Single Convention on
Narcotic Drugs, 1961, as amended by the Protocol amending the Single Convention
on Narcotic Drugs, 1961
(New York, 8 August 1975)
OBJECTIVES
The Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol
amending the Single Convention on Narcotic Drugs, 1961 (the Convention),
consolidates international agreements concluded on this issue since 1912.
The Convention aims to ensure access to narcotic drugs for scientific and
medical use and to combat drug abuse by coordinated international action. First,
it limits the possession, use, trade in, distribution, import, export,
manufacture and production of drugs exclusively to medical and scientific
purposes. Second, it combats drug trafficking through international cooperation
to deter and discourage drug traffickers. The Convention places over a hundred
narcotic drugs under different levels of international control.
KEY PROVISIONS
The Convention classifies narcotic
drugs in four schedules, according to their risk of abuse and production of ill
effects. According to the classification, the substances are subject to
different measures of control by the States parties.
The Convention also sets up the procedure for changes in scope of control
and for amendment of the schedules. Updated schedules of narcotic drugs under
control can be obtained from the secretariat of the Commission on Narcotic
Drugs.
The parties to the Convention are required to provide the Commission on
Narcotic Drugs of the Economic and Social Council with an annual report and
other relevant information. The parties are also required to submit on a yearly
basis to the International Narcotics Control Board an estimate of, inter
alia, the quantities of narcotic drugs to be consumed in the following year
for medical and scientific purposes and to be used for the manufacturing of
drugs, as well as statistical returns on the production, utilization and
consumption of narcotic drugs in the past year.
The manufacture, trade and distribution of narcotic drugs are subject to
controls and to a licensing system. Special provisions apply to international
trade and to the cultivation of opium poppy, coca and cannabis.
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 are deemed to be
extraditable offences in any extradition treaty existing between the parties.
Parties are also obliged to include such offences in any future
extradition treaties concluded between them.
ENTRY INTO FORCE
The Convention entered into force on 8 August 1975.
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 party to the Statute of the International Court of Justice or member of a specialized agency of the United Nations, and also to any other State which the Economic and Social Council may invite to become a party.
A State which becomes party to the Single Convention on Narcotic Drugs, 1961, after the entry into force of the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961, shall, failing an expression of a different intention, be considered as a party to the Single Convention as amended, and as a party to the unamended Single Convention in relation to any party to that Convention not bound by the Protocol (article 19 of the 1972 Protocol amending the Single Convention on Drugs, 1961).
OPTIONAL AND/OR MANDATORY DECLARATIONS
The Convention shall apply 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 42).
Any party may notify the Secretary-General that, for the purposes of articles 19, 20, 21 and 31 of the Convention, one of its territories is divided into two or more territories, or that two or more of its territories are consolidated into a single territory. 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 single territory for the purposes of articles 19, 20, 21 and 31 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 43).
RESERVATIONS
Any State may at the time of signature, ratification or accession make reservations in respect of the following provisions of the Convention: article 12, paragraphs 2 and 3; article 13, paragraph 2; article 14, paragraphs 1 and 2; article 31, paragraph 1 (b) and article 48.
Any State may, at the time of signature or ratification of or accession to the Protocol, make a reservation in respect of any amendment contained therein other than the amendments to article 2, paragraphs 6 and 7; article 9, paragraphs 1, 4 and 5; article 10, paragraphs 1 and 4; article 11; article 14 bis; article 16; article 22; article 35; article 36; paragraph 1 (b); article 38; and article 38 bis.
A party may also at the time of signature, ratification or accession reserve the right to permit temporarily in any one of its territories: (a) the quasi-medical use of opium; (b) opium smoking; (c) coca leaf chewing; (d) the use of cannabis, cannabis resin, extracts and tinctures of cannabis for non-medical purposes; and (e) the production and manufacture of and trade in the drugs referred to under (a) to (d) for the purposes mentioned therein. These transitional reservations are subject to time and other restrictions defined in article 49, paragraph 2, of the Convention, and the parties making such reservations shall comply with the obligations set in article 49, paragraph 3, of the Convention.
A State that wishes to be authorized to make reservations other than those listed above 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 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 that has made reservations may at any time by notification in writing 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, denounce
the 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 in any year, shall take effect on the first day of January in the
succeeding year, and, if received after the first day of July, 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
