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International drug control conventions

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International drug control conventions

The international drug control conventions, also known as the United Nations drug control conventions, are three related, non self-executing treaties that establish an international legal framework for drug control. They serve to maintain a classification system of controlled substances including psychoactive drugs and precursors, to ensure the regulated supply of those substances useful for medical and scientific purposes, and to prevent other uses. Ratification is near universal among UN member countries.

The treaties are the Single Convention on Narcotic Drugs (1961; amended in 1972), the Convention on Psychotropic Substances (1971), and the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). There are also other minor treaties addressing drugs, such as the Convention on the Rights of the Child or the UN Convention on the Law of the Sea.

The three treaties are complementary and mutually supportive. They serve to maintain a classification system of controlled substances, including psychoactive drugs and plants, and chemical precursors, to ensure the regulated supply of those substances determined to be useful for medical and scientific purposes, and to otherwise prevent production, distribution and use, with some limited exceptions and exemptions. Adoption of the treaties is near universal among the UN's 193 member countries.

The treaties are not self-executing, they operate indirectly by providing a skeleton template of provisions that have to be fleshed out in the domestic law of each member country. Thus each country has a degree of flexibility in conforming treaty obligations to their own socio-cultural, political and economic realities; this latitude has been described as a "vast grey area ... subject to judicial interpretation and political contestation."

The cornerstone Single Convention on Narcotic Drugs (as amended in 1972) integrated into a single framework nine pre-existing international drug treaties dating back to 1912, and extended the control system, including to the cultivation of plants used for narcotic drugs. The subsequent two conventions addressed new developments and concerns; some 340 substances in total are listed across the three. For each of the conventions, an official Commentary provides comprehensive legal analysis to assist with interpretation.

The Single Convention on Narcotic Drugs, 1961 was adopted in 1961, entered into force on December 13, 1964, and, as amended by the 1972 Protocol; has been joined by 186 countries as of 2022. According to the United Nations Office on Drugs and Crime (UNODC), the Single Convention aims to "combat drug abuse" by limiting "the possession, use, trade in, distribution, import, export, manufacture and production of drugs exclusively to medical and scientific purposes" and through "international cooperation to deter and discourage drug traffickers". The Single Convention classifies drugs in four schedules; Schedules I and IV are the most prohibitive (IV is a subset of I) and included opium, heroin, cocaine and cannabis (in 2020, cannabis was removed from the most restrictive Schedule IV).

The Convention on Psychotropic Substances was adopted in 1971, entered into force on August 16, 1976, has been joined by 184 countries. It addresses a number of synthetic psychotropic substances, such as amphetamines, barbiturates, and LSD, that had become widely used since World War II, and especially in the 1960s, and were generally not regulated internationally. According to the UNODC, the convention "responded to the diversification and expansion of the spectrum of drugs of abuse and introduced controls over a number of synthetic drugs according to their abuse potential on the one hand and their therapeutic value on the other". The convention classifies the drugs it concerns in a four-schedule system different in the details from the Single Convention schedules.

The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances was adopted in 1988, entered into force on November 11, 1990, has been joined by 191 countries. The convention addressed concern over the rapid growth in international drug trafficking. According to the UNODC, it "provides comprehensive measures against drug trafficking, including provisions against money laundering and the diversion of precursor chemicals". The treaty essentially "criminalized the entire drug market chain, from cultivation/production to shipment, sale, and possession".

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