United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988

Instrument

Type	Treaty
Number	United Nations Treaty Series, vol. 1582, p. 95
Jurisdiction	International
Adopted	19 December 1988
Place	Vienna
In force from	11 November 1990
Parties	192 (October 2026)
Depositary	Secretary-General of the United Nations

Status

Status	In force

Cannabis

Cultivation of the cannabis plant to produce narcotic drugs contrary to the 1961 Convention is a trafficking offence (art. 3(1)); possession, purchase or cultivation for personal consumption must also be an offence, subject to each party's constitutional principles (art. 3(2)); illicitly cultivated cannabis plants are to be eradicated with due account of traditional licit uses and the environment (art. 14(2))

Text

Read the official text

United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances is the United Nations treaty of 1988 that obliges its parties to make drug trafficking and the laundering of its proceeds criminal offences under their own law. It also sets rules for confiscation, extradition and mutual legal assistance between them.^{: arts. 3, 5–7} In its preamble the parties recognise the need to "reinforce and supplement" the measures of the Single Convention on Narcotic Drugs of 1961 and the Convention on Psychotropic Substances of 1971.^: preamble A conference in Vienna adopted it on 19 December 1988, and it came into force on 11 November 1990.^: 11 In October 2026 it had 192 parties.

For cannabis, the Convention makes the cultivation of the cannabis plant for the production of narcotic drugs, contrary to the 1961 Convention, one of the trafficking offences each party must create. Each party must also make possession, purchase or cultivation for personal consumption an offence, subject to its constitutional principles and the basic concepts of its legal system. Article 14 requires the parties to prevent illicit cultivation of cannabis plants and to eradicate them. The measures must respect fundamental human rights and take due account of traditional licit uses, where there is historic evidence of such use, and of the protection of the environment.^{: arts. 3(1)(a)(ii), 3(2), 14(2)}

Background and drafting

The United Nations General Assembly began the work by resolution 39/141 of 14 December 1984. It asked the Economic and Social Council to have the Commission on Narcotic Drugs prepare a draft convention against illicit traffic that would consider the problem "as a whole" and in particular the aspects "not envisaged in existing international instruments". The Secretary-General prepared the first draft. An open-ended intergovernmental expert group worked on it, and the Commission reviewed it at its tenth special session (Vienna, 8–19 February 1988). A review group met in Vienna from 27 June to 8 July 1988. The Council's resolution 1988/8 of 25 May 1988 convened the conference of plenipotentiaries, which met at the Neue Hofburg in Vienna from 25 November to 20 December 1988 with 106 states taking part.^{: Final Act, paras. 1–5, 7}

The conference worked by consensus in two committees of the whole. Committee I took the preamble and the first five draft articles, which became articles 1 to 8 of the final text. Committee II took the rest.^: 10 Informal working groups were set up to reach agreement on the drafting of article 3, on offences and sanctions.^: 11 The conference adopted the Convention on 19 December 1988. It was opened for signature the following day, and 43 of the 106 participating states signed it on 20 December.^: 25

The Convention leaves the earlier treaties in place. Under article 25 it does not derogate from any right or obligation of its parties under the 1961 Convention, that Convention as amended in 1972 or the 1971 Convention.^{: art. 25} Its definition of "illicit traffic" is the offences of article 3, paragraphs 1 and 2.^{: art. 1(m)}

Cannabis in the text

The plant

Article 1(b) defines the "cannabis plant" as "any plant of the genus Cannabis", the definition of the 1961 Convention. The UN Commentary of 1998 notes that the 1961 definitions of "cannabis" (the flowering or fruiting tops) and "cannabis resin" are not repeated, because the relevant provisions of the 1988 text "are concerned with the cultivation of the plant as a whole".^{: art. 1(b): 28} The Commentary states that the genus "consists of the single species Cannabis sativa L.", the name the 1925 Convention used for the "Indian hemp" plant.^: 29

A "narcotic drug" is any substance in Schedules I and II of the 1961 Convention.^{: art. 1(n)} The Commentary points out that the cannabis plant, the opium poppy and the coca bush are not narcotic drugs under this definition. Article 14(2) instead counts them among the "plants containing narcotic or psychotropic substances".^: 35

Cultivation as a trafficking offence

Article 3(1)(a)(ii) lists among the offences each party must establish "the cultivation of opium poppy, coca bush or cannabis plant for the purpose of the production of narcotic drugs contrary to the provisions of the 1961 Convention and the 1961 Convention as amended".^{: art. 3(1)(a)(ii)} The Commentary calls the reference to the 1961 Convention important, because "under those texts some cultivation is licit". Article 22 of the 1961 Convention lets a party prohibit cultivation of the plant but does not require it in every case, and where cultivation is permitted for licit purposes a system of controls applies.^: 56–57

Each party must make the offences of paragraph 1 liable to sanctions that "take into account the grave nature of these offences", such as imprisonment, pecuniary sanctions and confiscation.^{: art. 3(4)(a)} They are extraditable between the parties and open to confiscation and mutual legal assistance.^{: arts. 5(1), 6(1), 7(1)} Paragraph 1 also makes it an offence to manufacture, transport or distribute equipment or materials knowing that they are to be used "in or for the illicit cultivation, production or manufacture" of narcotic drugs.^{: art. 3(1)(a)(iv)} In its comments on article 13 (materials and equipment), the Commentary notes that lighting and heating systems sold for licit horticulture can also serve "sophisticated illicit hydroponic cultivation", for trafficking or for growing narcotic plants for personal consumption.^: 292

Cultivation for personal consumption

Article 3(2) reads:^{: art. 3(2)}

Subject to its constitutional principles and the basic concepts of its legal system, each Party shall adopt such measures as may be necessary to establish as a criminal offence under its domestic law, when committed intentionally, the possession, purchase or cultivation of narcotic drugs or psychotropic substances for personal consumption contrary to the provisions of the 1961 Convention, the 1961 Convention as amended or the 1971 Convention.

The Commentary calls this "the controversial matter of possession, purchase or cultivation for personal consumption".^: 78 Under the 1961 Convention a number of states had held that "possession" in its penal article did not cover possession for personal consumption, and they read "cultivation" the same way.^: 78 The Commentary says the 1988 text "reflects compromises on a number of points". The paragraph carries the safeguard clause on constitutional principles. Its closing words, "contrary to the provisions of" the earlier conventions, might let parties keep their earlier interpretations, though the Commentary prefers a reading in which they bring in the schedules and the earlier treaties' distinction between licit and illicit consumption. It was also kept apart from paragraph 1.^: 81 At the conference the representative of Bolivia said that if the new convention went beyond the 1961 Convention on coca leaf cultivation, "whole batches of the population would be in jeopardy and the prisons would be full to overflowing".^{: 81, note 176}

Because paragraph 2 is separate, extradition, confiscation, mutual legal assistance and extraterritorial jurisdiction do not reach personal-use offences. The Commentary says these forms of co-operation were judged inappropriate to "the relatively minor but very numerous offences established in accordance with paragraph 2".^: 81–82 For such an offence a party may provide treatment, education, aftercare, rehabilitation or social reintegration "either as an alternative to conviction or punishment, or in addition to" it.^{: art. 3(4)(d)} The Commentary adds that paragraph 2 does not require consumption itself to be made punishable. It does require parties to criminalise possession, purchase and cultivation for personal consumption "unless it would be contrary to the constitutional principles and basic concepts of their legal systems to do so". It suggests weight thresholds for separating personal-use offences from more serious ones.^: 82–83

Eradication and traditional use

Article 14 deals with eradicating the illicit cultivation of narcotic plants and eliminating illicit demand. Under paragraph 1, measures taken under the Convention "shall not be less stringent" than the eradication and demand provisions of the earlier conventions.^{: art. 14(1)} Paragraph 2 reads:^{: art. 14(2)}

Each Party shall take appropriate measures to prevent illicit cultivation of and to eradicate plants containing narcotic or psychotropic substances, such as opium poppy, coca bush and cannabis plants, cultivated illicitly in its territory. The measures adopted shall respect fundamental human rights and shall take due account of traditional licit uses, where there is historic evidence of such use, as well as the protection of the environment.

The first draft of the article required parties only to "take effective action to eradicate any opium poppy, coca bush and cannabis plants that may be cultivated illicitly in their territories". In the expert group one representative proposed subjecting eradication to "fundamental human rights, respect for the traditions of national and regional groups, and the protection of the environment". Others objected that traditions could change.^: 294–295 At the conference twelve delegations, among them Bolivia, Colombia, India, Jamaica, Mexico and Peru, proposed an amendment that would have dropped the article's reference to the 1961 Convention. It opened a long discussion that turned largely on the traditional use of coca leaf.^: 296 One proposal would have treated the coca bush differently from the opium poppy and the cannabis plant, and would have required respect for the "traditional, domestic, medical, pharmaceutical and industrial" licit uses of all three. It met strong opposition and a concern not to amend, or appear to amend, the control regime of the 1961 Convention. Agreement came on the phrase "due account of traditional licit uses, where there is historic evidence of such use".^: 300

The Commentary sets paragraph 2 against article 49 of the 1961 Convention. That article's transitional reservations allowed the non-medical use of cannabis to continue until 12 December 1989 at the latest. Five states made reservations under it, and Bangladesh, India, Nepal and Pakistan made them for cannabis.^: 299–300 Read with article 22 of the 1961 Convention, it says, prohibition of cultivation must be the most suitable measure in the party's opinion for protecting public health and preventing diversion, and eradication measures must be judged to respect human rights, to take due account of traditional licit uses where there is historic evidence of them and to take due account of the environment. On the environment it notes that toxic chemicals, "especially where they are sprayed from aircraft, may prove highly effective" but that their environmental risks "need to be weighed".^: 301 It lists manual and mechanical uprooting and manual and aerial spraying among the eradication methods in use.^: 306

Paragraph 3 lets parties co-operate on eradication, including support for "integrated rural development leading to economically viable alternatives to illicit cultivation", and requires neighbouring parties to seek to co-operate on eradication along their common frontiers.^{: art. 14(3)} The Commentary says this approach is "more commonly known as 'alternative development'".^: 306 Paragraph 5 allows the early destruction of seized drugs, and the admission in evidence of duly certified quantities.^{: art. 14(5)}

Amendment and scheduling history

Any party may propose an amendment under article 31. The Commission on Narcotic Drugs amends Tables I and II, the annexed lists of substances frequently used in illicit manufacture, under article 12.^{: arts. 12, 31} The Convention has no drug schedules of its own: a narcotic drug is any substance in Schedules I and II of the 1961 Convention.^{: art. 1(n)} The Commentary says that its references to the earlier conventions "incorporate by reference the regimes applicable to particular categories of narcotic drugs and psychotropic substances".^: 53 The Commission's vote of 2 December 2020 deleted cannabis and cannabis resin from Schedule IV of the 1961 Convention, and they remain in Schedule I.^{: 5, 13}

Implementation

In carrying out the Convention, the parties take "necessary measures, including legislative and administrative measures, in conformity with the fundamental provisions of their respective domestic legislative systems".^{: art. 2(1)} The description of the offences and of the defences to them is reserved to each party's domestic law.^{: art. 3(11)} Parties report the laws they pass to give effect to it through the Secretary-General to the Commission on Narcotic Drugs, and the International Narcotics Control Board reports on the article on precursor chemicals.^{: arts. 12(13), 20}

Several parties limited their acceptance of the cultivation and personal-use provisions:

• Bolivia reserved article 3(2), declaring inapplicable any part of it that could make a criminal offence of "the use, consumption, possession, purchase or cultivation of the coca leaf for personal consumption".
• Peru reserved article 3(1)(a)(ii), objecting that it "includes cultivation among the activities established as criminal offences, without drawing the necessary clear distinction between licit and illicit cultivation".
• Switzerland does not consider itself bound by article 3(2).
• Colombia declared that "treatment under the Convention of the cultivation of the coca leaf as a criminal offence must be harmonized with a policy of alternative development, taking into account the rights of the indigenous communities involved and the protection of the environment". It made its obligations under article 3(1)(c) and (2) and article 11 conditional on respect for its constitutional principles.
• The Netherlands accepts article 3(6), (7) and (8) only in so far as they accord with Dutch criminal legislation and policy.

Effect on cultivation and traditional use

The Commentary says article 14(1) was worded so that the article would not "produce any conflict with, or involve any implied amendment to" the earlier conventions, and that measures under it supplement those already taken under them.^: 295 It quotes the report of the United States delegation, which said the paragraph "leaves no question as to what cultivation is illegal in nature versus that which is legal for medicinal, traditional and scientific purposes".^: 305 On article 14(3), it writes that behind "the studied neutrality of the text" lay the view of producing countries that the countries where drugs are most consumed should help pay for alternative crops and other licit activities and should not obstruct their access to markets.^: 302

Reception

Bewley-Taylor, Blickman and Jelsma (2014) write that President Ronald Reagan took the United States campaign for stricter drug laws to the international level, and that the 1988 Convention followed, a further instrument against trafficking and its profits. In their account it marked "the beginnings of an anti-money-laundering regime" and "significantly reinforced the obligation of countries to apply criminal sanctions to combat all the aspects of illicit production, possession and trafficking of drugs".^: 25

See also

• Category:Eradication campaigns
• Commission on Narcotic Drugs
• Convention on Psychotropic Substances
• International Narcotics Control Board
• Narcotic Drugs and Psychotropic Substances Act, 1985
• Single Convention on Narcotic Drugs