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80-683: The International Narcotics Control Board ( INCB ) is an independent treaty body , one of the four treaty -mandated bodies under international drug control law (alongside the Commission on Narcotic Drugs , UNODC on behalf of the Secretary-General , and the WHO ). The INCB is responsible for monitoring the control of substances pursuant to the three United Nations drug control conventions and for assisting Member States in their efforts to implement those conventions. It plays an important role in monitoring

160-428: A 1996 UNODC report on ATS describe the international Schedules as listed below. A 1999 UNODC report notes that Schedule I is a completely different regime from the other three. According to that report, Schedule I mostly contains hallucinogenic drugs such as LSD that are produced by illicit laboratories, while the other three Schedules are mainly for licitly produced pharmaceuticals. The UNODC report also claims that

240-816: A Table I precursor under the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances because ephedrine can be used as a chemical precursor for the synthesis and manufacture of amphetamine or methamphetamine , both of which are controlled substances. As such, this move did not require WHO approval. The Expert Committee on Drug Dependence cautiously began investigating ketamine at its thirty-third meeting, noting, "Its use in veterinary medicine must also be considered in relation to its control". Ketamine remains uncontrolled internationally, although many nations (e.g. US and UK) have enacted restrictions on

320-631: A drug in Schedule IV or V of the Act is sufficient to "carry out the minimum United States obligations under paragraph 7 of article 2 of the Convention". This provision, which calls for temporarily placing a drug under federal drug control in the event the Convention requires it, was invoked in 1984 with Rohypnol ( flunitrazepam ). Long before abuse of the drug was sufficiently widespread in the United States to meet

400-507: A number of treaty bodies, in particular in relation with international human rights law . However, there are also treaty bodies related to non-human rights instruments such as the UPOV or the INCB . The mandates of treaty bodies is generally defined in the treaty that establishes them, and sometimes by General Assembly decisions or resolutions. Treaty bodies sometimes perform additional functions than

480-687: A reservation assuring them the right to permit the continuation of the traditional use in question" in the case that plants were in the future added to the Schedule I. Currently, naught plants or plant products are included in the Schedules of the 1971 Convention. Furthermore, in a letter, dated 13 September 2001, to the Dutch Ministry of Health, Herbert Schaepe, Secretary of the UN International Narcotics Control Board , clarified that

560-645: A tightly restricted category of drugs called Schedule I, but the US Act restricts medical use of Schedule I substances to research studies, while the Convention allows broader, but limited and restricted, medical use of Schedule I controlled substances but scientific or industrial use of controlled substances is normally permitted. Several of the substances originally placed in Schedule I are psychedelic drugs which are contained in natural plants and fungi (such as peyote and psilocybin mushrooms ) and which have long been used in religious or healing rituals. The Commentary notes

640-441: A way which is more stringent than morphine under the narcotics treaties. Article 7 , which sets down this regime, provides that such substances can only be moved in international trade when both exporter and importer are government authorities, or government agencies or institutions specially authorized for the purpose; in addition to this very rigid identification of supplier and recipient, in each case export and import authorization

720-640: Is also mandatory. Article 2 sets out a process for adding additional drugs to the Schedules. First, the World Health Organization (WHO) must find that the drug meets the specific criteria set forth in Article 2, Section 4, and thus is eligible for control. Then, the WHO issues an assessment of the substance that includes: Article 2, Paragraph 4 : If the World Health Organization finds: (a) That

800-647: Is an integral part of the Secretariat of the United Nations; while under the full administrative control of the Secretary-General, it is bound to carry out the decisions of the Board; The members of the secretariat are appointed or assigned by the Secretary-General; the head of that secretariat is appointed or assigned in consultation with the Board. The Commentary to the Convention on Psychotropic Substances notes, "Since

880-527: Is called Nicotinell. All kinds of nicotine products are readily available in Finnish grocery stores and pharmacies. Tetrahydrocannabinol (THC), the main active ingredient in cannabis , was originally placed in Schedule I when the Convention was enacted in 1971. At its twenty-sixth meeting, in response to a 1987 request from the Government of the United States that THC be transferred from Schedule I to Schedule II,

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960-548: Is established under a treaty and is not an organ of an international organization." A research guide published by the UN library lists key characteristics of human rights treaty-based bodies: Notably, the experts conforming treaty bodies usually serve in their personal capacity (i.e., not representing their country). Treaty bodies are distinct from "international organizations" as such, like United Nations agencies, programs, or other sui generis international organizations . There are

1040-490: Is inherited from the previous treaty provision. Board Members elect a president among them for a one-year term. Although the 13 Members of the Board are independent, the Secretariat, officers, and staff of the INCB are entrusted to the United Nations. States parties to the 1961 Convention already expressed their desire to see INCB Secretariat integrated within the United Nations system under Secretary-General : That secretariat

1120-562: Is likely to be abused so as to constitute a public health and social problem warranting the placing of the substance under international control, the World Health Organization shall communicate to the Commission an assessment of the substance, including 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, together with recommendations on control measures, if any, that would be appropriate in

1200-693: The 1931 Convention created the Drug Supervisory Body to gather estimates, in complement of the PCOB. After the dissolution of the League of Nations in 1946, the Lake Success Protocol Amending the Agreements, Conventions and Protocols on Narcotic Drugs transferred the powers and mandate of both Permanent Central Opium Board and Drug Supervisory Board to a specially-created joint body to administer

1280-570: The Commentary : Similarly, tobacco can cause dependence and has little medical use, but it was not considered to be a stimulant or depressant or to be similar to other scheduled substances. Most important, according to the Commentary : The Commission on Narcotic Drugs makes the final decision on whether to add the drug to a Schedule, "taking into account the communication from the World Health Organization, whose assessments shall be determinative as to medical and scientific matters, and bearing in mind

1360-534: The Commission on Narcotic Drugs . The commission has power to influence drug control policy by advising other bodies and deciding how various substances will be controlled. Enforcement power lies in the mandate of each State Party to the Conventions. The Board has mostly a monitoring and surveillance role. The INCB has a role generally similar under the 1961 and 1971 Conventions. The substances under scrutiny differ. The 1961 Single Convention , Article 9 provides that

1440-736: The Controlled Substances Act (amended in 1978 by the Psychotropic Substances Act , which allows the U.S. drug control Schedules to be updated as needed to comply with the Convention). In 1971, the United Kingdom passed the Misuse of Drugs Act 1971 . A host of other nations followed suit. A common feature shared by most implementing legislation is the establishment of several classes or Schedules of controlled substances, similarly to

1520-581: The United Nations Economic and Social Council entrusted the management of INCB Secretariat to the agency known today as United Nations Office on Drugs and Crime . (Pakistan) (Mexico) (Thailand) (US) (Chile) (Russia) (France) (China) (India) (Peru) (US) (Russia) (Ghana) (Turkey) (China) (South Africa) (Malta) Treaty body The International Law Commission defines an "expert treaty body" as: "a body consisting of experts serving in their personal capacity, which

1600-475: The opium poppy 's psychoactive derivatives. Over the next half-century, several additional treaties were adopted under League of Nations auspices, gradually expanding the list of controlled substances to encompass cocaine and other drugs and granting the Permanent Central Opium Board power to monitor compliance. After the United Nations was formed in 1945, those enforcement functions passed to

1680-490: The "Mexican Indian Tribes Mazatecas , Huicholes and Tarahumaras " as well as the " Kariri and Pankararu of eastern Brazil" as examples of societies that use such plants. Article 32, paragraph 4 allows for States, at the time of signature, ratification or accession, to make a reservation noting an exemption for However, the official Commentary on the Convention on Psychotropic Substances makes it clear that psychedelic plants (and indeed any plants) were not included in

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1760-445: The 1971 Convention, and Article 22 of the 1988 Convention, give the Board the authority to investigate the failure of any country or region to carry out the convention's provisions. This includes countries that are not Parties to the Conventions. The Board can ask for explanations from the Government in question, propose that a study of the matter be carried out in its territory, and call upon the Government to adopt remedial measures. If

1840-561: The Act's drug control criteria, rohypnol was added to the Schedules of the Convention on Psychotropic Substances, and the U.S. government had to place rohypnol in Schedule IV of the Controlled Substances Act in order to meet its minimum treaty obligations. As of March 2005, 111 substances were controlled under the Convention. In 1998, ephedrine was recommended for control under the Convention. The Dietary Supplement Safety and Science Coalition lobbied against control, stressing

1920-488: The Board finds that the Government has failed to give satisfactory explanations, or has failed to adopt remedial measures that it has been called upon to take, the Board can call the attention of the Parties, the council, and the commission to the matter. The Board can also publish a report on the matter for communication to all Parties. Under some circumstances, it can penalize a violator by reducing its export quota of opium, under

2000-492: The Board has that authority except in very grave situations". Decisions under Article 19 require a two-thirds vote of the Board. INCB has been criticized for claiming being a "quasi-judicial" body whereas neither the three drug control Conventions nor ECOSOC resolutions provide it with such a mandate. In September 2022, Virginia Patton Prugh , Attorney Advisor at the United States Department of State , declared on

2080-615: The Board is not in continuous session and in fact meets only a few weeks each year, it has to delegate to its secretariat the required authority in order to maintain between its sessions 'the mechanism for a continuing dialogue' with Governments". Additionally, in 1990, the Board noted that "by decision of the Secretary-General, the Director-General of the United Nations Office at Vienna serves as Coordinator of all United Nations drug control-related activities." Resolution 1991/46 of

2160-433: The Board shall endeavour to: But these refer to monitoring and advice, rather than enforcement. The INCB has no direct enforcement powers. Articles 12 and 19 of the same Convention give the Board the responsibility of reviewing, confirming, or requesting changes to the annual estimates of needs for narcotic drugs among Parties concerning licit cultivation, production, manufacture, export, import, distribution and trade, with

2240-603: The Board was the result of lobbying by the pharmaceuticals industry. The provision that three members would be WHO nominees is similar to provision in previous treaties, which had two of the four members of the Drug Supervisory Body to be appointed by the Office International d'Hygiène Publique (OIHP), the predecessor of WHO. The requirement that INCB nominees be appointed by ECOSOC in the Single Convention

2320-472: The Commission on Narcotic Drugs approved the transfer of dronabinol and its stereochemical variants from Schedule I to Schedule II of the Convention, while leaving other tetrahydrocannabinols and their stereochemical variants in Schedule I. At its thirty-third meeting (September 2002), the WHO Committee issued another evaluation of the drug and recommended that THC be moved to Schedule IV, stating: No action

2400-407: The Commission on Narcotic Drugs has declined to vote on whether to follow the WHO recommendation and reschedule tetrahydrocannabinol. The UN Economic and Social Council , as a parent body of the Commission on Narcotic Drugs, can alter or reverse the Commission's scheduling decisions. In the event of a disagreement about a drug's Scheduling, Article 2, Paragraph 7 allows a Party to, within 180 days of

2480-488: The Convention's Schedule I controls are stricter than those provided for under the Single Convention, a contention that seems to be contradicted by the 2002 Senate of Canada and 2003 European Parliament reports. Although estimates and other controls specified by the Single Convention are not present in the Convention on Psychotropic Substances, the International Narcotics Control Board corrected

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2560-555: The Expert Committee considered controlling nicotine, especially products such as gum, patches, nasal spray, and inhalers. The UN ultimately left nicotine unregulated. Since then, nicotine products have become even more loosely controlled; Nicorette gum, for instance, is now an over-the-counter drug in the United States and in Finland, readily available in Finland from grocery stores and pharmacies. Another nicotine gum sold in Finland

2640-515: The INCB from playing any role in the settlement of disputes between two or more Parties relating to the interpretation or application of the convention, instead leaving the resolution of these disputes to the Parties concerned through peaceful means of their own choice. Article 9 of the Single Convention specifies that the Board shall be made up of thirteen members elected by the UN Economic and Social Council (ECOSOC), including: The Article requires

2720-449: The INCB is not and should not self-define as a "quasi-judicial" body had been defended by civil society organisations and scholars for a number of years. Article 12 of the 1988 Convention Against Illicit Traffic requires the Board to report annually to the Commission on Narcotic Drugs on the implementation of the convention's restrictions on chemical precursors in Table I and Table II,

2800-571: The INCB were later complemented with the adoption of the Convention on Psychotropic Substances in 1971 and the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances in 1988. The drug control treaties mandates four international bodies: the Board, the World Health Organization , the Secretary-General of the United Nations (nowadays represented by the United Nations Office on Drugs and Crime ), and

2880-809: The Schedules of the 1971 Convention and included in the 1961 Convention alongside other Cannabis-related products and pharmaceutical preparations. However, this was rejected by a vote at the United Nations Commission on Narcotic Drugs on 2 December 2020. 2C-B is a psychedelic phenethylamine . At its thirty-second (September 2000) meeting the WHO Expert Committee on Drug Dependence recommended that 2C-B be placed in Schedule II, rather than with other scheduled psychedelics in Schedule I. The committee stated that "[t]he altered state of mind induced by hallucinogens such as 2C-B may result in harm to

2960-419: The Single Convention and its legislative history precluded any interpretation that would allow international regulation of these drugs under that treaty. A new convention, with a broader scope, would be required in order to bring those substances under control. Using the Single Convention as a template, the Commission prepared a draft convention which was forwarded to all UN member states. The Secretary-General of

3040-624: The Single Convention and the Convention on Psychotropic Substances, so that compliance with international law can be assured simply by placing a drug into the appropriate Schedule. The conference convened on 11 January 1971. Nations split into two rival factions, based on their interests. According to a Senate of Canada report, "One group included mostly developed nations with powerful pharmaceutical industries and active psychotropics markets ... The other group consisted of developing states ... with few psychotropic manufacturing facilities". The organic drug-making states that had suffered economically from

3120-402: The Single Convention and the Convention on Psychotropic Substances. It also strengthens provisions against money laundering and other drug-related crimes . These three UN drug conventions together establish the current international drug control framework. International drug control began with the 1912 International Opium Convention , a treaty which adopted import and export restrictions on

3200-418: The Single Convention's restrictions on cannabis , coca , and opium fought for tough regulations on synthetic drugs. The synthetic drug-producing states opposed those restrictions. Ultimately, the developing states' lobbying power was no match for the powerful pharmaceutical industry's, and the international regulations that emerged at the conference's close on 21 February were considerably weaker than those of

3280-611: The Single Convention. The Convention's adoption marked a major milestone in the development of the global drug control regime. Over 59 years, the system had evolved from a set of loose controls focused on a single drug into a comprehensive regulatory framework capable of encompassing almost any mind-altering substance imaginable. According to Rufus King, "It covers such a grab-bag of natural and manufactured items that at every stage of its consideration its proponents felt obliged to stress anew that it would not affect alcohol or tobacco abuse." As of February 2018, there are 184 state parties to

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3360-428: The Single Convention. Under the 1971 Convention on Psychotropic Substances , similar powers are given to the Board, in regards to psychotropic substances. In addition, Article 18 of the 1971 Convention requires the Board to issue annual reports on its work. During the negotiations of the Single Convention, governments refused to give the INCB direct enforcement powers. Article 14 of the Single Convention, Article 19 of

3440-560: The U.S. until 1967. In 1968, "[d]eeply concerned at reports of serious damage to health being caused by LSD and similar hallucinogenic substances", the United Nations Economic and Social Council (ECOSOC) passed a resolution calling on nations to limit the use of such drugs to scientific and medical purposes and to impose import and export restrictions. Later that year, the UN General Assembly requested that ECOSOC call upon its Commission on Narcotic Drugs to "give urgent attention to

3520-550: The UN Conventions do not cover "preparations" of psilocybin mushrooms : As you are aware, mushrooms containing the above substances are collected and abused for their hallucinogenic effects. As a matter of international law, no plants (natural material) containing psilocine and psilocybin are at present controlled under the Convention on Psychotropic Substances of 1971. Consequently, preparations made of these plants are not under international control and, therefore, not subject of

3600-514: The UN. In 1961, a conference of plenipotentiaries in New York adopted the Single Convention on Narcotic Drugs , which consolidated the existing drug control treaties into one document and added cannabis to the list of prohibited plants. In order to appease the pharmaceutical interests, the Single Convention's scope was sharply limited to the list of drugs enumerated in the Schedules annexed to

3680-421: The United Nations scheduled a conference for early 1971 to finalize the treaty. Meanwhile, countries had already begun passing legislation to implement the draft treaty. In 1969, Canada added Part IV to its Food and Drugs Act , placing a set of "restricted substances", including LSD, DMT , and MDA , under federal control. In 1970, the United States completely revamped its existing drug control laws by enacting

3760-696: The WHO Expert Committee assessment of MBDB: Circa 1994, the United States government notified the UN Secretary General that it supported controlling methcathinone , an addictive stimulant manufactured with common household products, as a Schedule I drug under the Convention. The FDA report warned of the drug's dangers, even noting that addicts in Russia were observed to often have " potassium permanganate burns on their fingers" and to "tend not to pay attention to their appearance, thus looking ragged with dirty hands and hair". With methcathinone having no medical use,

3840-430: The WHO Expert Committee on Drug Dependence recommended that THC be transferred to Schedule II, citing its low abuse potential and "moderate to high therapeutic usefulness" in relieving nausea in chemotherapy patients. The Commission on Narcotic Drugs rejected the proposal. However, at its twenty-seventh meeting, the WHO Expert Committee again recommended that THC be moved to Schedule II. At its 45th meeting, on 29 April 1991,

3920-599: The articles of the 1971 Convention . However, criminal cases are decided with reference to domestic law, which may otherwise provide for controls over mushrooms containing psilocine and psilocybin. As the Board can only speak as to the contours of the international drug conventions, I am unable to provide an opinion on the litigation in question. Nonetheless, in 2001 the U.S. Government, in Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal , argued that ayahuasca , an infusion of Mimosa hostilis and other psychoactive plants that

4000-429: The comments submitted by the Parties and the comments and recommendations of the Board, whose assessment shall be determinative as to scientific matters, and also taking into due consideration any other relevant factors". This role of assessment given to the INCB under the 1988 Convention was, under the 1961 and 1971 Convention, was reserved to the World Health Organization . Notably, this Convention explicitly preludes

4080-520: The communication of the Commission's decision, give the UN Secretary-General "a written notice that, in view of exceptional circumstances, it is not in a position to give effect with respect to that substance to all of the provisions of the Convention applicable to substances in that Schedule." This allows the nation to comply with a less stringent set of restrictions. The U.S. Controlled Substances Act 's 21 U.S.C. § 811(d)(4) implies that placing

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4160-512: The convention. This total includes 182 member states of the United Nations , the Holy See and the State of Palestine . The 11 UN member states that are not party to the convention are East Timor , Equatorial Guinea , Haiti , Kiribati , Liberia , Nauru , Samoa , Solomon Islands , South Sudan , Tuvalu and Vanuatu . Liberia has signed the treaty but has not ratified it. The list of Schedules and

4240-466: The council to make arrangements to ensure the Board's independence. Article 10 specifies that "[t]he members of the Board shall serve for a period of five years, and may be re-elected." The lengthy terms, and the fact that the Board is made up of individuals rather than nation-states, help buffer the Board from political pressure. Historians have argued that the requirement that members with "medical, pharmacological or pharmaceutical experience" be placed on

4320-511: The decision to place the drug in Schedule I was uncontested. Traditionally, the UN has been reluctant to control nicotine and other drugs traditionally legal in Europe and North America, citing tolerance of a wide range of lifestyles. This contrasts with the regulatory regime for other highly addictive drugs. Gabriel G. Nahas , in a Bulletin on Narcotics report, noted: Nonetheless, in October 1996,

4400-604: The direction of the United Nations Office of Legal Affairs , prepared the Commentary on the Convention on Psychotropic Substances. The Commentary, published in 1976, is an aid to interpreting the treaty and constitutes a key part of its legislative history . Provisions to end the international trafficking of drugs covered by this Convention are contained in the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances . This treaty, signed in 1988, regulates precursor chemicals to drugs controlled by

4480-527: The drug's history and safety, and arguing that "ephedrine is not a controlled substance in the US today, nor should it be internationally" because is a soft stimulant similar to caffeine . After a two-year debate, the Expert Committee on Drug Dependence decided against regulating ephedrine. However, the Commission on Narcotics Drugs and the International Narcotics Control Board listed the drug as

4560-411: The drug. The Expert Committee's evaluation of MDMA during its 22nd meeting in 1985 was marked by pleas from physicians to allow further research into the drug's therapeutic uses. Paul Grof , chairman of the Expert Committee, argued that international control was not yet warranted, and that scheduling should be delayed pending completion of more studies. The Expert Committee concluded that because there

4640-418: The economic, social, legal, administrative and other factors it may consider relevant". A similar process is followed in deleting a drug from the Schedules or transferring a drug between Schedules. For instance, at its 33rd meeting, the WHO Expert Committee on Drug Dependence recommended transferring tetrahydrocannabinol to Schedule IV of the Convention, citing its medical uses and low abuse potential. However,

4720-549: The estimate system. The functions of both bodies were merged into the current INCB with the adoption of the Single Convention on Narcotic Drugs in 1961, and those bodies were superseded when the INCB began its functions on March 2, 1968. Initially, the composition of the INCB under the Single Convention was strongly influenced by the 1946 Protocol. It inherited mechanisms of nomination from the League of Nations and Office International d'Hygiène Publique . The mandates and functions of

4800-472: The features of the substances fitting in each Schedule, in contrast to the US Controlled Substances Act of 1970, which gave specific criteria for each Schedule in the US system. The amphetamine-type stimulants (ATS), a legal class of stimulants – not all of which are substituted amphetamines – were defined in the 1971 treaty and in subsequent revisions. A 2002 European Parliament report and

4880-546: The light of its assessment. The Commentary gives alcohol and tobacco as examples of psychoactive drugs that were deemed to not fit the above criteria by the 1971 Conference which negotiated the Convention. Alcohol can cause dependence and central nervous depression resulting in disturbances of thinking and behavior, furthermore alcohol causes similar effects as barbiturates, alcohol causes very serious "public health and social problems" in many countries, and also alcohol has minimal use in modern medicine. Nevertheless, according to

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4960-560: The many newly discovered psychotropics, since its scope was limited to drugs with cannabis , coca and opium -like effects. During the 1960s such drugs became widely available, and government authorities opposed this for numerous reasons, arguing that along with negative health effects, drug use led to lowered moral standards. The Convention, which contains import and export restrictions and other rules aimed at limiting drug use to scientific and medical purposes, came into force on 16 August 1976. As of 2013, 183 member states are Parties to

5040-406: The objective of preventing diversion of drugs from licit sources into the illicit traffic. The estimates do not represent quotas in the strict sense, because the Parties may at any time request changes to their annual estimates, subject to providing the Board with the explanation of the circumstances necessitating such changes. The Board establishes estimates for all nations, including non-Parties to

5120-411: The occasion of an intersessional meeting of the Commission on Narcotic Drugs : Reviewing the many sources discussing INCB mandates, one would assume that the INCB has been designated to sit in judgement of MS in their effort to implement the treaties. If that it the case, it must be found in the treaties. But the treaties do not assign this role: it simply isn't there. The INCB is authorized to administer

5200-412: The omission by asking Parties to submit information and statistics not required by the Convention, and using the initial positive responses from various organic drug producing states to convince others to follow. In addition, the Convention does impose tighter restrictions on imports and exports of Schedule I substances. A 1970 Bulletin on Narcotics report notes: LSD, mescaline, etc., are controlled in

5280-465: The original Schedules and are not covered or included at all by the Convention. This includes "infusion of the roots" of Mimosa tenuiflora (M. hostilis; which contains DMT ) and "beverages" made from psilocybin mushrooms or psychotropic acacias , the latter of which are used in the DMT -containing beverage known colloquially as Ayahuasca. The purpose of Paragraph 4 of Article 32 was to allow States to "make

5360-429: The problem of the abuse of the psychotropic substances not yet under international control, including the possibility of placing such substances under international control". Circa 1969, with use of stimulants growing, ECOSOC noted with considerable consternation that the Commission "was unable to reach agreement on the applicability of the Single Convention on Narcotic Drugs, 1961 to these substances". The language of

5440-536: The production and trade of narcotics and psychotropics , as well as their availability for medical and scientific purposes, and in deciding which precursors should be regulated. The Board has predecessors since the League of Nations . Following the 1909 Shanghai International Opium Commission , an International Opium Convention was adopted in 1925 and established the Permanent Central Opium Board (PCOB) which started its work in 1928. Later on,

5520-450: The provisions of Article 21 bis. The Board can even "recommend to the Parties that they stop the export, import, or both, of particular psychotropic substances, from or to the country or region concerned, either for a designated period or until the Board shall be satisfied as to the situation in that country or region." The Commentary to the Convention on Narcotic Drugs points out, "This is a very serious measure, and it cannot be assumed that

5600-473: The sole monitoring of treaty compliance. Convention on Psychotropic Substances The Convention on Psychotropic Substances of 1971 is a United Nations treaty designed to control psychoactive drugs such as amphetamine-type stimulants , barbiturates , benzodiazepines , and psychedelics signed in Vienna , Austria on 21 February 1971. The Single Convention on Narcotic Drugs of 1961 did not ban

5680-404: The substance has the capacity to produce (i) (1) A state of dependence, and (2) Central nervous system stimulation or depression, resulting in hallucinations or disturbances in motor function or thinking or behaviour or perception or mood, or (ii) Similar abuse and similar ill effects as a substance in Schedule I, II, III or IV, and (b) That there is sufficient evidence that the substance is being or

5760-550: The substance if it finds that: The Convention requires the Board to notify the United Nations Secretary-General whenever it has information which, in its opinion, may justify adding a substance to, deleting a substance from, or transferring a substance between, the Tables. The Secretary-General then transmits that information to the Parties and the commission, and the Commission makes the decision, "taking into account

5840-413: The substances presently therein can be found on the International Narcotics Control Board's website. The Convention has four Schedules of controlled substances, ranging from Schedule I (most restrictive) to Schedule IV (least restrictive). A list of psychotropic substances, and their corresponding Schedules, was annexed to the 1971 treaty. The text of the Convention does not contain a formal description of

5920-479: The system of estimates and the statistical returns, and to support the Parties in implementing the Conventions. But there is no text suggesting that the INCB is given quasi-judicial functions to interpret the treaties, or adjudicate their conformity or compliance. Read the text; look carefully at the words: we, the Parties to the Conventions, are responsible for implementing our obligations, and we are also responsible for interpreting them in good faith. The position that

6000-471: The treaty and to those drugs determined to have similar effects. During the 1960s, drug use increased in Western developed nations. Young people began using hallucinogenic, stimulant, and other drugs on a widespread scale that has continued to the present. In many jurisdictions, police had no laws under which to prosecute users and traffickers of these new drugs; LSD , for instance, was not prohibited federally in

6080-406: The treaty's two categories of precursor substances in illicit drug manufacture. The INCB "Red List" lists precursors and chemicals frequently used in illicitly manufacturing narcotics and psychotropic substances under international control. In the case of a precursor substance not yet regulated, the convention also requires the Board to communicate to the Commission on Narcotic Drugs an assessment of

6160-578: The treaty. The treaty is not self-implementing; individual countries must pass domestic laws to enact punishments and restrictions. Though not all scheduled substances are restricted in all signatory countries, many laws have been passed to implement or exceed the requirements of the Convention, including the Canadian Controlled Drugs and Substances Act , the UK Misuse of Drugs Act 1971 and the U.S. Psychotropic Substances Act . Adolf Lande , under

6240-421: The user and to others", but did not cite any evidence. From the WHO Expert Committee assessment of 2C-B: Like the Single Convention on narcotic medicines, the Convention on Psychotropic Substances recognizes scientific and medical use of psychoactive drugs, while banning other uses. Article 7 provides that, In this sense, the U.S. Controlled Substances Act is stricter than the Convention requires. Both have

6320-559: Was "insufficient evidence to indicate that the substance has therapeutic usefulness," it should be placed in Schedule I. However, its report did recommend more MDMA research: MDMA was added to the convention as a Schedule I controlled substance in February 1986. MBDB (Methylbenzodioxolylbutanamine) is an entactogen with similar effects to MDMA . The thirty-second meeting of the WHO Expert Committee on Drug Dependence (September 2000) evaluated MBDB and recommended against scheduling. From

6400-410: Was taken on this recommendation. And at its thirty-fourth meeting the WHO Committee recommended that THC be moved instead to Schedule III. In 2007 the Commission on Narcotic Drugs decided not to vote on whether to reschedule THC, and they requested that the WHO make another review when more information is available. In 2019, the WHO Expert Committee recommended that all isomers of THC be withdrawn from

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