Cannabis reform at the international level
Encyclopedia
Cannabis reform at the international level refers to efforts to ease restrictions on cannabis
use under international treaties. Most cannabis reform organizations do not spend a great deal of resources on international cannabis reform, since success would require governmental assistance that has so far not been forthcoming. Decisions to change global drug regulations are usually reached by informal consensus; without such agreement, reform is virtually impossible.
Nations could withdraw from international drug control treaties, but they would almost certainly continue to face great pressure to comply with their provisions. As of January 1, 2005, 180 nations belonged to the Single Convention on Narcotic Drugs
. The international drug control bodies exert a powerful influence across the globe, preventing even reform-minded nations such as the Netherlands
from completely legalizing cannabis.
Internationally, the drug is in Schedule IV of the Single Convention on Narcotic Drugs
, that treaty's most restrictive category. In the United States, it is in Schedule I of the Controlled Substances Act
, the most restrictive category, which allows no medical use. It is in Class B of the United Kingdom's Misuse of Drugs Act 1971
, for which a caution will usually be issued for a first offence, but further incidents may result in arrest. It was moved to the less stringent Class C in January 2004, but was returned to Class B in January 2009 http://www.homeoffice.gov.uk/drugs/drugs-law/cannabis-reclassification/.
Furthermore, the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances requires its Parties to establish criminal penalties for possession of drugs prohibited under the Single Convention for recreational use. If a nation wished to completely legalize marijuana, it would have to withdraw from the treaties. According to leading researchers in this area of law, every signatory has a right to do this. http://www.cfdp.ca/ap2596.html
system in general tends to be difficult to change, partly due to the large number of members and the prevalence of consensus-based amendment mechanisms. Since the international drug control system is overseen by the United Nations General Assembly
and UN Economic and Social Council, this has affected drug reform efforts. In addition, United States officials have used their influence in the past to dissuade other countries' delegations from even proposing drug reform http://www.agenceglobal.com/article.asp?id=97.
the power to reschedule controlled substances. However, it would be difficult or impossible to change international cannabis regulations through that body. As Cindy Fazey
, former Chief of Demand Reduction for the United Nations Drug Control Programme points out http://www.fuoriluogo.it/arretrati/2003/apr_17_en.htm:
The only way to modify cannabis regulations at the international level would be call a conference to adopt amendments, in accordance with Article 47 of the Single Convention. This has only been done once, with the 1972 Protocol Amending the Single Convention on Narcotic Drugs
. As Fazey notes, this process is fraught with bureaucratic obstacles.
, one of the most influential Parties to the Single Convention, has tended to oppose loosening cannabis laws. Describing the former-U.S. President
's position, an October 20, 1999 article in the Dallas Morning News noted, "Aides said Mr. Bush does not support legalizing marijuana for medical use"http://www.mpp.org/news/dmn102099.html.
In reference to situations where the Commission on Narcotic Drugs
proposes changing the scheduling of any drug, (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 Secretary of Health and Human Services also has power, under (b), to issue findings on scientific and medical matters that are binding on the Attorney General
, and to require that drugs be removed from federal control. Thus, the Secretary of Health and Human Services has great power over drug policy at the U.S. and global levels. The U.S. President's control over drug policy ultimately rests in his ability to appoint and dismiss the Secretary.
The U.S Department of Justice Drug Endorsement Administration (DEA
) denied in June 2011 a petition that proposed rescheduling of cannabis and enclosed a long explanation for the denial.
has tended to have an unfavorable view of drug legalization. This was perhaps most profoundly expressed by Philip O. Emafo
, former President of the International Narcotics Control Board, in the Board's 2002 annual report http://www.incb.org/e/ind_ar.htm:
These comments suggest that support from the Board is unlikely in the near future.
, which can issue unfavorable reports and recommend sanctions. The Single Convention on Narcotic Drugs
or the Convention on Psychotropic Substances
could be terminated if the number of signatories fell below 40, but the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances has no termination clause and therefore would remain in effect as long as there is even one signatory.
Arguments against prohibition include that it not being a dangerous substance, civil rights issues (including religious ones), loss of potential tax revenues, unnecessary criminalization of ordinary people and the enforced mixing of cannabis users with sellers of more dangerous drugs and the associated criminal underworld, and the practical argument that prohibition is not effective at reducing drug use.
Another argument against prohibition is the inevitable increase in potentially dangerous impurities that distribution through criminal networks entails and the health hazards and their costs that these impose.
See also Arguments for and against drug prohibition
.
Cannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
use under international treaties. Most cannabis reform organizations do not spend a great deal of resources on international cannabis reform, since success would require governmental assistance that has so far not been forthcoming. Decisions to change global drug regulations are usually reached by informal consensus; without such agreement, reform is virtually impossible.
Nations could withdraw from international drug control treaties, but they would almost certainly continue to face great pressure to comply with their provisions. As of January 1, 2005, 180 nations belonged to the Single Convention on Narcotic Drugs
Single Convention on Narcotic Drugs
The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research...
. The international drug control bodies exert a powerful influence across the globe, preventing even reform-minded nations such as the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
from completely legalizing cannabis.
Internationally, the drug is in Schedule IV of the Single Convention on Narcotic Drugs
Single Convention on Narcotic Drugs
The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research...
, that treaty's most restrictive category. In the United States, it is in Schedule I of the Controlled Substances Act
Controlled Substances Act
The Controlled Substances Act was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain...
, the most restrictive category, which allows no medical use. It is in Class B of the United Kingdom's Misuse of Drugs Act 1971
Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 is an Act of Parliament which represents UK action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic...
, for which a caution will usually be issued for a first offence, but further incidents may result in arrest. It was moved to the less stringent Class C in January 2004, but was returned to Class B in January 2009 http://www.homeoffice.gov.uk/drugs/drugs-law/cannabis-reclassification/.
Background
The Single Convention on Narcotic Drugs makes a distinction between recreational and medical and scientific uses of drugs. Numerous provisions state that nations are allowed to permit medical use of drugs. However, recreational use is prohibited by Article 4:- The parties shall take such legislative and administrative measures as may be necessary . . . 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.
Furthermore, the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances requires its Parties to establish criminal penalties for possession of drugs prohibited under the Single Convention for recreational use. If a nation wished to completely legalize marijuana, it would have to withdraw from the treaties. According to leading researchers in this area of law, every signatory has a right to do this. http://www.cfdp.ca/ap2596.html
Barriers to reform
Some barriers to cannabis reform are the result of the international drug control structure, while others are related to political circumstances. The United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
system in general tends to be difficult to change, partly due to the large number of members and the prevalence of consensus-based amendment mechanisms. Since the international drug control system is overseen by the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
and UN Economic and Social Council, this has affected drug reform efforts. In addition, United States officials have used their influence in the past to dissuade other countries' delegations from even proposing drug reform http://www.agenceglobal.com/article.asp?id=97.
Bureaucratic barriers
The Single Convention grants the Commission on Narcotic DrugsCommission on Narcotic Drugs
The Commission on Narcotic Drugs is the central drug policy-making body within the United Nations system. Its predecessor, the Advisory Committee on the Traffic in Opium and Other Dangerous Drugs, was established by the first Assembly of the League of Nations on December 15, 1920...
the power to reschedule controlled substances. However, it would be difficult or impossible to change international cannabis regulations through that body. As Cindy Fazey
Cindy Fazey
Cindy Fazey is a criminologist and former Chief of Demand Reduction for the United Nations Drug Control Programme. She has been Professor of International Drug Policy at the University of Liverpool since 1998. Fazey has spoken in the past of "the complete failure of national and international drugs...
, former Chief of Demand Reduction for the United Nations Drug Control Programme points out http://www.fuoriluogo.it/arretrati/2003/apr_17_en.htm:
- Theoretically, the conventions can be changed by modification, such as moving a drug from one schedule to another or simply by removing it from the schedules. However, this cannot be done with cannabis because it is embedded in the text of the 1961 Convention. Also, modification would need a majority of the Commissions’ 53 members to vote for it. Amendment to the conventions, that is changing an article or part of an article, does not offer a more promising route for the same reason. Even if a majority were gained, then only one state need ask for the decision to go to the Economic and Social Council for further consideration, and demand a vote. The 1971 and 1988 Conventions need a two-thirds majority for change, not just a simple majority.
The only way to modify cannabis regulations at the international level would be call a conference to adopt amendments, in accordance with Article 47 of the Single Convention. This has only been done once, with the 1972 Protocol Amending the Single Convention on Narcotic Drugs
Protocol Amending the Single Convention on Narcotic Drugs
The 1972 Protocol Amending the Single Convention on Narcotic Drugs was a protocol that made several changes to the Single Convention on Narcotic Drugs...
. As Fazey notes, this process is fraught with bureaucratic obstacles.
U.S. opposition
The United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, one of the most influential Parties to the Single Convention, has tended to oppose loosening cannabis laws. Describing the former-U.S. President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
's position, an October 20, 1999 article in the Dallas Morning News noted, "Aides said Mr. Bush does not support legalizing marijuana for medical use"http://www.mpp.org/news/dmn102099.html.
In reference to situations where the Commission on Narcotic Drugs
Commission on Narcotic Drugs
The Commission on Narcotic Drugs is the central drug policy-making body within the United Nations system. Its predecessor, the Advisory Committee on the Traffic in Opium and Other Dangerous Drugs, was established by the first Assembly of the League of Nations on December 15, 1920...
proposes changing the scheduling of any drug, (d)(2)(B) of The U.S. Controlled Substances Act
Controlled Substances Act
The Controlled Substances Act was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain...
gives the Secretary of Health and Human Services
United States Secretary of Health and Human Services
The United States Secretary of Health and Human Services is the head of the United States Department of Health and Human Services, concerned with health matters. The Secretary is a member of the President's Cabinet...
the power to issue recommendations that are binding on the U.S. representative in international discussions and negotiations:
- Whenever the Secretary of State receives information that the Commission on Narcotic Drugs of the United Nations proposes to decide whether to add a drug or other substance to one of the schedules of the Convention, transfer a drug or substance from one schedule to another, or delete it from the schedules, the Secretary of State shall transmit timely notice to the Secretary of Health and Human Services of such information who shall publish a summary of such information in the Federal Register and provide opportunity to interested persons to submit to him comments respecting the recommendation which he is to furnish, pursuant to this subparagraph, respecting such proposal. The Secretary of Health and Human Services shall evaluate the proposal and furnish a recommendation to the Secretary of State which shall be binding on the representative of the United States in discussions and negotiations relating to the proposal.
The Secretary of Health and Human Services also has power, under (b), to issue findings on scientific and medical matters that are binding on the Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
, and to require that drugs be removed from federal control. Thus, the Secretary of Health and Human Services has great power over drug policy at the U.S. and global levels. The U.S. President's control over drug policy ultimately rests in his ability to appoint and dismiss the Secretary.
The U.S Department of Justice Drug Endorsement Administration (DEA
DEA
DEA is the commonly used acronym for the Drug Enforcement Administration, a United States law enforcement agency.DEA or Dea may also refer to:- Organizations :* DEA , UK development education charity...
) denied in June 2011 a petition that proposed rescheduling of cannabis and enclosed a long explanation for the denial.
INCB opposition
In addition, the International Narcotics Control BoardInternational Narcotics Control Board
The International Narcotics Control Board is the independent and quasi-judicial control organ for the implementation of the United Nations drug conventions...
has tended to have an unfavorable view of drug legalization. This was perhaps most profoundly expressed by Philip O. Emafo
Philip O. Emafo
Philip O. Emafo, a Nigerian, is a former President of the International Narcotics Control Board and a vocal critic of drug legalization. Prior to serving on the INCB, he was a pharmacist.-References:*, May 18, 2004.*, UN Information Service, May 27, 2003....
, former President of the International Narcotics Control Board, in the Board's 2002 annual report http://www.incb.org/e/ind_ar.htm:
- The Board continues to serve the international community in line with its mandate. Some distractions, however, come from groups that advocate legalization or decriminalization of drug offences, and others come from groups that favour a crusade focusing only on “harm minimization” or “harm reduction”. Contrary to all available evidence, such lobbyists have persisted in proclaiming that there are safe ways to abuse drugs.
- Supporters of such legalization pursue their goals through aggressive, wellfunded campaigns and with missionary zeal. Their arguments, however, do not reflect the truth. The truth is that there are no safe ways to abuse drugs. The truth is that drug abuse creates problems for the drug abusers, for their immediate environment and, ultimately, for society as a whole. Most people are all too familiar with the pain experienced by the family members of a drug addict and with the disintegration of families as a result of drug abuse. And many people are aware of the loss of productivity that occurs in companies whose employees abuse drugs.
- The sight of unkempt drug abusers on street corners and in train stations, begging for money to finance their drug habits, cannot be ignored by responsible Governments. States have a moral and legal responsibility to protect drug abusers from further self-destruction. States should not give up and allow advocates of legalization to take control of their national drug policies. Governments should not be intimidated by a vocal minority that wants to legalize illicit drug use. Governments must respect the view of the majority of lawful citizens; and those citizens are against illicit drug use.
- Persons in favour of legalizing illicit drug use argue that drug abusers should not have their basic rights violated; however, it does not seem to have occurred to those persons that drug abusers themselves violate the basic rights of their own family members and society. Families and society also have rights that should be respected and upheld.
These comments suggest that support from the Board is unlikely in the near future.
Other options
Individual nations could withdraw from drug control treaties, but would still be subject to the pervasive influence of bodies like the International Narcotics Control BoardInternational Narcotics Control Board
The International Narcotics Control Board is the independent and quasi-judicial control organ for the implementation of the United Nations drug conventions...
, which can issue unfavorable reports and recommend sanctions. The Single Convention on Narcotic Drugs
Single Convention on Narcotic Drugs
The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research...
or the Convention on Psychotropic Substances
Convention on Psychotropic Substances
The Convention on Psychotropic Substances of 1971 is a United Nations treaty designed to control psychoactive drugs such as amphetamines, barbiturates, benzodiazepines, and psychedelics signed at Vienna on February 21, 1971...
could be terminated if the number of signatories fell below 40, but the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances has no termination clause and therefore would remain in effect as long as there is even one signatory.
Arguments used for and against prohibition of cannabis
Arguments for prohibition include physical and mental health and public order grounds, negative effects on work and education, increased risk for accidents, the Gateway drug theory and purely political grounds such as vote catching and simple dislike of the drug culture.Arguments against prohibition include that it not being a dangerous substance, civil rights issues (including religious ones), loss of potential tax revenues, unnecessary criminalization of ordinary people and the enforced mixing of cannabis users with sellers of more dangerous drugs and the associated criminal underworld, and the practical argument that prohibition is not effective at reducing drug use.
Another argument against prohibition is the inevitable increase in potentially dangerous impurities that distribution through criminal networks entails and the health hazards and their costs that these impose.
See also Arguments for and against drug prohibition
Arguments for and against drug prohibition
Arguments about the prohibition of drugs, and over drug policy reform, are subjects of considerable controversy. The following is a presentation of major drug policy arguments, including those for drug law enforcement on one side of the debate, and arguments for drug law reform on the other.-...
.
See also
- Legality of cannabis
- ProhibitionProhibitionProhibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
(alcohol prohibition) - Cannabis rescheduling in the United StatesCannabis rescheduling in the United StatesIn the United States, all preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes are currently classified under Schedule I of the Controlled Substances Act, the most tightly restricted category reserved for drugs which have "no currently accepted...
- Adult lifetime cannabis use by countryAdult lifetime cannabis use by countryAdult lifetime cannabis use by country refers to the lifetime prevalence of cannabis use among all adults in surveys among the general population. Lifetime prevalence means any use during a person’s life. Unless another reference is indicated all the data comes from the European Monitoring Centre...
- Annual cannabis use by countryAnnual cannabis use by countryThis is a list of countries by the annual prevalence of cannabis use as a percentage of the population aged 15–64...
- Decriminalization of non-medical marijuana in the United StatesDecriminalization of non-medical marijuana in the United StatesAttempts to decriminalize cannabis in the United States began in the 1970s. Several jurisdictions have subsequently decriminalized cannabis for non-medical purposes, as views on cannabis have liberalized, peaking in 1978...
- Health issues and the effects of cannabisHealth issues and the effects of cannabisThe effects of cannabis are caused by cannabinoids, most notably the chemical substance tetrahydrocannabinol . Cannabis has both psychological and physiological effects on the human body...
- Illegal drug tradeIllegal drug tradeThe illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
- Legal and medical status of cannabisLegal and medical status of cannabisCannabis is in Schedule IV of the Single Convention on Narcotic Drugs, making it subject to special restrictions. Article 2 provides for the following, in reference to Schedule IV drugs:...
- Legality of cannabis by country
- Removal of cannabis from Schedule I of the Controlled Substances Act
- Single Convention on Narcotic DrugsSingle Convention on Narcotic DrugsThe Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research...
- National Organization for the Reform of Marijuana Laws