NARCOTIC DRUGS ACT 1967
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 192 #DATE 19:12:1973)
NARCOTIC DRUGS ACT 1967-1973 - TABLE OF PROVISIONS
TABLE
NARCOTIC DRUGS ACT 1967-1973
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Interpretation
5. Communications from the United Nations effecting amendments of
Convention
6. Minister and Comptroller to have regard to Convention in
exercising
powers and functions
7. Inconsistency with State and Territory laws
8. Provisional application of Act to substances
PART II-LICENSING OF MANUFACTURERS, ETC
9. Licence to manufacturer
10. Revocation of licences
11. Permits to manufacture
12. Directions with respect to the handling of drugs
13. Directions with respect to the labelling of drugs
14. Directions inconsistent with condition of licence
PART III-OFFENCES IN RELATION TO DRUGS
15. Manufacturing of drugs to be in accordance with licence
16. Manufacturers to comply with permits
17. Handling of drugs, &c.
18. Labelling of drugs, &c.
19. Destruction, &c., of drugs, &c., by licensed manufacturers
20. Punishment of offences
21. Forfeiture
PART IV-MISCELLANEOUS
22. Drugs passing through Australia
23. Manufacturers and wholesale dealers to keep records and furnish
returns
24. Inspection of manufacturer's premises, &c.
25. Delegation
26. Service of notices
27. Regulations
THE SCHEDULES
FIRST SCHEDULE
Single Convention on Narcotic Drugs, 1961
SECOND SCHEDULE
Communication of the Secretary-General of the United Nations dated 11
December
1964
NARCOTIC DRUGS ACT 1967-1973 - SECT. 1.
Short title.
SECT
NARCOTIC DRUGS ACT 1967-1973
An Act to regulate the Manufacture of, and to make other provision with
respect to, Narcotic Drugs in accordance with the Single Convention on
Narcotic Drugs, 1961.
PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Narcotic Drugs Act 1967-1973.*
NARCOTIC DRUGS ACT 1967-1973 - SECT. 2.
Commencement.
SECT
2. This Act shall come into operation on a date to be fixed by Proclamation,
which shall not be a date earlier than the date on which the Convention comes
into force in respect of the Commonwealth.*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *
NARCOTIC DRUGS ACT 1967-1973 - SECT. 4.
Interpretation.
SECT
4. (1) In this Act, unless the contrary intention appears-
''cannabis'' and ''cannabis resin'' have the same respective meanings as in
the Convention;
''coca leaves'' has the same meaning as in the Convention;
''Collector'', ''Comptroller'' and ''officer'' have the same respective
meanings as in the Customs Act 1901-1966;
''drug'' means any substance that is a drug for the purposes of the
Convention, and includes any substance that regulations made in pursuance of
section 8 of this Act provide is a drug for the purposes of this Act;
''handling'' includes stacking, stowing, storing, transporting, loading,
unloading and any operation incidental to, or arising out of, any of those
operations;
''licensed manufacturer'' means the holder of a manufacturer's licence;
''manufacturer's licence'' means a licence under section 9 of this Act;
''narcotic preparation'' means any mixture, whether solid or liquid, that
contains a drug;
''opium'' has the same meaning as in the Convention;
''permit'' means a permit under section 11 of this Act;
''the Convention'' means the Convention entitled the Single Convention on
Narcotic Drugs, 1961 that was adopted and opened for signature at New York on
the thirtieth day of March, One thousand nine hundred and sixty-one, being the
Convention a copy of the English text of which is set out in the First
Schedule to this Act, and includes that Convention as amended from time to
time;
''vessel'' includes aircraft.
(2) For the purposes of this Act, the manufacturing of a drug consists of
the carrying out of any process by which the drug may be obtained, and
includes the refining of a drug and the transformation of one drug into
another drug, but does not include the separation of opium, coca leaves,
cannabis or cannabis resin from the plants from which it is or they are
obtained.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 5.
Communications from the United Nations effecting amendments of Convention.
SECT
5. A copy of the text of each communication made by the Secretary-General of
the United Nations to the Government of Australia in pursuance of paragraph 7
of Article 3 of the Convention, and received by the Government of Australia
before the date on which this Act received the Royal Assent, is set out in the
Second Schedule to this Act.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 6.
Minister and Comptroller to have regard to Convention in exercising powers and
functions.
SECT
6. The Minister or the Comptroller shall, in exercising any power or
performing any function conferred on him by this Act, have regard to the
obligations of the Commonwealth under the Convention and to no other matter.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 7.
Inconsistency with State and Territory laws.
SECT
Amended by No. 216, 1973, s. 3.
7. This Act, regulations under this Act and directions given under section
12 or 13 of this Act do not apply to the exclusion of any law of a State or
Territory or any regulation in force under an Act except in so far as that law
or that regulation is inconsistent with an express provision of this Act,
those regulations or those directions.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 8.
Provisional application of Act to substances.
SECT
8. Where the Commission on Narcotic Drugs of the Economic and Social Council
of the United Nations decides, in accordance with paragraph 3 of Article 3 of
the Convention, that the Parties to the Convention shall apply provisionally
to a substance all measures of control applicable to drugs in Schedule I
annexed to the Convention, the regulations may provide that the substance is a
drug for the purposes of this Act.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 9.
Licence to manufacture.
SECT
PART II-LICENSING OF MANUFACTURERS, ETC.
9. (1) A person who manufactures, or proposes to manufacture, a drug at any
premises may apply to the Minister for a licence to manufacture that drug at
those premises.
(2) The Minister may require a person who applies for a licence under this
section to furnish to the Minister, or to another person specified by the
Minister, such information as the Minister considers necessary.
(3) Where a person applies for a licence under this section, the Minister
shall grant the licence to him unless-
(a) the applicant has failed to furnish any information that he has been
required to furnish under the last preceding sub-section;
(b) the Minister is not satisfied that the applicant manufactures, or
proposes to manufacture, the drug specified in the application at the premises
so specified; or
(c) the Minister is of the opinion that the grant of the licence would not
be consistent with the obligations of the Commonwealth under the Convention.
(4) The Minister may specify in the licence such conditions applicable to
the licence as he determines.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 10.
Revocation of licences.
SECT
10. The Minister may revoke a manufacturer's licence if-
(a) the holder of the licence does not commence to manufacture, or ceases
to manufacture, the drug specified in the licence at the premises so
specified;
(b) the holder of the licence has failed to comply with a condition
specified in the licence;
(c) the holder of the licence has been convicted of an offence against this
Act;
(d) the Minister is of the opinion that it would be inconsistent with the
obligations of the Commonwealth under the Convention for the licence to
continue in force; or
(e) the holder of the licence requests the Minister to revoke the licence.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 11.
Permits to manufacture.
SECT
11. (1) The Comptroller may from time to time grant to the holder of a
manufacturer's licence a permit to manufacture the drug to which the licence
relates during such period as is specified in the permit.
(2) The Comptroller may specify in a permit-
(a) the maximum quantity of the drug to which the permit relates that may
be manufactured by the licensed manufacturer at the premises to which the
permit relates during the period to which the permit relates; and
(b) the maximum quantity of the drug to which the permit relates that, in
the opinion of the Comptroller, having regard to the prevailing market
conditions, it is necessary for the licensed manufacturer to have in his
possession at any time during the period to which the permit relates for the
normal conduct of business.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 12.
Directions with respect to the handling of drugs.
SECT
12. (1) The Comptroller may, by notice in writing served on a licensed
manufacturer, give directions to him with respect to the handling of drugs in
his possession or control.
(2) A direction under this section may be given in respect of drugs
generally, in respect of a drug of a kind specified in the direction or in
respect of such particular drugs as are specified in the direction.
(3) In this section, ''drug'' includes narcotic preparation.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 13.
Directions with respect to the labelling of drugs.
SECT
13. (1) The Comptroller may, by notice in writing served on a licensed
manufacturer, give directions to him with respect to the labelling of drugs
manufactured by him.
(2) A direction under this section may be given in respect of the labelling
of drugs generally or in respect of a drug of a kind specified in the
direction.
(3) In this section, ''drug'' includes narcotic preparation.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 14.
Directions inconsistent with condition of licence.
SECT
14. Where a direction given to a licensed manufacturer under either of the
last two preceding sections is inconsistent with a condition specified in his
licence, the condition is, to the extent of the inconsistency, of no effect.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 15.
Manufacturing of drugs to be in accordance with licence.
SECT
PART III-OFFENCES IN RELATION TO DRUGS
15. (1) A person shall not manufacture a drug unless he is the holder of a
licence granted under section 9 of this Act to manufacture that drug.
(2) A licensed manufacturer shall not manufacture the drug to which his
licence relates-
(a) except at the premises specified in the licence;
(b) except in accordance with such conditions, if any, as are specified in
the licence; and
(c) except during a period in respect of which he has been granted a permit
to manufacture the drug.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 16.
Manufacturers to comply with permits.
SECT
16. A licensed manufacturer shall not-
(a) during a period in respect of which he has been granted a permit,
manufacture a quantity of the drug to which the permit relates in excess of
the maximum quantity, if any, specified in the permit in pursuance of
paragraph (a) of sub-section (2) of section 11 of this Act; or
(b) have in his possession at any time during a period in respect of which
he has been granted a permit a quantity of the drug to which the permit
relates that is in excess of the maximum quantity, if any, specified in the
permit in pursuance of paragraph (b) of sub-section (2) of section 11 of this
Act.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 17.
Handling of drugs, &c.
SECT
17. A licensed manufacturer shall comply with any direction given to him in
pursuance of section 12 of this Act with respect to the handling of drugs or
narcotic preparations.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 18.
Labelling of drugs, &c.
SECT
18. A licensed manufacturer shall not supply to any person a drug or a
narcotic preparation manufactured by him unless the drug or preparation is
labelled in accordance with any directions applicable to the drug or
preparation given to him in pursuance of section 13 of this Act.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 19.
Destruction, &c., of drugs, &c., by licensed manufacturers.
SECT
19. (1) A licensed manufacturer shall not destroy any drug or narcotic
preparation except with the consent in writing of a Collector and except in
accordance with any directions specified in the consent.
(2) A licensed manufacturer shall not destroy or otherwise dispose of any
by-product derived from the manufacture by him of a drug or narcotic
preparation except with the consent in writing of the Collector and except in
accordance with any directions specified in the consent.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 20.
Punishment of offences.
SECT
20. (1) A person who contravenes or fails to comply with a provision of this
Part is guilty of an offence against this Part punishable upon conviction by,
subject to sub-section (3) of this section, a fine not exceeding Four thousand
dollars or imprisonment not exceeding a period of ten years, or both a fine
not exceeding that amount and imprisonment for a period not exceeding that
period.
(2) An offence against this Part may be prosecuted summarily or upon
indictment, but an offender is not liable to be punished more than once in
respect of the same offence.
(3) Where proceedings for an offence against this Part are brought in a
court of summary jurisdiction, the court may commit the defendant for trial
or, with the consent of the defendant, determine the proceedings, but, where
the court of summary jurisdiction determines the proceedings, the court shall
not impose a fine exceeding One thousand dollars or sentence the offender to
imprisonment for a period exceeding two years, but may impose both a fine and
a period of imprisonment in respect of the offence.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 21.
Forfeiture.
SECT
21. Where a court convicts a person of an offence against this Part, the
court may, if it thinks fit, in addition to any other punishment, order the
forfeiture of any goods in respect of which the offence was committed.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 22.
Drugs passing through Australia.
SECT
PART IV-MISCELLANEOUS
22. (1) Where a drug consigned to a person, or to a place, outside Australia
enters Australia, a Collector may, whether or not the drug is unloaded from
the vessel in which it entered Australia, require a person having possession
or control of the drug to produce to the Collector an export authorization, or
a copy of an export authorization, relating to the drug.
(2) If the export authorization is not produced to the Collector, the
Collector may cause the drug to be seized.
(3) A drug seized under the last preceding sub-section shall be disposed of
in accordance with the directions of the Minister.
(4) For the purposes of this section, a drug on board a vessel, whether or
not it is the vessel on which the drug entered Australia, shall be deemed to
be in the possession of the master of the vessel.
(5) In this section, ''export authorization'', in relation to a drug, means
any export authorization issued by or on behalf of the government of a country
in pursuance of the Convention or the Second Opium Conference Convention
signed at Geneva on the nineteenth day of February, One thousand nine hundred
and twenty-five, or in pursuance of a law of that country giving effect to
either of those Conventions.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 23.
Manufacturers and wholesale dealers to keep records and furnish returns.
SECT
23. (1) The Comptroller may, by notice in writing served on a person who is
a licensed manufacturer, a manufacturer of narcotic preparations or a
wholesale dealer in drugs or narcotic preparations, require that person to
keep such records, and to furnish to the Comptroller such returns and
information, as are specified in the notice with respect to the following
matters or such of those matters as are specified in the notice:-
(a) the manufacture of drugs or narcotic preparations by the person;
(b) the acquisition and disposal of, and any other dealings in, drugs and
narcotic preparations by the person; and
(c) the stocks of drugs and narcotic preparations from time to time in the
possession or control of the person.
(2) A person shall comply with a notice served on him in pursuance of the
last preceding sub-section.
Penalty: One thousand dollars.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 24.
Inspection of manufacturer's premises, &c.
SECT
24. (1) An authorized inspector may, at any reasonable time and on
production of his authority as an authorized inspector, enter the premises of
any person who, in accordance with notice served on him under the last
preceding section, is for the time being required to keep records and furnish
returns and information with respect to any matter, being premises on which
drugs are manufactured or the business of a wholesale dealer in drugs is
carried on, and may-
(a) examine, take stock of and take samples of any drug or narcotic
preparation on the premises or any substance on the premises from which any
drug or narcotic preparation could be manufactured or which is a by-product
derived from the manufacture of a drug or narcotic preparation;
(b) inspect any processes of manufacture of any drug or narcotic
preparation carried out on the premises; and
(c) inspect any books, documents or other papers on the premises, and take
extracts from, or make copies of, any such books, documents or other papers.
(2) A person shall not, without reasonable cause, obstruct or hinder an
authorized inspector acting in pursuance of this section, and the occupier or
person in charge of any premises which an authorized inspector enters in
pursuance of this section shall provide the authorized inspector with all
reasonable facilities and assistance for the effective exercise of his powers
under this section.
Penalty: One thousand dollars.
(3) In this section, ''authorized inspector'' means an officer authorized in
writing by the Minister to carry out inspections under this section.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 25.
Delegation.
SECT
25. (1) The Minister or the Comptroller may, by instrument in writing,
delegate to a person, either generally or otherwise as provided in the
instrument of delegation, all or any of his powers and functions under this
Act, except this power of delegation.
(2) A power or function so delegated may be exercised or performed by the
delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not
prevent the exercise of a power or the performance of a function by the
Minister or the Comptroller, as the case may be.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 26.
Service of notices.
SECT
26. The service on a person of a notice under this Act may be effected-
(a) by serving the notice personally on the person or, in the case of a
body corporate, on the manager, secretary or other executive officer of the
body corporate;
(b) by sending the notice by post to the person at his last known place of
abode or, in the case of a body corporate having a registered office, at the
registered office of the body corporate; or
(c) in any other prescribed manner.
NARCOTIC DRUGS ACT 1967-1973 - SECT. 27.
Regulations.
SECT
27. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters that by this Act are required or permitted to be
prescribed, or that are necessary or convenient to be prescribed for carrying
out or giving effect to this Act, and in particular prescribing penalties not
exceeding Five hundred dollars for offences against the regulations.
-----------
NARCOTIC DRUGS ACT 1967-1973 - FIRST SCHEDULE
SCH
THE SCHEDULES
FIRST SCHEDULE
Section
4
SINGLE CONVENTION ON NARCOTIC DRUGS, 1961
PREAMBLE
The Parties,
Concerned with the health and welfare of mankind,
Recognizing that the medical use of narcotic drugs continues to be
indispensable for the relief of pain and suffering and that adequate provision
must be made to ensure the availability of narcotic drugs for such purposes,
Recognizing that addiction to narcotic drugs constitutes a serious evil for
the individual and is fraught with social and economic danger to mankind,
Conscious of their duty to prevent and combat this evil,
Considering that effective measures against abuse of narcotic drugs require
co-ordinated and univeral action,
Understanding that such universal action calls for international
co-operation guided by the same principles and aimed at common objectives,
Acknowledging the competence of the United Nations in the field of narcotics
control and desirous that the international organs concerned should be within
the framework of that Organization,
Desiring to conclude a generally acceptable international convention
replacing existing treaties on narcotic drugs, limiting such drugs to medical
and scientific use, and providing for continuous international co-operation
and control for the achievement of such aims and objectives,
Hereby agree as follows:
ARTICLE 1
Definitions
1. Except where otherwise expressly indicated or where the context otherwise
requires, the following definitions shall apply throughout the Convention:
(a) ''Board'' means the International Narcotics Control Board.
(b) ''Cannabis'' means the flowering or fruiting tops of the cannabis plant
(excluding the seeds and leaves when not accompanied by the tops) from which
the resin has not been extracted, by whatever name they may be designated.
(c) ''Cannabis plant'' means any plant of the genus cannabis.
(d) ''Cannabis resin'' means the separated resin, whether crude or
purified, obtained from the cannabis plant.
(e) ''Coca bush'' means the plant of any species of the genus
erythroxylon.
(f) ''Coca leaf'' means the leaf of the coca bush except a leaf from which
all ecgonine, cocaine and other ecgonine alkaloids have been removed.
(g) ''Commission'' means the Commission on Narcotic Drugs of the Council.
(h) ''Council'' means the Economic and Social Council of the United
Nations.
(i) ''Cultivation'' means the cultivation of the opium poppy, coca bush or
cannabis plant.
(j) ''Drug'' means any of the substances in Schedules I and II, whether
natural or synthetic.
(k) ''General Assembly'' means the General Assembly of the United Nations.
(l) ''Illicit traffic'' means cultivation or trafficking in drugs contrary
to the provisions of this Convention.
(m) ''Import'' and ''export'' mean in their respective connotations the
physical transfer of drugs from one State to another State, or from one
territory to another territory of the same State.
(n) ''Manufacture'' means all processes, other than production, by which
drugs may be obtained and includes refining as well as the transformation of
drugs into other drugs.
(o) ''Medicinal opium'' means opium which has undergone the processes
necessary to adapt it for medicinal use.
(p) ''Opium'' means the coagulated juice of the opium poppy.
(q) ''Opium poppy'' means the plant of the species Papaver somniferum L.
(r) ''Poppy straw'' means all parts (except the seeds) of the opium poppy,
after mowing.
(s) ''Preparation'' means a mixture, solid or liquid, containing a drug.
(t) ''Production'' means the separation of opium, coca leaves, cannabis and
cannabis resin from the plants from which they are obtained.
(u) ''Schedule I'', ''Schedule II'', ''Schedule III'' and ''Schedule IV''
mean the correspondingly numbered list of drugs or preparations annexed to
this Convention, as amended from time to time in accordance with article 3.
(v) ''Secretary-General'' means the Secretary-General of the United
Nations.
(w) ''Special stocks'' means the amounts of drugs held in a country or
territory by the government of such country or territory for special
Government purposes and to meet exceptional circumstances; and the expression
''special purposes'' shall be construed accordingly.
(x) ''Stocks'' means the amounts of drugs held in a country or territory and
intended for:
(i) Consumption in the country or territory for medical and scientific
purposes,
(ii) Utilization in the country or territory for the manufacture of drugs
and other substances, or
(iii) Export;
but does not include the amounts of drugs held in the country or territory
(iv) By retail pharmacists or other authorized retail distributors and by
institutions or qualified persons in the duly authorized exercise of
therapeutic or scientific functions, or
(v) As ''special stocks''.
(y) ''Territory'' means any part of a State which is treated as a separate
entity for the application of the system of import certificates and export
authorizations provided for in article 31. This definition shall not apply to
the term ''territory'' as used in articles 42 and 46.
2. For the purposes of this Convention a drug shall be regarded as
''consumed'' when it has been supplied to any person or enterprise for retail
distribution, medical use or scientific research; and ''consumption'' shall be
construed accordingly.
ARTICLE 2
Substances under control
1. Except as to measures of control which are limited to specified drugs,
the drugs in Schedule I are subject to all measures of control applicable to
drugs under this Convention and in particular to those prescribed in articles
4 (c), 19, 20, 21, 29, 30, 31, 32, 33, 34 and 37.
2. The drugs in Schedule II are subject to the same measures of control as
drugs in Schedule I with the exception of the measures prescribed in article
30, paragraphs 2 and 5, in respect of the retail trade.
3. Preparations other than those in Schedule III are subject to the same
measures of control as the drugs which they contain, but estimates (article
19) and statistics (article 20) distinct from those dealing with these drugs
shall not be required in the case of such preparations, and article 29,
paragraph 2 (c) and article 30, paragraph 1 (b) (ii) need not apply.
4. Preparations in Schedule III are subject to the same measures of control
as preparations containing drugs in Schedule II except that article 31,
paragraphs 1 (b) and 4 to 15 need not apply, and that for the purpose of
estimates (article 19) and statistics (article 20) the information required
shall be restricted to the quantities of drugs used in the manufacture of such
preparations.
5. The drugs in Schedule IV shall also be included in Schedule I and subject
to all measures of control applicable to drugs in the latter schedule, and in
addition thereto:
(a) A Party shall adopt any special measures of control which in its
opinion are necessary having regard to the particularly dangerous properties
of a drug so included; and
(b) A Party shall, if in its opinion the prevailing conditions in its
country render it the most appropriate means of protecting the public health
and welfare, prohibit the production, manufacture, export and import of, trade
in, possession or use of any such drug except for amounts which may be
necessary for medical and scientific research only, including clinical trials
therewith to be conducted under or subject to the direct supervision and
control of the Party.
6. In addition to the measures of control applicable to all drugs in
Schedule I, opium is subject to the provisions of articles 23 and 24, the coca
leaf to those of articles 26 and 27 and cannabis to those of article 28.
7. The opium poppy, the coca bush, the cannabis plant, poppy straw and
cannabis leaves are subject to the control measures prescribed in articles 22
to 24; 22, 26 and 27; 22 and 28; 25; and 28, respectively.
8. The Parties shall use their best endeavours to apply to substances which
do not fall under this Convention, but which may be used in the illicit
manufacture of drugs, such measures of supervision as may be practicable.
9. Parties are not required to apply the provisions of this Convention to
drugs which are commonly used in industry for other than medical or scientific
purposes, provided that:
(a) They ensure by appropriate methods of denaturing or by other means that
the drugs so used are not liable to be abused or have ill effects (article 3,
paragraph 3) and that the harmful substances cannot in practice be recovered;
and
(b) They include in the statistical information (article 20) furnished by
them the amount of each drug so used.
ARTICLE 3
Changes in the scope of control
1. Where a Party or the World Health Organization has information which in
its opinion may require an amendment to any of the Schedules, it shall notify
the Secretary-General and furnish him with the information in support of the
notification.
2. The Secretary-General shall transmit such notification, and any
information which he considers relevant, to the Parties, to the Commission,
and, where the notification is made by a Party, to the World Health
Organization.
3. Where a notification relates to a substance not already in Schedule I or
in Schedule II.
(i) The Parties shall examine in the light of the available information the
possibility of the provisional application to the substance of all measures of
control applicable to drugs in Schedule I;
(ii) Pending its decision as provided in sub-paragraph (iii) of this
paragraph, the Commission may decide that the Parties apply provisionally to
that substance all measures of control applicable to drugs in Schedule I. The
Parties shall apply such measures provisionally to the substance in question;
(iii) If the World Health Organization finds that the substance is liable to
similar abuse and productive of similar ill effects as the drugs in Schedule I
or Schedule II or is convertible into a drug, it shall communicate that
finding to the Commission which may, in accordance with the recommendation of
the World Health Organization, decide that the substance shall be added to
Schedule I or Schedule II.
4. If the World Health Organization finds that a preparation because of the
substances which it contains is not liable to abuse and cannot produce ill
effects (paragraph 3) and that the drug therein is not readily recoverable,
the Commission may, in accordance with the recommendation of the World Health
Organization, add that preparation to Schedule III.
5. If the World Health Organization finds that a drug in Schedule I is
particularly liable to abuse and to produce ill effects (paragraph 3) and that
such liability is not offset by substantial therapeutic advantages not
possessed by substances other than drugs in Schedule IV, the Commission may,
in accordance with the recommendation of the World Health Organization, place
that drug in Schedule IV.
6. Where a notification relates to a drug already in Schedule I or Schedule
II or to a preparation in Schedule III, the Commission, apart from the measure
provided for in paragraph 5, may, in accordance with the recommendation of the
World Health Organization, amend any of the Schedules by:
(a) Transferring a drug from Schedule I to Schedule II or from Schedule II
to Schedule I; or
(b) Deleting a drug or a preparation as the case may be, from a Schedule.
7. Any decision of the Commission taken pursuant to this article shall be
communicated by the Secretary-General to all States Members of the United
Nations, to non-member States Parties to this Convention, to the World Health
Organization and to the Board. Such decision shall become effective with
respect to each Party on the date of its receipt of such communication, and
the Parties shall thereupon take such action as may be required under this
Convention.
8. (a) The decisions of the Commission amending any of the schedules shall
be subject to review by the Council upon the request of any Party filed within
ninety days from receipt of notification of the decision. The request for
review shall be sent to the Secretary-General together with all relevant
information upon which the request for review is based;
(b) The Secretary-General shall transmit copies of the request for review
and relevant information to the Commission, the World Health Organization and
to all the Parties inviting them to submit comments within ninety days. All
comments received shall be submitted to the Council for consideration;
(c) The Council may confirm, alter or reverse the decision of the
Commission, and the decision of the Council shall be final. Notification of
the Council's decision shall be transmitted to all States Members of the
United Nations, to non-member States Parties to this Convention, to the
Commission, to the World Health Organization, and to the Board.
(d) During pendency of the review the original decision of the Commission
shall remain in effect.
9. Decisions of the Commission taken in accordance with this article shall
not be subject to the review procedure provided for in article 7.
ARTICLE 4
General obligations
1. The Parties shall take such legislative and administrative measures as
may be necessary:
(a) To give effect to and carry out the provisions of this Convention within
their own territories;
(b) To co-operate with other States in the execution of the provisions of
this Convention; and
(c) Subject to the provisions of this Convention, to limit exclusively to
medical and scientific purposes the production, manufacture, export, import,
distribution of, trade in, use and possession of drugs.
ARTICLE 5
The international control organs
The Parties, recognizing the competence of the United Nations with respect
to the international control of drugs, agree to entrust to the Commission on
Narcotic Drugs of the Economic and Social Council, and to the International
Narcotics Control Board, the functions respectively assigned to them under
this Convention.
ARTICLE 6
Expenses of the international control organs
The expenses of the Commission and the Board will be borne by the United
Nations in such manner as shall be decided by the General Assembly. The
Parties which are not members of the United Nations shall contribute to these
expenses such amounts as the General Assembly finds equitable and assess from
time to time after consultation with the Governments of these Parties.
ARTICLE 7
Review of decisions and recommendations of the Commission
Except for decisions under article 3, each decision or recommendation
adopted by the Commission pursuant to the provisions of this Convention shall
be subject to approval or modification by the Council or the General Assembly
in the same way as other decisions or recommendations of the Commission.
ARTICLE 8
Functions of the Commission
The Commission is authorized to consider all matters pertaining to the aims
of this Convention, and in particular:
(a) To amend the Schedules in accordance with article 3;
(b) To call the attention of the Board to any matters which may be relevant
to the functions of the Board;
(c) To make recommendations for the implementation of the aims and
provisions of this Convention, including programmes of scientific research and
the exchange of information of a scientific or technical nature; and
(d) To draw the attention of non-parties to decisions and recommendations
which it adopts under this Convention, with a view to their considering taking
action in accordance therewith.
ARTICLE 9
Composition of the Board
1. The Board shall consist of eleven members to be elected by the Council as
follows:
(a) Three members with medical, pharmacological or pharmaceutical experience
from a list of at least five persons nominated by the World Health
Organization; and
(b) Eight members from a list of persons nominated by the Members of the
United Nations and by Parties which are not Members of the United Nations.
2. Members of the Board shall be persons who, by their competence,
impartiality and disinterestedness, will command general confidence. During
their term of office they shall not hold any position or engage in any
activity which would be liable to impair their impartiality in the exercise of
their functions. The Council shall, in consultation with the Board, make all
arrangements necessary to ensure the full technical independence of the Board
in carrying out its functions.
3. The Council, with due regard to the principle of equitable geographic
representation, shall give consideration to the importance of including on the
Board, in equitable proportion, persons possessing a knowledge of the drug
situation in the producing, manufacturing, and consuming countries, and
connected with such countries.
ARTICLE 10
Terms of office and remuneration of members of the Board
1. The members of the Board shall serve for a period of three years, and
shall be eligible for re-election.
2. The term of office of each member of the Board shall end on the eve of
the first meeting of the Board which his successor shall be entitled to
attend.
3. A member of the Board who has failed to attend three consecutive sessions
shall be deemed to have resigned.
4. The Council, on the recommendation of the Board, may dismiss a member of
the Board who has ceased to fulfil the conditions required for membership by
paragraph 2 of article 9. Such recommendation shall be made by an affirmative
vote of eight members of the Board.
5. Where a vacancy occurs on the Board during the term of office of a
member, the Council shall fill such vacancy as soon as possible and in
accordance with the applicable provisions of article 9, by electing another
member for the remainder of the term.
6. The members of the Board shall receive an adequate remuneration as
determined by the General Assembly.
ARTICLE 11
Rules of procedure of the Board
1. The Board shall elect its own President and such other officers as it may
consider necessary and shall adopt its rules of procedure.
2. The Board shall meet as often as, in its opinion, may be necessary for
the proper discharge of its functions, but shall hold at least two sessions in
each calendar year.
3. The quorum necessary at meetings of the Board shall consist of seven
members.
ARTICLE 12
Administration of the estimate system
1. The Board shall fix the date or dates by which, and the manner in which,
the estimates as provided in article 19 shall be furnished and shall prescribe
the forms therefor.
2. The Board shall, in respect of countries and territories to which this
Convention does not apply, request the Governments concerned to furnish
estimates in accordance with the provisions of this Convention.
3. If any State fails to furnish estimates in respect of any of its
territories by the date specified, the Board shall, as far as possible,
establish the estimates. The Board in establishing such estimates shall, to
the extent practicable, do so in co-operation with the Government concerned.
4. The Board shall examine the estimates, including supplementary estimates,
and, except as regards requirements for special purposes, may require such
information as it considers necessary in respect of any country or territory
on behalf of which an estimate has been furnished, in order to complete the
estimate or to explain any statement contained therein.
5. The Board shall as expeditiously as possible confirm the estimates,
including supplementary estimates, or, with the consent of the Government
concerned, may amend such estimates.
6. In addition to the reports mentioned in article 15, the Board shall, at
such times as it shall determine but at least annually, issue such information
on the estimates as in its opinion will facilitate the carrying out of this
Convention.
ARTICLE 13
Administration of the statistical returns system
1. The Board shall determine the manner and form in which statistical
returns shall be furnished as provided in article 20 and shall prescribe the
forms therefor.
2. The Board shall examine the returns with a view to determining whether a
Party or any other State has complied with the provisions of this Convention.
3. The Board may require such further information as it considers necessary
to complete or explain the information contained in such statistical returns.
4. It shall not be within the competence of the Board to question or express
an opinion on statistical information respecting drugs required for special
purposes.
ARTICLE 14
Measures by the Board to ensure the execution of provisions of the
Convention
1. (a) If, on the basis of its examination of information submitted by
Governments to the Board under the provisions of this Convention, or of
information communicated by United Nations organs and bearing on questions
arising under those provisions, the Board has reason to believe that the aims
of this Convention are being seriously endangered by reason of the failure of
any country or territory to carry out the provisions of this Convention, the
Board shall have the right to ask for explanations from the Government of the
country or territory in question. Subject to the right of the Board to call
the attention of the Parties, the Council and the Commission to the matter
referred to in sub-paragraph (c) below, it shall treat as confidential a
request for information or an explanation by a Government under this
sub-paragraph.
(b) After taking action under sub-paragraph (a) above, the Board, if
satisfied that it is necessary to do so, may call upon the Government
concerned to adopt such remedial measures as shall seem under the
circumstances to be necessary for the execution of the provisions of this
Convention.
(c) If the Board finds that the Government concerned has failed to give
satisfactory explanations when called upon to do so under sub-paragraph (a)
above, or has failed to adopt any remedial measures which it has been called
upon to take under sub-paragraph (b) above, it may call the attention of the
Parties, the Council and the Commission to the matter.
2. The Board, when calling the attention of the Parties, the Council and the
Commission to a matter in accordance with paragraph 1 (c) above, may, if it is
satisfied that such a course is necessary, recommend to Parties that they stop
the import of drugs, the export of drugs, or both, from or to the country or
territory concerned, either for a designated period or until the Board shall
be satisfied as to the situation in that country or territory. The State
concerned may bring the matter before the Council.
3. The Board shall have the right to publish a report on any matter dealt
with under the provisions of this article, and communicate it to the Council,
which shall forward it to all Parties. If the Board publishes in this report a
decision taken under this article or any information relating thereto, it
shall also publish therein the views of the Government concerned if the latter
so requests.
4. If in any case a decision of the Board which is published under this
article is not unanimous, the views of the minority shall be stated.
5. Any State shall be invited to be represented at a meeting of the Board at
which a question directly interesting it is considered under this article.
6. Decisions of the Board under this article shall be taken by a two-thirds
majority of the whole number of the Board.
ARTICLE 15
Reports of the Board
1. The Board shall prepare an annual report on its work and such additional
reports as it considers necessary containing also an analysis of the estimates
and statistical information at its disposal, and, in appropriate cases, an
account of the explanations, if any, given by or required of Governments,
together with any observations and recommendations which the Board desires to
make. These reports shall be submitted to the Council through the Commission,
which may make such comments as it sees fit.
2. The reports shall be communicated to the Parties and subsequently
published by the Secretary-General. The Parties shall permit their
unrestricted distribution.
ARTICLE 16
Secretariat
The secretariat services of the Commission and the Board shall be furnished
by the Secretary-General.
ARTICLE 17
Special Administration
The Parties shall maintain a special administration for the purpose of
applying the provisions of this Convention.
ARTICLE 18
Information to be furnished by Parties to the Secretary-General
1. The Parties shall furnish to the Secretary-General such information as
the Commission may request as being necessary for the performance of its
functions, and in particular:
(a) An annual report on the working of the Convention within each of their
territories;
(b) The text of all laws and regulations from time to time promulgated in
order to give effect to this Convention;
(c) Such particulars as the Commission shall determine concerning cases of
illicit traffic, including particulars of each case of illicit traffic
discovered which may be of importance, because of the light thrown on the
source from which drugs are obtained for the illicit traffic, or because of
quantities involved or the method employed by illicit traffickers; and
(d) The names and addresses of the governmental authorities empowered to
issue export and import authorizations or certificates.
2. Parties shall furnish the information referred to in the preceding
paragraph in such manner and by such dates and use such forms as the
Commission may request.
ARTICLE 19
Estimates of drug requirements
1. The Parties shall furnish to the Board each year for each of their
territories, in the manner and form prescribed by the Board, estimates on
forms supplied by it in respect of the following matters:
(a) Quantities of drugs to be consumed for medical and scientific
purposes;
(b) Quantities of drugs to be utilized for the manufacture of other drugs,
of preparations in Schedule III, and of substances not covered by this
Convention;
(c) Stocks of drugs to be held as at 31 December of the year to which the
estimates relate; and
(d) Quantities of drugs necessary for addition to special stocks.
2. Subject to the deductions referred to in paragraph 3 of article 21, the
total of the estimates for each territory and each drug shall consist of the
sum of the amounts specified under sub-paragraphs (a), (b) and (d) of
paragraph 1 of this article, with the addition of any amount required to bring
the actual stocks on hand at 31 December of the preceding year to the level
estimated as provided in sub-paragraph (c) of paragraph 1.
3. Any State may during the year furnish supplementary estimates with an
explanation of the circumstances necessitating such estimates.
4. The Parties shall inform the Board of the method used for determining
quantities shown in the estimates and of any changes in the said method.
5. Subject to the deductions referred to in paragraph 3 of article 21, the
estimates shall not be exceeded.
ARTICLE 20
Statistical returns to be furnished to the Board
1. The Parties shall furnish to the Board for each of their territories, in
the manner and form prescribed by the Board, statistical returns on forms
supplied by it in respect of the following matters:
(a) Production or manufacture of drugs;
(b) Utilization of drugs for the manufacture of other drugs, of
preparations in Schedule III and of substances not covered by this Convention,
and utilization of poppy straw for the manufacture of drugs;
(c) Consumption of drugs;
(d) Imports and exports of drugs and poppy straw;
(e) Seizures of drugs and disposal thereof; and
(f) Stocks of drugs as at 31 December of the year to which the returns
relate.
2. (a) The statistical returns in respect of the matters referred to in
paragraph 1 except sub-paragraph (d), shall be prepared annually and shall be
furnished to the Board not later than 30 June following the year to which they
relate.
(b) The statistical returns in respect to the matters referred to in
sub-paragraph (d) of paragraph 1 shall be prepared quarterly and shall be
furnished to the Board within one month after the end of the quarter to which
they relate.
3. In addition to the matters referred to in paragraph 1 of this article the
Parties may as far as possible also furnish to the Board for each of their
territories information in respect of areas (in hectares) cultivated for the
production of opium.
4. The Parties are not required to furnish statistical returns respecting
special stocks, but shall furnish separately returns respecting drugs imported
into or procured within the country or territory for special purposes, as well
as quantities of drugs withdrawn from special stocks to meet the requirements
of the civilian population.
ARTICLE 21
Limitation of manufacture and importation
1. The total of the quantities of each drug manufactured and imported by any
country or territory in any one year shall not exceed the sum of the
following:
(a) The quantity consumed, within the limit of the relevant estimate, for
medical and scientific purposes;
(b) The quantity used, within the limit of the relevant estimate, for the
manufacture of other drugs, of preparations in Schedule III, and of substances
not covered by this Convention;
(c) The quantity exported;
(d) The quantity added to the stock for the purpose of bringing that stock
up to the level specified in the relevant estimate; and
(e) The quantity acquired within the limit of the relevant estimate for
special purposes.
2. From the sum of the quantities specified in paragraph 1 there shall be
deducted any quantity that has been seized and released for licit use, as well
as any quantity taken from special stocks for the requirements of the civilian
population.
3. If the Board finds that the quantity manufactured and imported in any one
year exceeds the sum of the quantities specified in paragraph 1, less any
deductions required under paragraph 2 of this article, any excess so
established and remaining at the end of the year shall, in the following year,
be deducted from the quantity to be manufactured or imported and from the
total of the estimates as defined in paragraph 2 of article 19.
4. (a) If it appears from the statistical returns on imports or exports
(article 20) that the quantity exported to any country or territory exceeds
the total of the estimates for that country or territory, as defined in
paragraph 2 of article 19, with the addition of the amounts shown to have been
exported, and after deduction of any excess as established in paragraph 3 of
this article, the Board may notify this fact to States which, in the opinion
of the Board, should be so informed;
(b) On receipt of such a notification, Parties shall not during the year in
question authorize any further exports of the drug concerned to that country
or territory, except:
(i) In the event of a supplementary estimate being furnished for that
country or territory in respect both of any quantity over-imported and of the
additional quantity required, or
(ii) In exceptional cases where the export, in the opinion of the government
of the exporting country, is essential for the treatment of the sick.
ARTICLE 22
Special provision applicable to cultivation
Whenever the prevailing conditions in the country or a territory of a Party
render the prohibition of the cultivation of the opium poppy, the coca bush or
the cannabis plant the most suitable measure, in its opinion, for protecting
the public health and welfare and preventing the diversion of drugs into the
illicit traffic, the Party concerned shall prohibit cultivation.
ARTICLE 23
National opium agencies
1. A Party that permits the cultivation of the opium poppy for the
production of opium shall establish, if it has not already done so, and
maintain, one or more government agencies (hereafter in this article referred
to as the Agency) to carry out the functions required under this article.
2. Each such Party shall apply the following provisions to the cultivation
of the opium poppy for the production of opium and to opium:
(a) The Agency shall designate the areas in which, and the plots of land on
which, cultivation of the opium poppy for the purpose of producing opium shall
be permitted.
(b) Only cultivators licensed by the Agency shall be authorized to engage in
such cultivation.
(c) Each licence shall specify the extent of the land on which the
cultivation is permitted.
(d) All cultivators of the opium poppy shall be required to deliver their
total crops of opium to the Agency. The Agency shall purchase and take
physical possession of such crops as soon as possible, but not later than four
months after the end of the harvest.
(e) The Agency shall, in respect of opium, have the exclusive right of
importing, exporting, wholesale trading and maintaining stocks other than
those held by manufacturers of opium alkaloids, medicinal opium or opium
preparations. Parties need not extend this exclusive right to medicinal opium
and opium preparations.
3. The governmental functions referred to in paragraph 2 shall be discharged
by a single government agency if the constitution of the Party concerned
permits it.
ARTICLE 24
Limitation on production of opium for international trade
1. (a) If any Party intends to initiate the production of opium or to
increase existing production, it shall take account of the prevailing world
need for opium in accordance with the estimates thereof published by the Board
so that the production of opium by such Party does not result in
over-production of opium in the world.
(b) A Party shall not permit the production of opium or increase the
existing production thereof if in its opinion such production or increased
production in its territory may result in illicit traffic in opium.
2. (a) Subject to paragraph 1, where a Party which as of 1 January 1961 was
not producing opium for export desires to export opium which it produces, in
amounts not exceeding five tons annually, it shall notify the Board,
furnishing with such notification information regarding:
(i) The controls in force as required by this Convention respecting the
opium to be produced and exported; and
(ii) The name of the country or countries to which it expects to export such
opium; and the Board may either approve such notification or may recommend to
the Party that it not engage in the production of opium for export.
(b) Where a Party other than a Party referred to in paragraph 3 desires to
produce opium for export in amounts exceeding five tons annually, it shall
notify the Council, furnishing with such notification relevant information
including:
(i) The estimated amounts to be produced for export;
(ii) The controls existing or proposed respecting the opium to be produced;
(iii) The name of the country or countries to which it expects to export
such opium; and the Council shall either approve the notification or may
recommend to the Party that it not engage in the production of opium for
export.
3. Notwithstanding the provisions of sub-paragraphs (a) and (b) of paragraph
2, a Party that during ten years immediately prior to 1 January 1961 exported
opium which such country produced may continue to export opium which it
produces.
4. (a) A Party shall not import opium from any country or territory except
opium produced in the territory of:
(i) A Party referred to in paragraph 3;
(ii) A Party that has notified the Board as provided in sub-paragraph (a) of
paragraph 2; or
(iii) A Party that has received the approval of the Council as provided in
sub-paragraph (b) of paragraph 2.
(b) Notwithstanding sub-paragraph (a) of this paragraph, a Party may import
opium produced by any country which produced and exported opium during the ten
years prior to 1 January 1961 if such country has established and maintains a
national control organ or agency for the purposes set out in article 23 and
has in force an effective means of ensuring that the opium it produces is not
diverted into the illicit traffic.
5. The provisions of this article do not prevent a Party:
(a) From producing opium sufficient for its own requirements; or
(b) From exporting opium seized in the illicit traffic, to another Party in
accordance with the requirements of this Convention.
ARTICLE 25
Control of poppy straw
1. A Party that permits the cultivation of the opium poppy for purposes
other than the production of opium shall take all measures necessary to
ensure:
(a) That opium is not produced from such opium poppies; and
(b) That the manufacture of drugs from poppy straw is adequately
controlled.
2. The Parties shall apply to poppy straw the system of import certificates
and export authorizations as provided in article 31, paragraphs 4 to 15.
3. The Parties shall furnish statistical information on the import and
export of poppy straw as required for drugs under article 20, paragraphs 1 (d)
and 2 (b).
ARTICLE 26
The coca bush and coca leaves
1. If a Party permits the cultivation of the coca bush, it shall apply
thereto and to coca leaves the system of controls as provided in article 23
respecting the control of the opium poppy, but as regards paragraph 2 (d) of
that article, the requirements imposed on the Agency therein referred to shall
be only to take physical possession of the crops as soon as possible after the
end of the harvest.
2. The Parties shall so far as possible enforce the uprooting of all coca
bushes which grow wild. They shall destroy the coca bushes if illegally
cultivated.
ARTICLE 27
Additional provisions relating to coca leaves
1. The Parties may permit the use of coca leaves for the preparation of a
flavouring agent, which shall not contain any alkaloids, and, to the extent
necessary for such use, may permit the production, import, export, trade in
and possession of such leaves.
2. The Parties shall furnish separately estimates (article 19) and
statistical information (article 20) in respect of coca leaves for preparation
of the flavouring agent, except to the extent that the same coca leaves are
used for the extraction of alkaloids and the flavouring agent, and so
explained in the estimates and statistical information.
ARTICLE 28
Control of cannabis
1. If a Party permits the cultivation of the cannabis plant for the
production of cannabis or cannabis resin, it shall apply thereto the system of
controls as provided in article 23 respecting the control of the opium poppy.
2. This Convention shall not apply to the cultivation of the cannabis plant
exclusively for industrial purposes (fibre and seed) or horticultural
purposes.
3. The Parties shall adopt such measures as may be necessary to prevent the
misuse of, and illicit traffic in, the leaves of the cannabis plant.
ARTICLE 29
Manufacture
1. The Parties shall require that the manufacture of drugs be under licence
except where such manufacture is carried out by a State enterprise or State
enterprises.
2. The Parties shall:
(a) Control all persons and enterprises carrying on or engaged in the
manufacture of drugs;
(b) Control under licence the establishments and premises in which such
manufacture may take place; and
(c) Require that licensed manufacturers of drugs obtain periodical permits
specifying the kinds and amounts of drugs which they shall be entitled to
manufacture. A periodical permit, however, need not be required for
preparations.
3. The Parties shall prevent the accumulation, in the possession of drug
manufacturers, of quantities of drugs and poppy straw in excess of those
required for the normal conduct of business, having regard to the prevailing
market conditions.
ARTICLE 30
Trade and distribution
1. (a) The Parties shall require that the trade in and distribution of drugs
be under licence except where such trade or distribution is carried out by a
State enterprise or State enterprises.
(b) The Parties shall:
(i) Control all persons and enterprises carrying on or engaged in the trade
in or distribution of drugs;
(ii) Control under licence the establishments and premises in which such
trade or distribution may take place. The requirement of licensing need not
apply to preparations.
(c) The provisions of sub-paragraphs (a) and (b) relating to licensing need
not apply to persons duly authorized to perform and while performing
therapeutic or scientific functions.
2. The Parties shall also:
(a) Prevent the accumulation in the possession of traders, distributors,
State enterprises or duly authorized persons referred to above, of quantities
of drugs and poppy straw in excess of those required for the normal conduct of
business, having regard to the prevailing market conditions; and
(b) (i) Require medical prescriptions for the supply or dispensation of
drugs to individuals. This requirement need not apply to such drugs as
individuals may lawfully obtain, use, dispense or administer in connexion with
their duly authorized therapeutic functions; and
(ii) If the Parties deem these measures necessary or desirable, require that
prescriptions for drugs in Schedule I should be written on official forms to
be issued in the form of counterfoil books by the competent governmental
authorities or by authorized professional associations.
3. It is desirable that Parties require that written or printed offers of
drugs, advertisements of every kind or descriptive literature relating to
drugs and used for commercial purposes, interior wrappings of packages
containing drugs, and labels under which drugs are offered for sale indicate
the international non-proprietary name communicated by the World Health
Organization.
4. If a Party considers such measure necessary or desirable, it shall
require that the inner package containing a drug or wrapping thereof shall
bear a clearly visible double red band. The exterior wrapping of the package
in which such drug is contained shall not bear a double red band.
5. A Party shall require that the label under which a drug is offered for
sale show the exact drug content by weight or percentage. This requirement of
label information need not apply to a drug dispensed to an individual on
medical prescription.
6. The provisions of paragraphs 2 and 5 need not apply to the retail trade
in or retail distribution of drugs in Schedule II.
ARTICLE 31
Special provisions relating to international trade
1. The Parties shall not knowingly permit the export of drugs to any
country or territory except:
(a) In accordance with the laws and regulations of that country or
territory; and
(b) Within the limits of the total of the estimates for that country or
territory, as defined in paragraph 2 of article 19, with the addition of the
amounts intended to be re-exported.
2. The Parties shall exercise in free ports and zones the same supervision
and control as in other parts of their territories, provided, however, that
they may apply more drastic measures.
3. The Parties shall:
(a) Control under licence the import and export of drugs except where such
import or export is carried out by a State enterprise or enterprises;
(b) Control all persons and enterprises carrying on or engaged in such
import or export.
4. (a) Every Party permitting the import or export of drugs shall require
a separate import or export authorization to be obtained for each such import
or export whether it consists of one or more drugs.
(b) Such authorization shall state the name of the drug, the international
non-proprietary name if any, the quantity to be imported or exported, and the
name and address of the importer and exporter, and shall specify the period
within which the importation or exportation must be effected.
(c) The export authorization shall also state the number and date of the
import certificate (paragraph 5) and the authority by whom it has been
issued.
(d) The import authorization may allow an importation in more than one
consignment.
5. Before issuing an export authorization the Parties shall require an
import certificate, issued by the competent authorities of the importing
country or territory and certifying that the importation of the drug or drugs
referred to therein, is approved and such certificate shall be produced by the
person or establishment applying for the export authorization. The Parties
shall follow as closely as may be practicable the form of import certificate
approved by the Commission.
6. A copy of the export authorization shall accompany each consignment, and
the Government issuing the export authorization shall send a copy to the
Government of the importing country or territory.
7. (a) The Government of the importing country or territory, when the
importation has been effected or when the period fixed for the importation has
expired, shall return the export authorization, with an endorsement to that
effect, to the Government of the exporting country or territory.
(b) The endorsement shall specify the amount actually imported.
(c) If a lesser quantity than that specified in the export authorization is
actually exported, the quantity actually exported shall be stated by the
competent authorities on the export authorization and on any official copy
thereof.
8. Exports of consignments to a post office box, or to a bank to the account
of a party other than the party named in the export authorization, shall be
prohibited.
9. Exports of consignments to a bonded warehouse are prohibited unless the
government of the importing country certifies on the import certificate,
produced by the person or establishment applying for the export authorization,
that it has approved the importation for the purpose of being placed in a
bonded warehouse. In such case the export authorization shall specify that the
consignment is exported for such purpose. Each withdrawal from the bonded
warehouse shall require a permit from the authorities having jurisdiction over
the warehouse and, in the case of a foreign destination shall be treated as if
it were a new export within the meaning of this Convention.
10. Consignments of drugs entering or leaving the territory of a Party not
accompanied by an export authorization shall be detained by the competent
authorities.
11. A Party shall not permit any drugs consigned to another country to pass
through its territory, whether or not the consignment is removed from the
conveyance in which it is carried, unless a copy of the export authorization
for such consignment is produced to the competent authorities of such Party.
12. The competent authorities of any country or territory through which a
consignment of drugs is permitted to pass shall take all due measures to
prevent the diversion of the consignment to a destination other than that
named in the accompanying copy of the export authorization unless the
Government of that country or territory through which the consignment is
passing authorizes the diversion. The Government of the country or territory
of transit shall treat any requested diversion as if the diversion were an
export from the country or territory of transit to the country or territory of
new destination. If the diversion is authorized, the provisions of paragraph 7
(a) and (b) shall also apply between the country or territory of transit and
the country or territory which originally exported the consignment.
13. No consignment of drugs while in transit, or whilst being stored in a
bonded warehouse, may be subjected to any process which would change the
nature of the drugs in question. The packing may not be altered without the
permission of the competent authorities.
14. The provisions of paragraphs 11 to13 relating to the passage of drugs
through the territory of a Party do not apply where the consignment in
question is transported by aircraft which does not land in the country or
territory of transit. If the aircraft lands in any such country or territory,
those provisions shall be applied so far as circumstances require.
15. The provisions of this article are without prejudice to the provisions
of any international agreements which limit the control which may be exercised
by any of the Parties over drugs in transit.
16. Nothing in this article other than paragraphs 1 (a) and 2 need apply in
the case of preparations in Schedule III.
ARTICLE 32
Special provisions concerning the carriage of drugs in first-aid kits of
ships
or aircraft engaged in international traffic
1. The international carriage by ships or aircraft of such limited amounts
of drugs as may be needed during their journey or voyage for first-aid
purposes or emergency cases shall not be considered to be import, export or
passage through a country within the meaning of this Convention.
2. Appropriate safeguards shall be taken by the country of registry to
prevent the improper use of the drugs referred to in paragraph 1 or their
diversion for illicit purposes. The Commission, in consultation with the
appropriate international organizations, shall recommend such safeguards.
3. Drugs carried by ships or aircraft in accordance with paragraph 1 shall
be subject to the laws, regulations, permits and licences of the country of
registry, without prejudice to any rights of the competent local authorities
to carry out checks, inspections and other control measures on board ships or
aircraft. The administration of such drugs in the case of emergency shall not
be considered a violation of the requirements of article 30, paragraph 2 (b).
ARTICLE 33
Possession of drugs
The Parties shall not permit the possession of drugs except under legal
authority.
ARTICLE 34
Measures of supervision and inspection
The Parties shall require:
(a) That all persons who obtain licences as provided in accordance with this
Convention, or who have managerial or supervisory positions in a State
enterprise established in accordance with this Convention, shall have adequate
qualifications for the effective and faithful execution of the provisions of
such laws and regulations as are enacted in pursuance thereof; and
(b) That governmental authorities, manufacturers, traders, scientists,
scientific institutions and hospitals keep such records as will show the
quantities of each drug manufactured and of each individual acquisition and
disposal of drugs. Such records shall respectively be preserved for a period
of not less than two years. Where counterfoil books (article 30, paragraph 2
(b)) of official prescriptions are used, such books including the counterfoils
shall also be kept for a period of not less than two years.
ARTICLE 35
Action against the illicit traffic
Having due regard to their constitutional, legal and administrative systems,
the Parties shall:
(a) Make arrangements at the national level for co-ordination of preventive
and repressive action against the illicit traffic; to this end they may
usefully designate an appropriate agency responsible for such co-ordination;
(b) Assist each other in the campaign against the illicit traffic in
narcotic drugs;
(c) Co-operate closely with each other and with the competent international
organizations of which they are members with a view to maintaining a
co-ordinated campaign against the illicit traffic;
(d) Ensure that international co-operation between the appropriate agencies
be conducted in an expeditious manner; and
(e) Ensure that where legal papers are transmitted internationally for the
purposes of a prosecution, the transmittal be effected in an expeditious
manner to the bodies designated by the Parties; this requirement shall be
without prejudice to the right of a Party to require that legal papers be sent
to it through the diplomatic channel.
ARTICLE 36
Penal provisions
1. Subject to its constitutional limitations, each Party shall adopt such
measures as will ensure that cultivation, production, manufacture, extraction,
preparation, possession, offering, offering for sale, distribution, purchase,
sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in
transit, transport, importation and exportation of drugs contrary to the
provisions of this Convention, and any other action which in the opinion of
such Party may be contrary to the provisions of this Convention, shall be
punishable offences when committed intentionally, and that serious offences
shall be liable to adequate punishment particularly by imprisonment or other
penalties of deprivation of liberty.
2. Subject to the constitutional limitations of a Party, its legal system
and domestic law,
(a) (i) Each of the offences enumerated in paragraph 1, if committed in
different countries, shall be considered as a distinct offence;
(ii) Intentional participation in, conspiracy to commit and attempts to
commit, any of such offences, and preparatory acts and financial operations in
connexion with the offences referred to in this article, shall be punishable
offences as provided in paragraph 1;
(iii) Foreign convictions for such offences shall be taken into account for
the purpose of establishing recidivism; and
(iv) Serious offences heretofore referred to committed either by nationals
or by foreigners shall be prosecuted by the Party in whose territory the
offence was committed, or by the Party in whose territory the offender is
found if extradition is not acceptable in conformity with the law of the Party
to which application is made, and if such offender has not already been
prosecuted and judgement given.
(b) It is desirable that the offences referred to in paragraph 1 and
paragraph 2 (a) (ii) be included as extradition crimes in any extradition
treaty which has been or may hereafter be concluded between any of the
Parties, and, as between any of the Parties which do not make extradition
conditional on the existence of a treaty or on reciprocity, be recognized as
extradition crimes; provided that extradition shall be granted in conformity
with the law of the Party to which application is made, and that the Party
shall have the right to refuse to effect the arrest or grant the extradition
in cases where the competent authorities consider that the offence is not
sufficiently serious.
3. The provisions of this article shall be subject to the provisions of the
criminal law of the Party concerned on questions of jurisdiction.
4. Nothing contained in this article shall affect the principle that the
offences to which it refers shall be defined, prosecuted and punished in
conformity with the domestic law of a Party.
ARTICLE 37
Seizure and confiscation
Any drugs, substances and equipment used in or intended for the commission
of any of the offences, referred to in article 36, shall be liable to seizure
and confiscation.
ARTICLE 38
Treatment of drug addicts
1. The Parties shall give special attention to the provision of facilities
for the medical treatment, care and rehabilitation of drug addicts.
2. If a Party has a serious problem of drug addiction and its economic
resources permit, it is desirable that it establish adequate facilities for
the effective treatment of drug addicts.
ARTICLE 39
Application of stricter national control measures than those required by this
Convention
Notwithstanding anything contained in this Convention, a Party shall not be,
or be deemed to be, precluded from adopting measures of control more strict or
severe than those provided by this Convention and in particular from requiring
that preparations in Schedule III or drugs in Schedule II be subject to all or
such of the measures of control applicable to drugs in Schedule I as in its
opinion is necessary or desirable for the protection of the public health or
welfare.
ARTICLE 40
Languages of the Convention and procedure for signature, ratification and
accession
1. This Convention, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be open for signature until 1
August 1961 on behalf of any Member of the United Nations, of any non-member
State which is a Party to the Statute of the International Court of Justice or
member of a specialized agency of the United Nations, and also of any other
State which the Council may invite to become a Party.
2. This Convention is subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General.
3. This Convention shall be open after 1 August 1961 for accession by the
States referred to in paragraph 1. The instruments of accession shall be
deposited with the Secretary-General.
ARTICLE 41
Entry into force
1. This Convention shall come into force on the thirtieth day following the
date on which the fortieth instrument of ratification or accession is
deposited in accordance with article 40.
2. In respect of any other State depositing an instrument of ratification or
accession after the date of deposit of the said forthieth instrument, this
Convention shall come into force on the thirtieth day after the deposit by
that State of its instrument of ratification or accession.
ARTICLE 42
Territorial application
This Convention shall apply to all non-metropolitan territories for the
international relations of which any Party is responsible, except where the
previous consent of such a territory is required by the Constitution of the
Party or of the territory concerned, or required by custom. In such case the
Party shall endeavour to secure the needed consent of the territory within the
shortest period possible, and when that consent is obtained the Party shall
notify the Secretary-General. This Convention shall apply to the territory or
territories named in such notification from the date of its receipt by the
Secretary-General. In those cases where the previous consent of the
non-metropolitan territory is not required, the Party concerned shall, at the
time of signature, ratification or accession, declare the non-metropolitan
territory or territories to which this Convention applies.
ARTICLE 43
Territories for the purposes of articles 19, 20, 21 and 31
1. Any Party may notify the Secretary-General that, for the purposes of
articles 19, 20, 21 and 31, one of its territories is divided into two or more
territories, or that two or more of its territories are consolidated into a
single territory.
2. Two or more Parties may notify the Secretary-General that, as the result
of the establishment of a customs union between them, those Parties constitute
a single territory for the purposes of articles 19, 20, 21 and 31.
3. Any notification under paragraph 1 or 2 above shall take effect on 1
January of the year following the year in which the notification was made.
ARTICLE 44
Termination of previous international treaties
1. The provisions of this Convention, upon its coming into force, shall, as
between Parties hereto, terminate and replace the provisions of the following
treaties:
(a) International Opium Convention, signed at The Hague on 23 January 1912;
(b) Agreement concerning the Manufacture of, Internal Trade in and Use of
Prepared Opium, signed at Geneva on 11 February 1925;
(c) International Opium Convention, signed at Geneva on 19 February 1925;
(d) Convention for Limiting the Manufacture and Regulating the Distribution
of Narcotic Drugs, signed at Geneva on 13 July 1931;
(e) Agreement for the Control of Opium Smoking in the Far East, signed at
Bangkok on 27 November 1931;
(f) Protocol signed at Lake Success on 11 December 1946, amending the
Agreements, Conventions and Protocols on Narcotic Drugs concluded at The Hague
on 23 January 1912, at Geneva on 11 February 1925 and 19 February 1925 and 13
July 1931, at Bangkok on 27 November 1931 and at Geneva on 26 June 1936,
except as it affects the last-named Convention;
(g) The Conventions and Agreements referred to in sub-paragraphs (a) to (e)
as amended by the Protocol of 1946 referred to in sub-paragraph (f);
(h) Protocol signed at Paris on 19 November 1948 Bringing under
International Control Drugs outside the Scope of the Convention of 13 July
1931 for Limiting the Manufacture and Regulating the Distribution of Narcotic
Drugs, as amended by the Protocol signed at Lake Success on 11 December 1946;
(i) Protocol for Limiting and Regulating the Cultivation of the Poppy
Plant, the Production of, International and Wholesale Trade in, and Use of
Opium, signed at New York on 23 June 1953, should that Protocol have come into
force.
2. Upon the coming into force of this Convention, article 9 of the
Convention for the Suppression of the Illicit Traffic in Dangerous Drugs,
signed at Geneva on 26 June 1936, shall, between the Parties thereto which are
also Parties to this Convention, be terminated, and shall be replaced by
paragraph 2 (b) of article 36 of this Convention; provided that such a Party
may by notification to the Secretary-General continue in force the said
article 9.
ARTICLE 45
Transitional provisions
1. The functions of the Board provided for in article 9 shall, as from the
date of the coming into force of this Convention (article 41, paragraph 1), be
provisionally carried out by the Permanent Central Board constituted under
chapter VI of the Convention referred to in article 44 (c) as amended, and by
the Supervisory Body constituted under chapter II of the Convention referred
to in article 44 (d) as amended, as such functions may respectively require.
2. The Council shall fix the date on which the new Board referred to in
article 9 shall enter upon its duties. As from that date that Board shall,
with respect to the States Parties to the treaties enumerated in article 44
which are not Parties to this Convention, undertake the functions of the
Permanent Central Board and of the Supervisory Body referred to in paragraph
1.
ARTICLE 46
Denunciation
1. After the expiry of two years from the date of the coming into force of
this Convention (article 41, paragraph 1) any Party may, on its own behalf or
on behalf of a territory for which it has international responsibility, and
which has withdrawn its consent given in accordance with article 42, denounce
this Convention by an instrument in writing deposited with the
Secretary-General.
2. The denunciation, if received by the Secretary-General on or before the
first day of July in any year, shall take effect on the first day of January
in the succeeding year, and, if received after the first day of July, shall
take effect as if it had been received on or before the first day of July in
the succeeding year.
3. This Convention shall be terminated if, as a result of denunciations made
in accordance with paragraph 1, the conditions for its coming into force as
laid down in article 41, paragraph 1, cease to exist.
ARTICLE 47
Amendments
1. Any Party may propose an amendment to this Convention. The text of any
such amendment and the reasons therefor shall be communicated to the
Secretary-General who shall communicate them to the Parties and to the
Council. The Council may decide either:
(a) That a conference shall be called in accordance with Article 62,
paragraph 4, of the Charter of the United Nations to consider the proposed
amendment; or
(b) That the Parties shall be asked whether they accept the proposed
amendment and also asked to submit to the Council any comments on the
proposal.
2. If a proposed amendment circulated under paragraph 1 (b) of this article
has not been rejected by any Party within eighteen months after it has been
circulated, it shall thereupon enter into force. If however a proposed
amendment is rejected by any Party, the Council may decide, in the light of
comments received from Parties, whether a conference shall be called to
consider such amendment.
ARTICLE 48
Disputes
1. If there should arise between two or more Parties a dispute relating to
the interpretation or application of this Convention, the said Parties shall
consult together with a view to the settlement of the dispute by negotiation,
investigation, mediation, conciliation, arbitration, recourse to regional
bodies, judicial process or other peaceful means of their own choice.
2. Any such dispute which cannot be settled in the manner prescribed shall
be referred to the International Court of Justice for decision.
ARTICLE 49
Transitional Reservations
1. A Party may at the time of signature, ratification or accession reserve
the right to permit temporarily in any one of its territories:
(a) The quasi-medical use of opium;
(b) Opium smoking;
(c) Coca leaf chewing;
(d) The use of cannabis, cannabis resin, extracts and tinctures of cannabis
for non-medical purposes; and
(e) The production and manufacture of and trade in the drugs referred to
under (a) to (d) for the purposes mentioned therein.
2. The reservations under paragraph 1 shall be subject to the following
restrictions:
(a) The activities mentioned in paragraph 1 may be authorized only to the
extent that they were traditional in the territories in respect of which the
reservation is made, and where there permitted on 1 January 1961.
(b) No export of the drugs referred to in paragraph 1 for the purposes
mentioned therein may be permitted to a non-party or to a territory to which
this Convention does not apply under article 42.
(c) Only such persons may be permitted to smoke opium as were registered by
the competent authorities to this effect on 1 January 1964.
(d) The quasi-medical use of opium must be abolished within 15 years from
the coming into force of this Convention as provided in paragraph 1 of article
41.
(e) Coca leaf chewing must be abolished within twenty-five years from the
coming into force of this Convention as provided in paragraph 1 of article
41.
(f) The use of cannabis for other than medical and scientific purposes must
be discontinued as soon as possible but in any case within twenty-five years
from the coming into force of this Convention as provided in paragraph 1 of
article 41.
(g) The production and manufacture of and trade in the drugs referred to in
paragraph 1 for any of the uses mentioned therein must be reduced and finally
abolished simultaneously with the reduction and abolition of such uses.
3. A Party making a reservation under paragraph 1 shall:
(a) Include in the annual report to be furnished to the Secretary-General,
in accordance with article 18, paragraph 1 (a), an account of the progress
made in the preceding year towards the abolition of the use, production,
manufacture or trade referred to under paragraph 1; and
(b) Furnish to the Board separate estimates (article 19) and statistical
returns (article 20) in respect of the reserved activities in the manner and
form prescribed by the Board.
4. (a) If a Party which makes a reservation under paragraph 1 fails to
furnish:
(i) The report referred to in paragraph (3) (a) within six months after the
end of the year to which the information relates;
(ii) The estimates referred to in paragraph 3 (b) within three months after
the date fixed for that purpose by the Board in accordance with article 12,
paragraph 1;
(iii) The statistics referred to in paragraph 3 (b) within three months
after the date on which they are due in accordance with article 20, paragraph
2,
the Board or the Secretary-General, as the case may be, shall send to the
Party concerned a notification of the delay, and shall request such
information within a period of three months after the receipt of that
notification.
(b) If the Party fails to comply within this period with the request of the
Board or the Secretary-General, the reservation in question made under
paragraph 1 shall cease to be effective.
5. A State which has made reservations may at any time by notification in
writing withdraw all or part of its reservations.
ARTICLE 50
Other reservations
1. No reservations other than those made in accordance with article 49 or
with the following paragraphs shall be permitted.
2. Any State may at the time of signature, ratification or accession make
reservations in respect of the following provisions of this Convention:
article 12, paragraphs 2 and 3; article 13, paragraph 2; article 14,
paragraphs 1 and 2; article 31, paragraph 1 (b), and article 48.
3. A State which desires to become a Party but wishes to be authorized to
make reservations other than those made in accordance with paragraph 2 of this
article or with article 49 may inform the Secretary-General of such intention.
Unless by the end of twelve months after the date of the Secretary-General's
communications of the reservation concerned, this reservation has been
objected to by one third of the States that have ratified or acceded to this
Convention before the end of that period, it shall be deemed to be permitted,
it being understood however that States which have objected to the reservation
need not assume towards the reserving State any legal obligation under this
Convention which is affected by the reservation.
4. A State which has made reservations may at any time by notification in
writing withdraw all or part of its reservations.
ARTICLE 51
Notifications
The Secretary-General shall notify to all the States referred to in
paragraph 1 of article 40:
(a) Signatures, ratifications and accessions in accordance with article 40;
(b) The date upon which this Convention enters into force in accordance with
article 41;
(c) Denunciations in accordance with article 46; and
(d) Declarations and notifications under articles 42, 43, 47, 49 and 50.
IN WITNESS THEREOF, the undersigned, duly authorized, have signed this
Convention on behalf of their respective Governments:
DONE at New York, this thirtieth day of March one thousand nine hundred and
sixty one, in a single copy, which shall be deposited in the archives of the
United Nations, and of which certified true copies shall be transmitted to all
the Members of the United Nations and to the other States referred to in
article 40, paragraph 1.
(Here follow the signatures on behalf of the parties to the Convention,
including Australia.)
SCHEDULES
List of drugs included in Schedule I
ACETYLMETHADOL (3-acetoxy-6-dimethylamino-4,4-diphenylheptane) ALLYLPRODINE
(3-allyl-1-methyl-4-phenyl-4-propionoxypiperidine) ALPHACETYLMETHADOL
(alpha-3-acetoxy-6-dimethylamino-4,4-diphenylheptane) ALPHAMEPRODINE
(alpha-3-ethyl-1-methyl-4-phenyl-4-propionoxypiperidine) ALPHAMETHADOL
(alpha-6-dimethylamino-4,4-diphenyl-3-heptanol) ALPHAPRODINE
(alpha-1,3-dimethyl-4-phenyl-4-propionoxypiperidine) ANILERIDINE
(1-para-aminophenethyl-4-phenylpiperidine-4-carboxylic acid ethyl ester)
BENZETHIDINE (1-(2-benzyloxyethyl)-4-phenylpiperidine-4-carboxylic acid ethyl
ester) BENZYLMORPHINE (3-benzylmorphine) BETACETYLMETHADOL
(beta-3-acetoxy-6-dimethylamino-4,4-diphenylheptane) BETAMEPRODINE
(beta-3-ethyl-1-methyl-4-phenyl-4-propionoxypiperidine) BETAMETHADOL
(beta-6-dimethylamino-4,4-diphenyl-3-heptanol) BETAPRODINE
(beta-1,3-dimethyl-4-phenyl-4-propionoxypiperidine) CANNABIS and CANNABIS
RESIN and EXTRACTS and TINCTURES of CANNABIS CLONITAZENE
(2-para-chlorbenzyl-1-diethylaminoethyl-5-nitrobenzimidazole) COCA LEAF
COCAINE (methyl ester of benzoylecgonine) CONCENTRATE OF POPPY STRAW (the
material arising when poppy straw has entered into a process for the
concentration of its alkaloids, when such material is made available in trade)
DEOMORPHINE (dihydrodeoxymorphine) DEXTROMORAMIDE
((+)-4-[2-methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl) butyl] morpholine)
DIAMPROMIDE (N-[2-methylphenethylamino) propyl] propionanilide)
DIETHYLTHIAMBUTENE (3-diethylamino-1,1-di-(2'-thienyl)-1-butene)
DIHYDROMORPHINE DIMENOXADOL (2-dimethylaminoethyl-1 ethoxy
1,1-diphenylacetate) DIMEPHEPTANOL (6-dimethylamino-4,4- diphenyl-3-heptanol)
DIMETHYLTHIAMBUTENE (3-dimethylamino-1,1-di-(2'-thienyl)-1-butene) DIOXAPHETYL
BUTYRATE (ethyl 4-morpholino-2,2-diphenylbutyrate) DIPHENOXYLATE
(1-(3-cyano-3, 3-diphenylpropyl)-4-phenylpiperidine-4-carboxylic acid ethyl
ester) DIPIPANONE (4,4-diphenyl-6-piperidine-3-heptanone) ECGONINE, its esters
and derivatives which are convertible to ecgonine and cocaine
ETHYLMETHYLTHIAMBUTENE (3-ethylmethylamino-1,1-di(2'-thienyl)-1-butene)
ETONITAZENE (1-diethylaminoethyl-2-para-ethoxybenzyl-5-nitrobenzimidazole)
ETOXERIDINE (1-[2-(2-hydroxyethoxy) ethyl]-4-phenylpiperidine-4-carboxylic
acid ethyl ester) FURETHIDINE
(1-(2-tetrahydrofurfuryloxyethyl)-4-phenylpiperidine-4-carboxylic acid ethyl
ester) HEROIN (diacetylmorphine) HYDROCODONE (dihydrocodeinone) HYDROMORPHINOL
(14-hydroxydihydromorphine) HYDROMORPHONE (dihydromorphinone) HYDROXYPETHIDINE
(4-meta-hydroxyphenyl-1-methylpiperidine-4-carboxylic acid ethyl ester)
ISOMETHADONE (6-dimethylamino-5-methyl-4,4-diphenyl-3-hexanone) KETOBEMIDONE
(4-meta-hydroxyphenyl-1-methyl-4-propionylpiperidine) LEVOMETHORPHAN*
((-)-3-methoxy-N-methylmorphinan)
------------------------------------------------------------------------------
--
* Dextromethorphan ((+)-3-methoxy-N-methylmorphinan) and dextrorphan
((+)-3-Hydroxy-N- methylmorphinan) are specifically excluded from this
Schedule.
LEVOMORAMIDE ((-)-4-[2-methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl) butyl]
morpholine) LEVOPHENACYLMORPHAN ((-)-3-hydroxy-N-phenacylmorphinan)
LEVORPHANOL* ((-)-3-hydroxy-N-methylmorphinan) METAZOCINE
(2'-hydroxy-2,5,9-trimethyl-6,7-benzomorphan) METHADONE
(6-dimethylamino-4,4-diphenyl-3-heptanone) METHYLDESORPHINE (6-methyl-delta
6-deoxymorphine) METHYLDIHYDROMORPHINE (6-methyldihydromorphine)
1-Methyl-4-phenylpiperidine-4-carboxylic acid METOPON
(5-methyldihydromorphinone) MORPHERIDINE
(1-(2-morpholinoethyl)-4-phenylpiperidine-4-carboxylic acid ethyl ester)
MORPHINE MORPHINE METHOBROMIDE and other pentavalent nitrogen morphine
derivatives MORPHINE-N-OXIDE MYROPHINE (myristylbenzylmorphine) NICOMORPHINE
(3,6-dinicotinylmorphine) NORLEVORPHANOL ((-)-3-hydroxymorphinan) NORMETHADONE
(6-dimethylamino-4, 4-diphenyl-3-hexanone) NORMORPHINE (demethylmorphine)
OPIUM OXYCODONE (14-hydroxydihydrocodeinone) OXYMORPHONE
(14-hydroxydihydromorphinone) PETHIDINE
(1-methyl-4-phenylpiperidine-4-carboxylic acid ethyl ester) PHENADOXONE
(6-morpholino-4, 4-diphenyl-3-heptanone) PHENAMPROMIDE
(N-(1-methyl-2-piperidinoethyl) propionanilide) PHENAZOCINE
(2'-hydroxy-5,9-dimethyl-2-phenethyl-6,7-benzomorphan) PHENOMORPHAN
(3-hydroxy-N-phenethylmorphinan) PHENOPERIDINE
(1-(3-hydroxy-3-phenylpropyl)-4-phenylpiperidine-4-carboxylic acid ethyl
ester) PIMINODINE (4-phenyl-1-(3-phenylaminopropyl) piperidine-4-carboxylic
acid ethyl ester) PROHEPTAZINE
(1,3-dimethyl-4-phenyl-4-propionoxyazacycloheptane) PROPERIDINE
(1-methyl-4-phenylpiperidine-4-carboxylic acid isopropyl ester)
RACEMETHORPHAN ((+-)-3-methoxy-N-methylmorphinan)
RACEMORAMIDE ((+-)-4-[2-methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl) butyl]
morpholine)
RACEMORPHAN ((+-)-3-hydroxy-N-methylmorphinan) THEBACON
(acetyldihydrocodeinone) THEBAINE TRIMEPERIDINE
(1,2,5-trimethyl-4-phenyl-4-propionoxypiperidine); and
The isomers, unless specifically excepted, of the drugs in this Schedule
whenever the existence of such isomers is possible within the specific
chemical designation;
The esters and ethers, unless appearing in another Schedule, of the drugs
in this Schedule whenever the existence of such esters of ethers is possible;
The salts of the drugs listed in this Schedule, including the salts of
esters, ethers and isomers as provided above whenever the existence of such
salts is possible.
List of drugs included in Schedule II
ACETYLDIHYDROCODEINE CODEINE (3-methylmorphine) DEXTROPROPOXYPHENE
((+)-4-dimethylamino-3-methyl-1,2-diphenyl-2- propionoxybutane) DIHYDROCODEINE
ETHYLMORPHINE (3-ethylmorphine) NORCODEINE (N-demethylcodeine) PHOLCODINE
(morpholinylethylmorphine); and
The isomers, unless specifically excepted, of the drugs in this Schedule
whenever the existence of such isomers is possible within the specific
chemical designation;
The salts of the drugs listed in this Schedule, including the salts of the
isomers as provided above whenever the existence of such salts is possible.
List of preparations included in Schedule III
1. Preparations of:
Acetyldihydrocodeine,
Codeine,
Dextropropoxyphene,
Dihydrocodeine,
Ethylmorphine,
Norcodeine, and
Pholcodine
when
(a) Compounded with one or more other ingredients in such a way that the
preparation has no, or a negligible, risk of abuse, and in such a way that the
drug cannot be recovered by readily applicable means or in a yield which would
constitute a risk to public health; and
(b) Containing not more than 100 milligrammes of the drug per dosage unit
and with a concentration of not more than 2.5 per cent in undivided
preparations.
2. Preparations of cocaine containing not more than 0.1 per cent of cocaine
calculated as cocaine base and preparations of opium or morphine containing
not more than 0.2 per cent of morphine calculated as anhydrous morphine base
and compounded with one or more other ingredients in such a way that the
preparation has no, or a negligible, risk of abuse, and in such a way that the
drug cannot be recovered by readily applicable means or in a yield which would
constitute a risk to public health.
3. Solid dose preparations of diphenoxylate containing not more than 2.5
milligrammes of diphenoxylate calculated as base and not less than 25
microgrammes of atropine sulphate per dosage unit.
4. Pulvis ipecacuanhae et opii compositus
10 per cent opium in powder
10 per cent ipecacuanha root, in powder well mixed with
80 per cent of any other powdered ingredient containing no drug.
5. Preparations conforming to any of the formulae listed in this Schedule
and mixtures of such preparations with any material which contains no drug.
List of drugs included in Schedule IV
CANNABIS AND CANNABIS RESIN DESOMORPHINE (dihydrodeoxymorphine) HEROIN
(diacetylmorphine) KETOBEMIDONE
(4-meta-hydroxyphenyl-1-methyl-4-propionylpiperidine); and
The salts of the drugs listed in this Schedule whenever the formation of
such salts is possible.
NARCOTIC DRUGS ACT 1967-1973 - SECOND SCHEDULE
SCH
SECOND SCHEDULE
Section
5
COMMUNICATION OF THE SECRETARY-GENERAL OF THE UNITED NATIONS DATED
11
DECEMBER, 1964
1. The Secretary-General of the United Nations presents his compliments to
the Minister for External Affairs and with reference to the
Secretary-General's circular note, reference C.N.212.1964.TREATIES-17 of 20
November 1964, advising that the Single Convention on Narcotic Drugs, 1961,
will come into force on 13 December 1964, has the honour to communicate the
attached amendments to the Schedules of the Single Convention on Narcotic
Drugs, 1961. These amendments were adopted by the Commission on Narcotic Drugs
of the Economic and Social Council at its nineteenth session (see Official
Records of the Economic and Social Council, Thirty-seventh Session, document
E/3893, paragraphs 157 and 158), pursuant to recommendations by the World
Health Organization.
2. It was understood that in accordance with Article 3, paragraph 7, of the
1961 Convention, this decision should be communicated as soon as the
Convention comes into force by the Secretary-General to all States Members of
the United Nations, to Non-Member States Parties to this Convention, to the
World Health Organization and to the Permanent Central Opium Board and Drug
Supervisory Body, and that the decision would become effective with respect to
each Party on the date of its receipt of such communication. The Parties would
thereupon take such action as might be required under the Convention.
Schedule I
The following items should be added:
Fentanyl [1-phenethyl-4-N-propionylanilinopiperidine];
Methadone-intermediate [4-cyano-2-dimethylamino-4, 4-diphenylbutane];
Moramide-intermediate [2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic
acid];
Noracymethadol [ ( +- )-alpha-3-acetoxy-6-methylamino-4, 4-diphenylheptane];
Norpipanone [4, 4-diphenyl-6-piperidine-3-hexanone];
Pethidine-intermediate-A [4-cyano-1-methyl-4-phenylpiperidine];
Pethidine-intermediate-B [4-phenylpiperidine-4-carboxylic acid ethyl ester];
Pethidine-intermediate-C [1-methyl-4-phenylpiperidine-4-carboxylic acid];
Schedule II
Nicocodine (6-nicotinylcodeine) should be added.
Dextropropoxyphene [(+)-4-dimethylamino-3-methyl-l, 2-diphenyl-2-
propionoxybutane] should be deleted.
Schedule III
Of the substances listed in section (1), dextropropoxyphene should be
deleted.
-----------
COMMUNICATION OF THE SECRETARY-GENERAL OF THE UNITED NATIONS DATED 2
FEBRUARY, 1966
The Secretary-General of the United Nations presents his compliments to the
Minister for External Affairs of Australia and has the honour to communicate,
in accordance with article 3, paragraph 7, of the Single Convention on
Narcotic Drugs, 1961, an amendment to Schedule I of this Convention, namely,
the addition to that Schedule of the following substance:
1-(3-cyano-3, 3-diphenylpropyl)-4-(1-piperidino) piperidine-4-carboxylic
acid amide (the proposed international non-proprietary name of which is
piritramide) and its salts.
This amendment was adopted by the Commission on Narcotic Drugs of the Economic
and Social Council at its twentieth session (document E/4140, paragraph 54).
The attention of Governments is drawn to article 3, paragraph 7, of the
Convention under which such decision of the Commission shall become effective
with respect to each Party on the date of its receipt of such communication,
and the Parties shall thereupon take such action as may be required under this
Convention.
-----------
COMMUNICATION OF THE SECRETARY-GENERAL OF THE UNITED NATIONS DATED 19
OCTOBER, 1966
The Secretary-General of the United Nations presents his compliments to the
Minister for External Affairs of Australia and with reference to his note
dated 17 June 1966, (NAR/CL.5/1966) has the honour to state that the
Commission on Narcotic Drugs has decided that the substances M.183 (the
proposed international non-proprietary name of which is acetorphine) and M.99
(the proposed international non-proprietary name of which is etorphine) should
be added to Schedule I of the Single Convention on Narcotic Drugs, 1961, and
that the substance M.285 (the proposed internationl non-proprietary name of
which is cyprenorphine) should not be placed on any of the Schedules of the
1961 Convention.
The decision of the Commission was taken pursuant to the recommendations of
the World Health Organization under Article 3 of the 1961 Convention and in
accordance with the procedure adopted by the Commission at its twentieth
session (Official Records of the Economic and Social Council, Fortieth
session, Supplement No. 2; document E/4140, Resolution 1 (XX)).
The attention of governments is drawn to Article 3, paragraph 7, of the 1961
Convention by which such decision ''shall become effective with respect to
each Party on the date of its receipt of such communication, and the Parties
shall thereupon take such action as may be required under this Convention''.
-----------
COMMUNICATION OF THE SECRETARY-GENERAL OF THE UNITED NATIONS DATED
20
JANUARY, 1966
The Secretary-General of the United Nations presents his compliments to the
Minister for External Affairs of Australia and has the honour to communicate
the following amendments to Schedule III of the Single Convention on Narcotic
Drugs, 1961, which were adopted by the Commission on Narcotic Drugs of the
Economic and Social Council at its twenty-first session, 5-21 December 1966,
following upon recommendations made by the World Health Organization:
List of preparations included in Schedule III
1. Section 1 (a) and (b) are deleted and replaced by the following: ''When
compounded with one or more other ingredients and containing not more than 100
milligrams of the drug per dosage unit and with a concentration of not more
than 2.5 per cent in undivided preparations''.
2. In section 2 delete the words ''in such a way that the preparation has no,
or a negligible risk of abuse, and'', so that the paragraph reads as follows:
''Preparations of cocaine containing not more than 0.1 per cent of cocaine
calculated as cocaine base and preparations of opium or morphine containing
not more than 0.2 per cent of morphine calculated as anhydrous morphine base
and compounded with one or more other ingredients in such a way that the drug
cannot be recovered by readily applicable means or in a yield which would
constitute a risk to public health.''
3. In section 3 delete the words ''Solid dose''.
The Secretary-General has the honour to invite attention to Article 3,
paragraph 7 of the 1961 Convention whereby the above decisions would become
effective with respect to each Party on the date of its receipt of such
communication, and the Parties would thereupon take such action as might be
required under the Convention.
------------------------------------------------------------------------------
--
NARCOTIC DRUGS ACT 1967-1973 - NOTE
NOTE
1. The Narcotic Drugs Act 1967-1973 comprises the Narcotic Drugs Act 1967 as
amended by the other Act specified in the following table:
----------------------------------------------------------------------------
Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------
Narcotic Drugs Act 1967 No. 53, 1967 30 May 1967 1 Jan 1968 (see
Gazette 1967, p.
7053)
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------