CAPITAL Cannabis Investment Report | December 2017
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ACKRELL
CAPITAL Cannabis Investment Report | December 2017
tion or thinking or behaviour [sic] or perception or mood,” that may produce “a state of dependence”
and that are subject to abuse “so as to constitute a public health and social problem warranting the
placing of the substance under international control.” Substances addressed by the 1971 Conven-
tion include THC, barbiturates, amphetamines and psychedelics such as LSD. The 1971 Conven-
tion establishes four schedules of substances subject to increasingly strict controls in the following
order: Schedule IV, Schedule III, Schedule II and Schedule I. Schedule I includes THC and certain
of its isomers and stereochemical variants. Schedule I includes dronabinol (a synthetic THC) and its
stereochemical variants.
The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Sub-
stances of 1988 (Traffic Convention) establishes additional tools for enforcing provisions of the 1961
and 1971 Conventions. The Traffic Convention provides for international cooperation in arresting
and prosecuting illicit traffickers of substances scheduled under the 1961 and 1971 Conventions and
in disrupting their financial and distribution networks through extradition, anti-money laundering
practices, asset forfeiture and other methods.
Generally, the Conventions contemplate that the manufacture, export, import, distribution, use and
possession of scheduled substances should be allowed only for medical and scientific purposes under
legal authority and that penalties, including criminal penalties, should apply to those who engage in
such activities for other purposes or outside legal authority. Countries participating in the Conventions
are generally required to enact laws and regulations that carry out the provisions of the Conventions,
which may require them to establish dedicated regulatory agencies, track and report physical invento-
ries as well as production and revenue data, implement and enforce labeling requirements and quality
control procedures, restrict use of substances to those holding medical prescriptions and impose crimi-
nal penalties for violations. Currently, more than 180 countries are party to each Convention.
Amending schedules under the 1961 and 1971 Conventions generally involves participation of
three UN-related bodies: (1) the Economic and Social Council (ECOSOC), one of the six main organs
of the UN established under the UN charter in 1945; (2) the Commission on Narcotic Drugs (CND),
itself a subsidiary body of the ECOSOC that assists the ECOSOC in supervising the application of
international drug control treaties; and (3) the World Health Organization (WHO), an autonomous
intergovernmental organization that collaborates with the UN and other organizations on global health
matters. A schedule amendment may be initiated by the WHO or by any country participating in the
applicable Convention, and generally requires approval of the CND, which approval may be subject
to further review and approval by the ECOSOC. Notably, because regulations applicable to cannabis
and certain derivatives are included in the body of the 1961 Convention (and not just in its schedules),
merely removing cannabis and its derivatives from the schedules under the 1961 Convention would
not entirely remove cannabis from that Convention's regulatory framework.
Recent Developments Related to the UN Conventions
Global support for the prohibitionist policies of the Conventions is waning, and a growing chorus of
world leaders is calling for new policies for cannabis and other substances to be based on public health
concerns rather than criminalization.
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