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 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.

Adolf Lande, under the direction of the United Nations Office of Legal Affairs, prepared the Commentary on the Convention on Psychotropic Substances.

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.

[3] 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".

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.

[6] The organic drug-making states that had suffered economically from the Single Convention's restrictions on cannabis, coca, and opium fought for tough regulations on synthetic drugs.

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.

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.

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.

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.

§ 811(d)(4) implies that placing 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".

Long before abuse of the drug was sufficiently widespread in the United States to meet 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.

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".

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.

[25] From 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".

Gabriel G. Nahas, in a Bulletin on Narcotics report, noted:[27] Nonetheless, in October 1996, the Expert Committee considered controlling nicotine, especially products such as gum, patches, nasal spray, and inhalers.

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 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.

The purpose of Paragraph 4 of Article 32 was to allow States to "make 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.

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.

The 1993 DEA rule placing cathinone in the CSA's Schedule I noted that it was effectively also banning khat:[40] A 1971 Bulletin on Narcotics notes:[41] This provision was eventually judged to be inadequate, and was strengthened by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances's precursor control regime, which established two Tables of controlled precursors.

Due to the ease of manufacturing methamphetamine, methcathinone, and certain other stimulants, control measures are focusing less on preventing drugs from crossing borders.

That resolution also called on governments overseeing precursor exports "to inquire with the authorities of importing States about the legitimacy of transactions of concern, and to inform the International Narcotics Control Board of the action taken, particularly when they do not receive any reply to their inquiries".

However, the United Nations Office on Drugs and Crime believes that East Asia (particularly Thailand) now has the most serious amphetamine-type stimulant (ATS) problem in the world.

The less optimistic suggest that ATS is already embedded in normative young adult behavior to such an extent that it will be very difficult to change, notwithstanding the issues of physical, social and economic damage.The Office called on nations to bring more resources to bear in the demand reduction effort, improving treatment and rehabilitation processes, increasing private sector participation in eliminating drugs from the workplace, and expanding the drug information clearing house to share information more effectively.

INCB Secretary Herbert Schaepe said:[47] In an unusual departure from its normally pro-industry leanings, the INCB issued a press release in 2001 warning of excessive use of licit psychotropics: The Board also warned that the Internet provides "easy access to information on drug production and drug-taking," calling it "a growing source of on-line drug trafficking."

Cannabis: Coca leaf, cocaine and ecgonine: All other drugs scheduled by the narcotic convention are agonist-only opioids (and natural sources of them).

Despite its well-known presence in the rave scene, ketamine remains uncontrolled internationally due to its importance as an anesthetic in veterinary medicine.
Article 32 makes an exception for peyote and other wild psychotropic plants, to protect use in religious rituals in case such plants themselves were in the future added to Schedule I.
Psilocybin mushrooms are not controlled by the Convention, but the drugs contained in them are.
LSD and equipment used in its manufacture are subject to seizure under Article 22.
Crystal meth has emerged as a commonly abused drug, from the American and European rave scenes to East Asia.