scientific uses of drugs, and other uses. Nations are allowed to permit medical use of drugs, but the status of recreational use is unclear, and does not seem contemplated in Article 4:
The "provisions of this Convention" to which the limitation is subject, refers to three specific exemptions for traditional non-medical uses (article 49), industrial non-medical uses (article 2 paragraph 9) and the use of coca leaf as a flavoring agent (article 27). [6] [7]
The Single Convention is the main international treaty related to Cannabis sativa L. and its products. In its Article 1, the Single Convention defines "cannabis" as the "flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops) from which the resin has not been extracted, by whatever name they may be designated;" while "cannabis resin" is defined as "the separated resin, whether crude or purified, obtained from the cannabis plant." At the adoption of the Convention in 1961, cannabis and cannabis resin were listed in both Schedule I and Schedule IV. [8]
Schedule I includes substances that are highly addictive and highly liable to substance use disorders, or that are convertible into controlled drugs, while Schedule IV lists "certain drugs listed in Schedule I that are highly addictive and highly liable to abuse and rarely used in medical practice." [9] Schedule IV is a "stricter subset of schedule I, that specifies extra control measures." [10]
Since the adoption of the United Nations' Single Convention on Narcotic Drugs in 1961, [11] cannabis and cannabis resin had been listed in Schedule IV, the most tightly restricted category, reserved for drugs that are "particularly liable to abuse and to produce ill effects" and whose "liability is not offset by substantial therapeutic advantages." [12]
Its initial placement in this category was not based on science, and no international scientific assessment had been undertaken until 2018, [13] when the World Health Organization initiated it, leading to the scheduling recommendation. [14] [15]
The removal of cannabis and cannabis resin from that Schedule entered into force in 2021, [16] after a vote on 2 December 2020 by the UN Commission on narcotic drugs. [17] Since 2021, cannabis and cannabis resin remain listed in Schedule I of the Single Convention, alongside extracts and tinctures of cannabis. [18]
According to the WHO, the withdrawal of cannabis and cannabis resin from Schedule IV of the Convention was meant to remove "some international procedural barriers to research and development of cannabis- based medical products according to national regulatory frameworks." [19] Some commentators argue that, by accepting only the withdrawal from Schedule IV, and not the other ECDD recommendations, the Commission on Narcotic Drugs "might actually be perpetuating the model initiated in the US state of California in 1996 and followed by dozens of other jurisdictions: that of sui generis , locally-oriented access programs, reliant on small- and medium-scale businesses and compound botanical medicines." [20]
After the vote, a number of analysts continued to follow these views, arguing that the decision taken would have little legal consequences, if any. [21] [22] Others suggested that the change in legal status could facilitate access and availability to medical cannabis, [23] or even legitimate the legalization of non-medical cannabis under Article 2(9) of the Single Convention. [7]
The "cannabis plant" is defined as "any plant of the genus Cannabis" but has never been listed in any Schedule. Only cannabis and cannabis resin are listed in the Schedules of the Single Conventions. Since "drugs" are defined as those substances listed in the Schedules, "cannabis plant" is not considered a drug according to the Single Convention. [24]
The "leaves" of cannabis plants are in a similar case: while it is not listed in the Schedules, and is therefore not a "drug" in the meaning of the Single Convention, "cannabis leaves" are subject to some light measures of control under Article 28 of the convention. [25]
Since only "cannabis," "cannabis resin," and "extracts and tinctures of cannabis" are listed in the Schedules of the Single Convention, some analysts and governments consider that cannabidiol (CBD) is not a "narcotic drug" in the meaning of the Single Convention, [26] [27] while others such as the International Narcotics Control Board consider that actual CBD products are in fact extracts of cannabis and should therefore be considered as Scheduled. [28]
delta-9-THC (tetrahydrocannabinol, or dronabinol) is not listed in the Schedules of the Single Convention but in the Schedules of a distinct treaty: the Convention on Psychotropic Substances of 1971.
It has its own scheduling history: delta-9-THC was downgraded from Schedule I to Schedule II of the 1971 Convention in 1991, while other isomers of THC (such as delta-8-THC, delta-10-THC, etc.) remained in Schedule I. [10] [29]
The Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances requires its Parties to establish criminal penalties for the activities related to drugs that are contrary to the 1961 Single Convention or the 1971 Convention.
Some barriers to cannabis reform are the result of the international drug control structure, while others are related to political circumstances.
The international drug control system is overseen by the United Nations General Assembly and UN Economic and Social Council. The Single Convention grants the Commission on Narcotic Drugs the power to reschedule controlled substances. Cindy Fazey, the former Chief of Demand Reduction for the United Nations Drug Control Programme, said: [30]
To modify cannabis regulations at the international level, a conference to adopt amendments in accordance with Article 47 of the Single Convention would be needed. This has been done once, with the 1972 Protocol Amending the Single Convention on Narcotic Drugs;[ citation needed ] as Fazey notes, this process is fraught with bureaucratic obstacles.
In reference to situations where the Commission on Narcotic Drugs proposes changing the scheduling of any drug, 21 U.S.C. § 811(d)(2)(B) of The U.S. Controlled Substances Act gives the Secretary of Health and Human Services the power to issue recommendations that are binding on the U.S. representative in international discussions and negotiations:
The U.S Department of Justice Drug Enforcement Administration (DEA) denied in June 2011 a petition that proposed rescheduling of cannabis and enclosed a long explanation for the denial. [31]
On 5 March 2013, the International Narcotics Control Board (INCB) urged the United States government to challenge the legalization of marijuana for recreational use in Colorado and Washington. INCB President, Raymond Yans stated that these state laws violate international drug treaties, namely the United Nations Single Convention on Narcotic Drugs of 1961. The Office of the US Attorney General said in December 2012 that regardless of any changes in state law, growing, selling or possessing any amount of marijuana remained illegal under federal law. Raymond Yans called the statement "good but insufficient" and said he hoped that the issue would soon be addressed by the US Government in line with the international drug control treaties. [32]
A number of non-government organizations support the prohibition of cannabis as a recreational drug, like the World Federation Against Drugs. [33]
According to some analysts, a country wanting to legalize marijuana would have to withdraw from the treaties to maintain compliance with its international legal obligations. [34] The issue has become more pronounced with the legalization of recreational cannabis in Uruguay in 2013 and Canada in 2018, both countries interpreting that they are in direct violation of the Conventions due to their legalization of commercial cannabis sale and production. [35] Withdrawal is an option that every signatory has a right to do.
Other analysts support the possibility to legalize cannabis in compliance with the treaties, basing the system on Article 2(9) of the Single Convention on narcotic drugs, allowing licit uses of drugs for "other than medical and scientific purposes." [7]
In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act is a proposed legal and administrative change in cannabis-related law at the federal level. It has been proposed repeatedly since 1972. The category is the most tightly restricted category reserved for drugs that have "no currently accepted medical use."
The Single Convention on Narcotic Drugs, 1961 is an international treaty that controls activities of specific narcotic drugs and lays down a system of regulations for their medical and scientific uses; it also establishes the International Narcotics Control Board.
The International Narcotics Control Board (INCB) is an independent treaty body, one of the four treaty-mandated bodies under international drug control law.
The expression International Opium Convention refers either to the first International Opium Convention signed at The Hague in 1912, or to the second International Opium Convention signed at Geneva in 1925.
The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 is one of three major drug control treaties currently in force. It provides additional legal mechanisms for enforcing the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances. The Convention entered into force on November 11, 1990. As of June 2020, there are 191 Parties to the Convention. These include 186 out of 193 United Nations member states and the Holy See, the European Union, the Cook Islands, Niue, and the State of Palestine.
The Commission on Narcotic Drugs (CND) is one of the functional commissions of the United Nations' Economic and Social Council (ECOSOC), and is the central drug policy-making body within the United Nations System. The CND also has important mandates under the three international drug control conventions, alongside the three other treaty-mandated bodies: United Nations Office on Drugs and Crime, World Health Organization, and International Narcotics Control Board.
The Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs was a drug control treaty promulgated in Geneva on 13 July 1931 that entered into force on 9 July 1933.
The Misuse of Drugs Act 1975 is a New Zealand drug control law that classifies drugs into three classes, or schedules, purportedly based on their projected risk of serious harm. However, in reality, classification of drugs outside of passing laws, where the restriction has no legal power, is performed by the governor-general in conjunction with the Minister of Health, neither of whom is actually bound by law to obey this restriction.
A drug policy is the policy regarding the control and regulation of psychoactive substances, particularly those that are addictive or cause physical and mental dependence. While drug policies are generally implemented by governments, entities at all levels may have specific policies related to drugs.
Veterans for Medical Cannabis Access (VMCA), which was founded as Veterans for Medical Marijuana Access (VMMA) reflecting the pejorative word "marijuana", is an Elliston, Virginia-based non-profit service organization designed to assist American veterans who wish to be able to use marijuana for medical purposes with a doctor's recommendation. VMCA works towards the freedom for veterans to discuss the medical use of marijuana with their doctors without the risk of reprisal.
The International Office of Public Hygiene (OIPH), also known by its French name as the Office International d'Hygiène Publique (OIHP), was an international organization founded 9 December 1907 and based in Paris, France. It merged into the World Health Organization after World War II.
The Convention on Psychotropic Substances of 1971 is a United Nations treaty designed to control psychoactive drugs such as amphetamine-type stimulants, barbiturates, benzodiazepines, and psychedelics signed in Vienna, Austria on 21 February 1971. The Single Convention on Narcotic Drugs of 1961 did not ban the many newly discovered psychotropics, since its scope was limited to drugs with cannabis, coca and opium-like effects.
The International Nonproprietary Name dronabinol, also known under the trade names Marinol and Syndros is a generic name for the molecule of delta-9-tetrahydrocannabinol in the pharmaceutical context. It has indications as an appetite stimulant, antiemetic, and sleep apnea reliever and is approved by the FDA as safe and effective for HIV/AIDS-induced anorexia and chemotherapy-induced nausea and vomiting only.
The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis.
The history of cannabis and its usage by humans dates back to at least the third millennium BC in written history, and possibly as far back as the Pre-Pottery Neolithic B based on archaeological evidence. For millennia, the plant has been valued for its use for fiber and rope, as food and medicine, and for its psychoactive properties for religious and recreational use.
The following outline is provided as an overview of and topical guide to the plant Cannabis sativa and its relatives Cannabis indica and Cannabis ruderalis, the drug cannabis (drug) and the industrial product hemp.
For Alternative Approaches to Addiction, Think & do tank is an international non-profit organization working on drug policy, created in 2015 and based in Paris, France.
Michael Alan Krawitz is a US Air force veteran, Executive Director of the non-profit Veterans for Medical Cannabis Access, researcher on the history of medical cannabis, and international advocate for cannabis policy reform with FAAAT think & do tank and the International Association for Cannabinoid Medicines.
The removal of cannabis and cannabis resin from Schedule IV of the Single Convention on narcotic drugs, 1961 is a change in international law that took place in 2021, on the basis of a scientific assessment by the World Health Organization.
The Horizontal Working Party on Drugs is a preparatory body of the Council of the European Union established in 1997, responsible for the lead and management of the work of the council and of the European Union (EU) on drug policy.
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