Convention on Psychotropic
Substances
(Vienna, 21 February 1971)
OBJECTIVES
The
Convention on Psychotropic Substances, 1971 (the Convention), establishes an
international control system for psychotropic substances, similar to that
provided for by the Single Convention on Narcotic Drugs, 1961, as amended by the
1972 Protocol amending the Single Convention on Narcotic Drugs, 1961, regarding
narcotic drugs. It 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 and their therapeutic value. The
Convention puts under different levels of international control over a hundred
psychotropic substances.
KEY PROVISIONS
The Convention classifies psychotropic
substances in four schedules. In determining whether a substance may require international
control and the addition of that substance in one of the schedules, the World
Heath Organization (WHO) makes an assessment of the substance taking into
account the extent or likelihood of abuse, the degree of seriousness of the
public health and social problem, and the degree of usefulness of the substance
in medical therapy. The Commission
on Narcotic Drugs of the Economic and Social Council of the United Nations,
taking into account the above assessment and bearing in mind the economic,
social, legal, administrative and other factors, may add the substance to one of
the schedules. The Convention also
sets up the procedure for changes in scope of control and for amendment of the
schedules. Updated schedules of psychotropic substances under control can be
obtained from the secretariat of the Commission on Narcotic Drugs.
The parties to the Convention are required to provide an annual report and other
relevant information regarding the implementation of the Convention in their
territories. The parties are also required to submit on a yearly basis to the
International Narcotics Control Board, inter
alia, the quantities of psychotropic
substances manufactured, exported
and imported in the past year.
The manufacture, trade and distribution of specified psychotropic
substances are subject to a
licensing system or similar control measure.
The Convention also mandates record keeping by manufacturers and the like
as well as medical prescriptions for specified psychotropic substances. Moreover, retail packages must include cautions and warnings,
as necessary, for the safety of the user. Special
provisions apply to international trade.
States parties are obliged to make punishable under their criminal law a certain
number of offences contrary to the provisions of the Convention, and to provide
for the seizure and confiscation of drugs, substances and related equipment.
Moreover, such offences may be deemed to be extraditable offences in any
extradition treaty existing between the parties.
Parties may also include such offences in any future extradition treaties
concluded between them.
ENTRY INTO FORCE
The Convention entered into force on 16 August 1976.
HOW TO BECOME A PARTY
The
Convention is closed for signature. It is open for ratification and accession to
any Member of the United Nations, to any non-Member State which is a member of a
specialized agency of the United Nations or the International Atomic Energy
Agency, or to a party to the Statute of the International Court of Justice, and
also to any other State which the Economic and Social Council may invite to
become a party.
OPTIONAL AND/OR MANDATORY DECLARATIONS
The Convention applies to all non-metropolitan territories for the international relations of which any party is responsible, except where the previous consent of such a territory is required by the Constitution of the party or of the territory concerned, or required by custom. In such case, the party shall endeavour to secure the needed consent of the territory within the shortest period possible, and when that consent is obtained, the party shall notify the Secretary-General. The Convention shall apply to the territory or territories named in such notification from the date of its receipt by the Secretary-General. In those cases where the previous consent of the non-metropolitan territory is not required, the party concerned shall, at the time of signature, ratification or accession, declare the non-metropolitan territory or territories to which the Convention applies (article 27).
Any party may notify the Secretary-General that, for the purposes of the Convention, one of its territories is divided into two or more regions, or that two or more of its regions are consolidated into a single region. Two or more parties may notify the Secretary-General that, as the result of the establishment of a customs union between them, those parties constitute a region for the purposes of the Convention. Any such notification shall take effect on 1 January of the year following the year in which the notification was made (article 28).
RESERVATIONS
No reservations are permitted other than those made in accordance with article 32. Any State may at the time of signature, ratification or accession make reservations in respect of the following provisions of the Convention:
(a) Article 19, paragraphs 1 and 2;
(b) Article 27; and
(c) Article 31.
A State on whose territory there are plants growing wild, which contain psychotropic substances from among those in schedule I and which are traditionally used by certain small, clearly determined groups in magical or religious rites, may, at the time of signature, ratification or accession, make reservations concerning these plants, in respect of the provisions of article 7, except for the provisions relating to international trade.
A State which desires to become a party but wishes to be authorized to make reservations other than those made in accordance with article 32, paragraphs 2 and 4, may inform the Secretary-General of such intention. Unless, by the end of twelve months after the date of the Secretary-General's communication of the reservation concerned, this reservation has been objected to by one third of the States that have signed without reservation of ratification, ratified or acceded to this Convention before the end of that period, it shall be deemed to be permitted, it being understood, however, that States which have objected to the reservation need not assume towards the reserving State any legal obligation under this Convention which is affected by the reservation.
A State which has made reservations may at any time by notification in writing to the Secretary-General withdraw all or part of its reservations.
WITHDRAWAL/DENUNCIATION
Any party may, on its own behalf or on
behalf of a territory for which it has international responsibility and which
has withdrawn its consent, denounce this Convention by an instrument in writing
deposited with the Secretary-General. The denunciation, if received by the
Secretary-General on or before the first day of July of any year, shall take
effect on the first day of January of the succeeding year, and if received after
the first day of July it shall take effect as if it had been received on or
before the first day of July in the succeeding year.
STATUS AS OF 24 MARCH 2003
