Article 2 paragraph 9 of the Single Convention on narcotic drugs

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Article 2(9) of the Single Convention on Narcotic Drugs, 1961 is a treaty provision allowing countries to exempt from international drug control certains drugs "which are commonly used in industry for other than medical or scientific purposes" [1] under specific conditions. [2]

Contents

This clause has long been used in the context of industrial hemp [3] and has garnered attention more recently [4] [5] [6] [7] [8] in various countries in discussions about the legalisation of recreational cannabis, [9] coca leaf, [10] and other controlled drugs in possible compliance with international cannabis law. [11]

Text

Article 2 is titled "Substances under control." Paragraph 9 closes the article, providing the framework for the cases where substances are exempt from such control.

The text of article 2 paragraph 9 reads:

Parties are not required to apply the provisions of this Convention to drugs which are commonly used in industry for other than medical or scientific purposes, provided that:

(a) They ensure by appropriate methods of denaturing or by other means that the drugs so used are not liable to be abused or have ill effects (article 3, paragraph 3) and that the harmful substances cannot in practice be recovered; and

(b) They include in the statistical information (article 20) furnished by them the amount of each drug so used.

The Commentary on the Single Convention, published in 1973, provide some context about this article:

It was mentioned in the Plenipotentiary Conference, during the discussion of the draft of the paragraph under consideration, that the provision was of no immediate practical importance, but had been inserted to anticipate possible future developments. The developments appear still to be in the future at the time of this writing.

The liability “to be abused” or to “have ill effects” which is mentioned in subparagraph (a) and which must be prevented by the Government concerned “by appropriate methods of denaturing or by other means”, is the same dangerous property as that which under article 3, paragraph 3, subparagraph (iii) justifies the placement of a substance under the international narcotics regime. […]. Not only must Governments ensure that the recovery of drugs used up in manufacture is prevented or made impracticable, but it must also be made impossible or impracticable to restore the dangerous properties of those drugs which are not used up in the industrial process, but only transformed for use for harmless non-medical purposes, e.g. as dyes.

Under article 20, paragraph 1, subparagraph (b), Governments must include in their annual statistical reports to the Board the quantity of each drug utilized for the manufacture of any substance not covered by the Single Convention, and the name of the substance obtained. [12]

Analysis

In the Single Convention, "other than medical and scientific purposes" are not subject to the general legal framework established in Article 4(c), but exempt under Article 2(9). [13] The Single Convention is silent as to whether Article 2(9) only excludes drugs when used in industrial processes that do not involve consumption by humans, or if any use that is not medical or scientific (including consumption by humans for recreational use) can be exempted under the provision. The Commentary is unhelpful: on one hand, it only cites two examples (dyes, and photography), on the other hand it mentions broad statement (referring to "other than medical and scientific purposes" as "common industrial uses") which do not help narrow down the meaning of the provision.

Article 2(9) is used as a legal basis for the non-application of drug control to low-THC cannabis products derived from industrial hemp crops. [3] [14]

Some analysts are of the view that "recreational use" is also part of the "other than medical and scientific purposes" and that the words "common in industry" can refer to the cannabis industry. [15] It is also suggested that, based on the maxim of maximum effectiveness, or ut res magis valeat quam pereat (that the matter may have effect rather than fail ) the "other means" in subparagraph (a) can be understood as substance abuse prevention and harm reduction measures, and "harmful substance" must be understood as "harmful gist" without which the entire provisions necessarily "leads to a result which is manifestly absurd or unreasonable" (VCLT article 32). [4] [6] On this basis, they argue a country's legalization with prevention and harm reduction measures (to meet paragraph (a)) and a reporting of data (to meet paragraph (b)) would be compliant with the Single Convention. [16] [11] It has even been advanced that article 2(9) constitutes an obligation to harm reduction. [8] Other analysts have rejected the applicability of Article 2(9) to recreational cannabis, [5] [6] on the grounds that "both the original intent and subsequent practice have strictly limited this exemption" [17]

Implementation

Article 2(9) is used by countries to exempt hemp. [18]

In 2021, Malta legalized cannabis, becoming the first EU country to do so. [19] In its law, Malta used the language of article 2 (9). [20] In 2022, Switzerland adopted a model of experimental regulations that has been argued to be aligned with the provisions of article 2(9). [16]

Other countries that have legalized recreational cannabis do not rely on the provisions of article 2 paragraph 9.

References

  1. ↑ "Single Convention on Narcotic Drugs, 1961, as amended by the Protocol amending the Single Convention on Narcotic Drugs, 1961; New York, 8 August 1975". United Nations Treaty Series . IV "Narcotic Drugs and Psychotropic Substances" (18). Secretary-General of the United Nations. 2022. Archived from the original on 8 September 2022. Retrieved 8 September 2022.
  2. ↑ Fields of Green for ALL (2024-02-28). "Statement submitted by Fields of Green for All NPC, a nongovernmental organization in special consultative status with the Economic and Social Council; Commission on Narcotic Drugs, Sixty-seventh session, Vienna, 14–22 March 2024, Item 5 (e) of the provisional agenda, Implementation of the international drug control treaties: other matters arising from the international drug control treaties". docs.un.org. Retrieved 2025-04-20.
  3. 1 2 Mirošņičenko, Aļona (2019). Legislative framework of cannabis within the European Union. Analysis of legal status of recreational cannabis for personal possession (PDF). Riga: Riga Graduate School of Law. p. 13.
  4. 1 2 Riboulet-Zemouli, Kenzi (2022). High Compliance, a Lex Lata Legalization for the Non-Medical Cannabis Industry: How to Regulate Recreational Cannabis in Accordance with the Single Convention on Narcotic Drugs, 1961. Paris and Washington, D.C.: FAAAT. ISBN   979-10-97087-23-4. SSRN   4057428.
  5. 1 2 Institute, Transnational (2022-04-29). "A House of Cards: 'High compliance': A legally indefensible and confusing distraction". Longreads. Archived from the original on 27 January 2023. Retrieved 2022-12-08.
  6. 1 2 3 Riboulet-Zemouli, Kenzi (2022-06-01). "High Compliance, UN Treaties: "Reviewing The Reviewers"". Cannabis Law Journal. 2022 (6).
  7. ↑ Clusker, Peter (2023-06-28). "Is The European Union Set To Change Its Stance On Cannabis?". Business of Cannabis. Retrieved 2025-04-20.
  8. 1 2 "Non-medical Cannabis & international law: compliance and controversies". Lisbon Addictions 2024 – European Conference on Addictive Behaviours and Dependencies. 2024.
  9. ↑ Collectif (2022-04-09). "Comment réglementer le cannabis récréatif conformément à la Convention unique sur les stupéfiants de 1961". NORML France (in French). Retrieved 2025-04-20.
  10. ↑ Eyaaz (2024-04-19). "'Sunrise' cannabis sector still to emerge in SA". The Mail & Guardian. Retrieved 2025-04-20.
  11. 1 2 Crosio, Paul (2023-03-02). "Thailand's Cannabis Treaty Obligations: Conventions and Constraints". The Australian-Thai Chamber of Commerce (AustCham). Retrieved 2025-04-20.
  12. ↑ United Nations (1973). Commentary on the Single Convention on Narcotic Drugs of 1961 + Commentary on the 1972 Amendment. pp. 72–73.
  13. ↑ Room, R; McKay, S (2012). Roadmaps to reforming the UN Drug Conventions. Oxford: Beckley Foundation.
  14. ↑ "United Nation Single Convention of 1961". EIHA. Retrieved 2025-04-20.
  15. ↑ Krawitz, Michael (2022). "DRCNet Foundation, Michael Krawitz: Statement on Plenary Item 5(e): Implementation of the international drug control treaties, other matters arising from the international drug control treaties. March 16, 2022". CNDblog. Plenary Statements of the United Nations Commission on Narcotic Drugs, 65th Session. Archived from the original on 9 December 2022. Retrieved 8 December 2022.
  16. 1 2 Riboulet, Kenzi; Jeanroy, Benjamin-Alexandre (2022). Treaty compliance options for cannabis regulations in he EU: Models of decriminalisation and legal regulation compliant with International Law and EU acquis (Policy Brief). Prague: Racionální politiky závislostí.
  17. ↑ TNI (2024). "Cannabis Regulation, EU Drug Law, Trade Rules and the UN Drug Control Treaties" (PDF).
  18. ↑ Riboulet-Zemouli, Kenzi (2024). Hemp and the Treaty: deciphering the legal status of industrial Cannabis and cannabidiol under the drug control conventions (PDF). Vienna: UNODC.
  19. ↑ "Malta becomes first EU nation to legalise cannabis". BBC . Dec 14, 2021. Retrieved Aug 25, 2024.
  20. ↑ Peter (2022-03-24). "How Existing Global Drug Conventions Provide A Pathway To End Cannabis Prohibition". BusinessCann. Archived from the original on 15 November 2022. Retrieved 2022-12-08.
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