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 provisions in light of the ongoing calls recreational cannabis regulation. The study contends that the C61 is not a prohibition treaty, but rather Framework medical/pharmaceutical Convention. Presented at the Commission on Narcotic Drugs (CND) and International Narcotics Control Board (INCB), it generated intense debates among scholars and policymakers.
The study is an applicatory contestation of C61 relying on a classical text-based interpretation compared with intention-based and teleological interpretations. Treaty provisions on cannabis are analysed, highlighting the separation between medical and non-medical and conditions for exemptions. Recent legal changes (2020 rescheduling) and language evolution at CND are also reviewed.
All schools of interpretation coincide in giving relevance to existing C61 exemption clauses, in particular article 2(9), for non-medical uses, which are not exclusive of recreational uses. There are conditions. The study argues that this existing international legal environment provides a compliant pathway for decision-makers in legalizing non-medical cannabis.
In conclusion, the presentation will 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.