This video is the statement delivered by Michael Krawitz on 16 March 2022 at the plenary session of United Nations Commission on Narcotic Drugs: Statement on agenda item 5 – Mr. Michael KRAWITZ – DRCNet Foundation Inc.
Mr Chair, Excellencies, Dear Delegates,
During this Commission, as in previous years, many Delegates have expressed concerns about the legalization of non-medical cannabis based upon the need to maintain treaty compliance.
After considerable study and consultation we now firmly believe that it is possible to comply with the Single Convention, while legalizing non-medical cannabis.
This Commission negotiated the draft of the Single Convention for a full 10 years. The Convention is not a prohibition treaty: it is a drug control treaty. It establishes a licit market for drugs in different contexts: medical use, scientific use, and industrial use –defined in the convention as “other than medical and scientific purposes.”
The broad consensus of this Commission, among all the regional groups, was to rule out any mandatory prohibition and any measures that would have reduced the sovereignty of Member States were methodically deleted from the Single Convention draft.
The Single Convention is often misquoted. There are 7 words in Article 4 that always seem to be omitted. These words are important, because they explain that the Single Convention does not limit cannabis to medical and scientific purposes. Instead, the Convention actually establishes this limitation as subject to an exemption. An exemption that applies to cannabis used in non-medical industry.
Yes, the Convention allows Member States to prohibit cannabis. But also yes, Article 2 paragraph 9 of the Single Convention allows countries to legalize their non-medical cannabis industries, in good faith, while reducing harm and while reconciling all obligations under international law, in other words, in compliance.
Both interpretations are possible. Both interpretations are legitimate.
However, one interpretation is more sound and better aligned with the consensus in 1961 as well as the text of the treaty in 2022, the interpretation recognizing the exemption of non-medical cannabis under Article 2 paragraph 9.
–
Article 2 paragraph 9 lays down two conditions. If these two requirements are met, it is ok to produce, manufacture, export, import, trade in and possess cannabis for other than medical and scientific purposes.
The two conditions are:
→ subparagraph (a) → countries must avoid cannabis harms and, by appropriate means, reduce the risk of abuse –this equates to harm reduction and effective prevention of cannabis use disorders.
→ subparagraph (b) → countries must report the amount of cannabis used for non-medical purpose to the INCB every year.
What about the rest? As was the will of the drafters, countries are free to regulate as per their national priorities, strategies, and constitutional principles.
–
The treaty Commentary is crystal clear: fulfilling these conditions renders legal (and I quote) “the non-application of the full narcotics regime prescribed by the Single Convention.”
This is the international legal regime for non-medical cannabis.
Cannabis “commonly used in industry for other than medical and scientific purposes” is exempted under Article 2, paragraph 9 of the Single Convention on narcotic drugs.
–
A thorough legal analysis backing up this interpretation was just published this Monday. It is titled “High Compliance”, and is available through open access. We have requested the Secretariat post the link on the Commission’s website (here: https://www.researchgate.net/publication/359163413_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) to facilitate sharing of the information with all delegations interested in this less conflicting and more consensual approach.
Amidst difficult times where the respect of international law is underscored by all Parties as quintessential, this rediscovery of the text of the Single Convention and its purposeful exemptions for non-medical and industrial purposes is more than timely.
I thank you for your attention.
###
Presentation and executive summary: https://faaat.net/highcompliance
Full report: https://www.researchgate.net/publication/359163413_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
