International legal aspects of cannabis policy reform

Not a great deal has been published on the treaty implications of cannabis policies and even less on possible changes to regulating production and sales to private parties, but we have included a list of the existing publications known to us at the end of this article.

The most extensive publication on this subject is probably “Moving beyond stalemate” by Robin Room et al for the Beckley Foundation.

In this note we would like to refrain from an extensive analysis of all international treaties on substance use and stick to the ins and outs of cannabis regulation in the scope of the treaty at the basis of all “drug treaties”, the UN Single Convention of New York, 1961.

Article 28

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.

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