The Medicinal Cannabis (R)evolution

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5.0 RECENT LEGISLATIVE DEVELOPMENTS IN ECCU MEMBER COUNTRIES

The United Nations Single Convention on Narcotic Drugs 1961 (UN Convention 1961), classifies marijuana or ‘ cannabis or extracts and tinctures of cannabis ’ as a Schedule I and IV drug. Drugs in this classification must be subjected to measures of control. Article 2(5)(b) of the UN Convention 1961 states: “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”. Article 28 gives provision for the cultivation of the cannabis plant given certain conditions: 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. The UN Convention recognised a need to include an exception for medical and scientific research and it is reasonable to say that this type of research should eventually lead to a treatment for medical conditions.