Non-medical Cannabis & international law: compliance and controversies
Background: the 1961 Single Convention on Narcotic Drugs (C61) establishes the core international legal regime for cannabis, which has often been described as mandating a prohibition of non-medical (recreational) uses. In 2022, a study was published, discussing these international legal provisions in light of the ongoing calls for the regulation of recreational cannabis products. The study contends that the C61 is not a prohibition treaty, but rather Framework medical/pharmaceutical Conventions. It was presented at the Commission on Narcotic Drugs (CND) and International Narcotics Control Board (INCB) and generated intense debates among scholars and policymakers alike.
Methods: Applicatory contestation of the Conventions relying on the classical method of text-based interpretation, and compared with intention-based and teleological interpretations. Treaty provisions related to non-medical cannabis are analysed, highlighting the separation between medical and non-medical uses and the conditions for exemptions from controls. Recent legal changes (2020 scheduling decision) and language evolution at the CND are also reviewed.
Results: The different schools of interpretation coincide in giving relevance to a series of existing treaty clauses, in particular article 2(9) of C61, providing for an exemption for non-medical uses (which are not exclusive of recreational uses) under certain conditions. The study argues that the existing international legal regime of the C61 provides an alternative pathway for decision-makers in legalizing non-medical cannabis while remaining compliant with the Convention.
Conclusion: In addition to the presentation of the study's findings, in the conclusion, the presentation aims to discuss the reception, introduce the criticisms received, and address them. The influence of the study, in particular over recent national legislative reforms, but also its impact on changing language at the INCB, would be put in perspective to conclude the session.
