Thirteen countries signed the Convention at The Hague,

Netherlands. It was the first among a series of

multilateral agreements on the issue of narcotic drugs.
Between 1912 and 1940, international drug-related
treaties mostly addressed the illegal drug trade while
ensuring that medical drugs remained available.
In 1961, the United Nations adopted the Single Convention on Narcotic Drugs
(CND). The convention aims to curb drug trafficking and drug abuse through
cooperation by various nations. Its goal was to unify drug control treaties into one
comprehensive rule on drug use, trade, and production provisions. All participating
countries should adjust or establish their national laws to conform to these
requirements asked by the convention.

Still, some individual member nations (including the United States) aren't always
consistent with the CND's rules. For instance, many U.S. states allow medical and
even recreational use and possession of drugs like cannabis.

Below, learn more about the Single Convention on Narcotic Drugs, including the
basics of the treaty and how they apply to member nations.

Historical Background
In 1912, the first international drug control treaty was The International Opium
Convention. The treaties worked to prevent legal drugs from crossing into illegal
markets.

But, decades later, the provisions in the International Opium Convention became
obsolete. So, they adopted a new Convention in New York on March 25, 1961, The
Single Convention on Narcotic Drugs. This Convention combined the existing
treaties and detailed the enforcement system for that purpose.

Understanding the Single Convention on Narcotic Drugs

The convention aims to fight drug use through coordinated intervention of
participating nations. The convention seeks to limit activities such as:

 Consumption
 Distribution
 Export
 Import
 International trade
 Possession
 Non-medical use
Manufacture and production of drugs only for scientific and medical
purposes

The 1961 Single Convention and later conventions also intended to fight against illicit
trafficking and deter drug traffickers. The Single Convention labels substances that
fall within the treaty's scope, which includes, but is not limited to, the following:

 Cocaine
 Opiates
 Morphine
 Heroin
 Cannabis
 Psychotropic drugs
 Synthetic drugs
 Derivatives of these drugs
 Any drugs with similar narcotic-like effects

Countries such as Mexico, Colombia, and Pakistan, which face significant

challenges in the drug trade, are pivotal participants in this convention. In recent
years, over 184 nations have become parties to the treaty. This means these
countries officially accepted the treaty's terms and promised to install its provisions
locally. Although many countries try to find ways to bypass the treaty, its foundation
against dangerous drugs remains influential today.

Other Treaties That Shaped International Law on Drugs

The commitment binds nations to abide by the international organizations' drug
policies. Other than the Single Convention, the other treaties that molded the
international laws on illegal drugs are the following:

The 1971 Convention on Psychotropic Substances

In 1971, the Convention on Psychotropic Substances established the control system

for psychotropic substances worldwide. This convention diversified and expanded
the scope of drug abuse. It also introduced specific controls over certain synthetic
drugs according to their potential for abuse and therapeutic value.

UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

Despite the existence of the 1961 and 1971 conventions, there was a continued rise
in drug use worldwide. Also, the global market for illegal drugs expanded into a multi-
billion dollar industry. The U.N. Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances focuses on enhanced enforcement of laws, mainly
applied to organized crime. With this convention, countries must adopt criminal
penalties for activities related to the supply, production, trafficking, and use of drugs.
This convention also asked the nations to confiscate the proceeds of the crime. It
also helps with extradition between nations for drug-related offenses.

The United Nations System

At the heart of the international drug control system lies the Commission on Narcotic
Drugs (CND). Its primary responsibilities include deciding the changes to the
amendments or schedules to the existing treaties. It also gives guidance on policies
in the form of resolutions. The UN Economic and Social Council (ECOSOC) picks 53
member states to compose the commission. The member states meet every year at
the UN in Vienna, Austria.

The International Narcotics Control Board (INCB)

The INCB oversees the implementation of the provisions of the conventions. It also
monitors the supply of controlled substances for scientific and medical purposes.
ECOSOC also picks 13 members for the board. The members include three
representatives nominated by the World Health Organization (WHO). If the INCB
declares that a country fails to follow the convention, it can name it in its annual
report. It can also recommend sanctions, including limiting controlled substances'
medical trade.

The United Nations Office on Drugs and Crime (UNODC)

The UN General Assembly combined the UN International Drug Control Program

and the UN Crime Prevention and Criminal Justice Division to form the UNODC,
established in 1997. The UNODC's responsibility includes advising governments on
enforcing drug laws. It also monitors the worldwide drug situation as it relates to the
control of drugs. The views of the UNODC set the tone for the management of
international drug control. Its primary focus is security and law enforcement rather
than promoting human rights and public health.

The World Health Organization (WHO)

The WHO gives the primary scientific evidence to the CND. When looking at
changes to amendments or schedules to the treaties, it considers the pieces of
evidence submitted. The WHO, headquartered in Geneva, Switzerland, makes
recommendations and reviews through its Expert Committee on Drug Dependence.
Its advice serves as a guide on the decisions made by CND.

How Does the Treaty Apply To Individual Nations?

The UN requires participating countries to comply with the conventions. International
treaties like the Single Convention on Narcotic Drugs are a baseline for laws created
in each nation. When a country signs on, it commits to accepting the treaty's
provisions and integrating them into domestic law. Still, implementation varies
between nations, jurisdictions, and regulatory bodies.

For instance, in the United Kingdom, the provisions of the 1961 Single Convention
were in the 1971 Misuse of Drugs Act. The provisions directly relate to the principles
stated in the UN conventions.

In the Netherlands, it's illegal to produce, sell, use, or possess cannabis. The country
decriminalized it for personal use. The government has circumvented the
international law by encouraging a non-enforcement policy. So, the recreational use
of cannabis in the Netherlands is widely accepted, even if it's technically illegal.

In Portugal, the government reformed the country's anti-drug laws while remaining
consistent with the terms of the Single Convention. In 1971, participants changed the
Single Convention on Narcotic Drugs to allow nations to choose not to punish drug
users but to offer them treatment, therapy, medical care, rehab, and education.
Portugal used these provisions and decriminalized drug use in 2000, offering drug
users treatment per the amended Single Convention. Recent reports have shown
that drug use has dropped in Portugal since decriminalization.

Drug reform at the national level is possible, as demonstrated by the actions of

progressive European and South American nations. Still, true, widespread drug
reform is only possible with changes to the Single Convention and its terms.

Drug Scheduling
The United Nations also established drug scheduling that classifies certain drugs into
five categories. It classifies substances according to their acceptable medical use
and potential for drug abuse and addiction. The following is a schedule of drugs and
their descriptions:

Schedule Description and Examples of Drugs

Schedule I Drugs do not have medical use but have a high risk for drug abuse and
addiction.

 Heroin
 LSD
 Marijuana
 Ecstasy
 Quaaludes
 Bath salts

Schedule II Drugs have specific medically acceptable purposes but pose a high
potential for drug abuse and addiction. These drugs are also available through
prescription.

 Methadone
 Demerol
 Vicodin
 OxyContin
 Fentanyl
 Morphine
 Codeine
 Coca Leaf

Schedule III Drugs have low to moderate potential for drug abuse and addiction but
pose less danger than controlled substances in Schedule I or II. These drugs are
available via prescription. But they are not generally available over the counter for
personal use.

 Suboxone
 Ketamine
 Anabolic steroids

Schedule IV Drugs have the potential for medical use and have a low potential for
drug use or misuse.

 Xanax
 Soma
 Klonopin
 Valium
 Ativan
 Tramadol

Schedule V Drugs have a low risk of drug abuse.

 Robitussin AC
 Ezogabine

Exceptions Within the Treaty

There are two significant drug allowances in the Single Convention:

1. Medicinal purposes
2. Scientific research

The Single Convention makes it explicitly clear that the use of narcotics for medical
care is indispensable. By default, signatory nations can carry out the Single
Convention on Narcotic Drugs with a built-in exception for medical drug use. For
example, countries may legalize the use of morphine to ease pain.

Remember that international laws serve as foundational guidelines. In many

signatory nations, medical cannabis is illegal. In the United States, most states
have legalized medical cannabis. But, the federal government continues to officially
prohibit its use (while allowing states to install their laws). Furthermore, many states,
including California and Massachusetts, have even legalized the recreational use of
marijuana despite federal prohibition. The CND also amended the classification of
cannabis and cannabis resin recently to reflect their therapeutic value. They are no
longer Schedule IV.

Because the states have varying laws, enforcing medical cannabis laws in the United
States can lead to complex and confusing situations. For example, federal law
specifically prohibits the transportation of narcotic substances. And, as there's no
federal recognition of medical cannabis, transporting medical cannabis across state
lines technically violates federal law. So, you should never transport medical
cannabis across state lines, even with a valid state license. You could face criminal
charges for narcotics trafficking.

Future of Drug Policy Reform

The UN drug control system is experiencing an existential crisis in the face of
changing political and social landscapes. Remember that the International Drug
Control Conventions were written in the 1940s to 1950s when drug markets and
consumption were almost unrecognizable compared to today's time.

The legalization and decriminalization of marijuana in the United States, Canada,

Uruguay, Mexico, Israel, and Luxembourg, among other countries, broke the
consensus on the global prohibition of cannabis plants. So, the call for greater
flexibility and modernization of rules is in place. There is also an increasing
polarization of rules between reform-oriented regions such as the Americas and
Europe to enforcement-led nations such as China and Russia.

The United Nations General Assembly is considering making changes as more

countries amend their drug laws. These broader interpretations of the Single
Convention have become more prominent as drug policies become increasingly
progressive worldwide.

Seek Legal Advice on Drug Laws

The Single Convention on Narcotic Drugs laid the foundation for various drug laws in
the United States. But understanding its rules is challenging. Often, there's a thin line
between what you can use for medical and scientific purposes and an illegal drug.

It is best to consult a criminal law attorney if you encounter legal issues related to
drug laws. They can assist you with understanding state laws and the international
conventions applied domestically. With their expertise, they can guide you through
how the rules affect your case. Contact a criminal law attorney near you.