This section provides basic, simplified information about the international legal system around Cannabis. Contents are derived from the Cannabis Embassy Campus Vienna 2024 courses.
- Part 1: International Law.
- Part 2: Intergovernmental Organisations.
Part 1 — International Law
International law (IL), also known as the law of nations, is a type of legal rules that is set out between sovereign countries, and applies to them (it applies to humans only indirectly, through their country’s government). While national or local laws are crafted by people (often, elected representatives) to apply to the behaviour and actions of people, IL is crafted by countries and generally applies to nations as such, not directly to people.
Pieces of legislation in IL are normally called “treaties” but can also be referred to as “conventions”, “agreement”, “arrangement”, “accord”, “protocol”… These are all strict synonyms.
IL can concern direct inter-country affairs (diplomacy, war, trade…). It can also pertain to the field of harmonisation of national laws and policies: while IL is not directly regulating people’s life, it can do so indirectly via “non self-implementing” treaties which countries then have to implement via their national laws (such as human rights, drug control, climate and environmental regulations, etc.).
International drug control law & Cannabis
The international legal regime for Cannabis is entirely defined in the Single Convention on narcotic drugs, 1961. This Convention (“Single Convention” or “C61”) distinguishes the Cannabis plant (living and whole plant) from “cannabis and cannabis resin”, the dry botanical material obtained from the living Cannabis plant. The Convention has also some words on other specific parts, like leaves and seeds, but that is really an ultra-minor aspect.
Generally, the living Cannabis plant is not a “drug”, therefore, it is not subject to drug control under the C61. However, if the plant is cultivated for medical and scientific purposes, or for illicit purposes, it becomes controlled by the Convention. “For” is the key word here, since this is the second approach through which the Convention distinguishes: the purpose. Growing a Cannabis plant for medical purposes? It’s medical and scientific purpose, you have to apply certain rules. Growing a Cannabis plant for illicit purposes? It’s the cops. The purpose commands the law —and this make sense, since the plant is not, and can not be illegal. Only human actions, and a given purpose of said action, can be actionably made illegal.
Regarding “cannabis” the product, the C61 classifies it as a “drug” (more specifically a “narcotic drug” which is a legal more than pharmacological term). Legally, it mandates complex and detailed measures to regulate every aspect of licit medical production and markets (“cannabis for medical and scientific purposes” in the words of the Convention) at the national level. The C61 also contains mandatory measures to apply nationally when regulating non-medical cannabis (“other than medical and scientific purposes commonly used in industry”).
While the provisions for medical use are countless, those for non-medical use are contained in one article (art. 2 paragraph 9) and can be summarised as these two following obligations, for governments seeking a legalisation bill that complies with the Conventions:
- Making prevention and harm reduction within the licit sector, avoiding the harmful effects of “abuse and ill effects” using the best means available;
- Sending to the INCB figures about the quantities of licit cannabis circulating within the country’s market yearly.
In theory these two mandatory requirements apply to recreational cannabis as well as so-called “low-THC” cannabis, insofar both are “cannabis and cannabis resin” in the same manner for the C61 (which was adopted in 1961 before THC could be included into its provisions).
What is usually called “industrial hemp” covers different products. Most of them are obtained from Cannabis plants that have not been cultivated for medical or for illicit purposes, and are therefore entirely out of the Convention. If the “hemp” product is the top part of the plant, it is “cannabis and cannabis resin” and will only be outside of the Convention if the State in question has complied with art. 2 paragraph 9 (if a non-medical “hemp” product) or with the provisions for medical cannabis 8for a medical “hemp” product). If none of the two, the product is illegal, and our “hemp” product is imminently at risk of being seized!
In sum, the key to understanding international cannabis law are these two entries that split the plant conceptually: first the Cannabis vs cannabis [“and cannabis resin”], and second the purposes. We can simplify it a bit with the table below:
|
for medical and scientific purposes |
for other than medical and scientific purposes |
for any purpose liable to abuse or ill effects |
|
| the plant (growing) |
Full crop control régime: Article 28(1), Article 23 |
Exemption from crop control: Article 28(2) |
Option to prohibit: Article 22. |
| the buds & resin (harvested) |
Full drug control régime: Article 2(1), Article 19, Article 20, Article 21, Article 29, Article 30, Article 31, Article 32, Article 33, Article 34, Article 37. |
Exemption from drug control under conditions: Article 2(9), Article 20(1)b. |
Repression subject to constitutional limitations: Article 36, Prevention, treatment: Article 38. |
| the leaves (harvested) |
Specific exemption: Article 28(3). |
Specific exemption: Article 28(3). |
Fight against misuse: Article 28(3). |
| the seeds (harvested) | Do not fall under the scope of the C61 (however, other treaties apply to seeds as genetic resources). | ||
| the rest of plant parts (harvested) | Do not fall under the scope of the C61. | ||
All other treaties — including the 1988 UN Convention against drug trafficking or the UN Convention on the Law of the Sea, all of the plant treaties we mention below, and so on, are pointing back and/or deferring to the Single Convention’s legal regime as the basis for any Cannabis/cannabis-related activity or regulation. This is also the case for European Law which has integrated ipso facto the Single Convention as part of its community law (“European acquis“).
Learn more reading the report High compliance: A Lex Lata Legalization for the Non-Medical Cannabis industry. How to regulate recreational cannabis in accordance with the Single Convention on narcotic drugs, 1961. (download PDF) (download summary)
International human rights law & Cannabis
(Adapted from this source)
| Human Right | Included in: | Examples involving Cannabis (not comprehensive of the very diverse cannabis cultures, practices, histories, contexts) | |
| Human Rights declarations (non-binding) | International Legal Instruments (binding Human Rights Treaties) | ||
| Right to highest standards of health |
UNDRIP Art. 21, 23, 24 UNDROP Art. 4(2), 23(1) |
UDHR Art. 25(1) ICESCR Art. 12 ICERD Art. 5(e)(iv) |
Lack of access and availability (despite ease of cultivation) |
| Right to traditional medicines |
UNDRIP Art. 24 UNDROP Art. 23(2) |
||
|
ICCPR Art. 1, 47 ICESCR Art. 1(2), 11, 15, 25 ICERD Art. 5(e) CBD Art. 8(j), 10, 15 Plant Treaty Art. 9 |
Access to medicinal plant-based products restricted
Biopiracy
Misappropriation of traditional or contemporary cultural knowledge, or agricultural know-hows |
||
| Right to seeds, plants and genetic resources |
UNDRIP Art. 31 UNDROP Art. 19 |
||
| Right to free, prior, and informed consent | UNDRIP Art. 11, 19, 28, 29 | ||
| Rights to natural and cultural heritage |
UNDRIP Art. 8, 11, 29, 31 UNDROP Art. 5, 18, 26 |
||
| Right to benefit from science | UNDROP Art. 2(6)(c), 25 | ICESCR Art. 15 |
Findings about medical applications not reflected in broader patient access. Findings about harm reduction not implemented. |
| Right to privacy |
American Convention on Human Rights Art. 11 Arab Charter on Human Rights Art. 16, 21, 31 ASEAN Human Rights Declaration Art. 21 European Convention on Human Rights Art. 8 |
UDHR Art. 12 ICCPR Art. 17 |
Interference with self medication and home cultivation
Invasion of private property and consensual transactions
|
| Right to participation in policy-making |
UNDRIP Art. 18, 23 UNDROP Art. 2(3), 10, 11, 15(4) Sustainable Development Agenda, Goal 17 |
UDHR Art. 21 ICCPR Art. 25 ICESCR Art. 8 ICEAR Art. 5(c) CEDAW Art. 7, 8 |
Only large companies are consulted, and not peasants, IPLC, patients or healthcare workers |
| Right to non- discrimination |
UNDRIP Art. 2, 46(3) UNDROP Art. 4 UN Declaration on the Right to Development Art. 6 Sustainable Development Agenda Goal 10 |
ICCPR Art. 2(1), 26 ICESCR Art. 2(2) ICEAR Arts. 2, 5 CEDAW Art. 2 |
Persistence of colonial policy and practice w.r.t. pre-colonial plants, products & practices.
Access to legal schemes not possible for small stakeholders |
| Right of religion and belief |
UNDRIP Art. 11, 12, 24, 35 UNDROP Art. 8 |
UDHR Art. 18 ICCPR Art. 18 ICERD Art. 5(d)(vii) |
Rastafari (Caribbean), Sadhus (Himalayas), etc. |
Acronyms used
CEDAW Convention on the Elimination of All Forms of Discrimination against Women
IPLC Indigenous Peoples and Local Communities
ICCPR International Covenant on Civil and Political Rights
ICESCR International Covenant on Economic, Social and Cultural Rights
ICERD International Convention on the Elimination of All Forms of Racial Discrimination
UDHR Universal Declaration of Human Rights
UNDRIP United Nations Declaration on the Rights of Indigenous Peoples
UNDROP United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas
–
Although it is not self-evident from its title, the report “” contains critical information about Cannabis and human rights, in particular in the following chapters:
1. Human rights approach: “more than an added value”
2. UN-system human rights due diligence and Cannabis, in practice
- 2.1. Human rights, the environment, and biological diversity
- 2.2. Human rights of indigenous peoples, peasants, and rural communities
- 2.3. INCB and T&CM: an amnesia
- 2.4. Freedom of religion and belief
3. Home cultivation and self-medication
International Plant Law, Intellectual Property Law, and Cannabis
There are numerous treaties forming the environment of international law on plants and/or on intellectual property affecting Cannabis plants and/or human activities. This is sometimes touching on the issue of biopiracy. Not all treaties are administered by WIPO.
Acronyms used
ABS Access & Benefit Sharing
AO Appellation of Origin
CBD Convention on Biological Diversity
DipCon Diplomatic Conference
DSI Digital Sequence Information
FABS Fair Access & Benefit Sharing
FPIC Free Prior Informed Consent
GI Geographical Indications
GR Genetic Resources
GRATK Genetic Resources and Associated Traditional Knowledge
ICCPR International Covenant on Civil and Political Rights
ICESCR International Covenant on Economic, Social and Cultural Rights
ICERD International Convention on the Elimination of All Forms of Racial Discrimination
IGC Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge, and Folklore
IP Intellectual Property
IPLC Indigenous Peoples and Local Communities
ITPGRFA International Treaty on Plant Genetic Resources for Food and Agriculture
NP Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization
TCE Traditional Cultural Expressions (= folklore)
TK Traditional Knowledge
TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights
UDHR Universal Declaration of Human Rights
UNDRIP United Nations Declaration on the Rights of Indigenous Peoples
UNDROP United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas
WIPO World Intellectual Property Organization
Part 2 — Inter-governmental organisations
Sometimes, countries (through treaties) establish “intergovernmental organisations” (IGOs): an entity separate from countries which can handle, with varying degrees of independence from the countries (called “member states” in that context).
These organisations can be sectorial (e.g. the Organisation of the Petroleum Exporting Countries), cultural (e.g. the Commonwealth), regional (e.g. the European Union), or international (e.g. the World Trade Organisation). Among this last type, one particular intergovernmental organisation stands out: the United Nations (UN).
The United Nations Organisation (UN/UNO)
The UN is the largest and most important intergovernmental organisation. It differs from others by its centrality in diplomacy and geopolitics, and it is recognized by all countries as universal. All countries in the world are UN members –except Cook Islands, Niue, Palestine, Vatican, and a total of 17 non-independent countries (“non-self-governing territories”). The Cannabis Embassy is not a UN member state.
The UN was created after WWII to maintain international peace, security, to develop friendly relations between countries, facilitate development and to promote human rights. It has 4 headquarters: Geneva (Switzerland), Nairobi (Kenya), New York (USA), and Vienna (Austria).
Although the UN does not write treaties, it serves as the depositary of almost all of the original texts of IL, making it a kind of guardian of international law.
The UN is organised with a three-fold structure Assembly-Council-Secretariat (a bit similar to Parliament-Government-Administration at the country level). UN’s General Assembly (UNGA) acts as a sort of parliament, with 1 vote for each country member of the UN. The council is divided between the ECOSOC (Economic & Social Council) and Security Council, they take most of the executive decisions in their respective fields (some of which have to be ratified by the Assembly after). The Secretary-General (UNSG) administers the actual UN action, often taken through its numerous agencies; the position is currently held by former Portuguese prime minister António Gutteres (famous for decriminalising in 2001) and a huge team aside him. The Secretary-General is also the depositary of most international treaties, meaning he/she is in charge of registering countries’ adhesions and keeping original archives of every treaty in force. In matters of drug control, the Secretary-General delegates its mandates to the UNODC (see next section).
The Assembly, the 2 Councils, and the Secretariat, are based in New York City.
UN: Drug Control (CND, INCB, UNODC)
When it comes to Cannabis and phytocannabinoids, the UN agency in charge is the Office on Drugs and Crime (UNODC). There are 3 treaties that relate to Cannabis & cannabinoids, which are deposited to the UN Secretary-General, but in practice, the UNODC is acting as the administration and secretariat of these 3 treaties.
In addition, there is an assembly of countries meeting only in relation to these three drug control treaties: the Commission on Narcotic Drugs (CND). It discusses only the topics in relation to these 3 treaties. In practice, they are pre-making the work of the ECOSOC, which then just adopts what the CND has prepared.
Finally, the International Narcotics Control Board (INCB) is a body created directly by the 3 drug control conventions (a “treaty body”), to serve as an exchange platform between countries and a monitoring body: countries must declare their production, export, and import of medical drugs to the INCB, which published it yearly; if countries fail to present accurate data, the INCB can alert other countries. As all treaty bodies, the INCB is independent, has a narrow mandate, and is composed of experts which do not represent the interests of their countries. In comparison, UN agencies like the UNODC are not established and ruled directly by a treaty, they have broader mandates, larger budgets, more capacity for action.
UNODC, CND, and INCB, are all headquartered in Vienna (Austria).
UN Health Agency (the WHO)
Aside from the UN drugs agency (UNODC), drugs-focused commission (CND), and monitoring body (INCB), there is a fourth intergovernmental organisation with a mandate on Cannabis and cannabinoids: the World Health Organisation (WHO). It is also geographically aside, being based in Geneva (Switzerland).
WHO is considered the “specialised agency of the UN” on health matters, nevertheless, it is still more independent from the core UN structure than regular UN agencies such as UNODC. WHO has its own history, its own internal practices, a separate funding, etc., but is still part of the “UN family”.
Like the UN, WHO is organised with a three-fold structure: World Health Assembly, Executive Council, and Executive-Director handling the administration of daily WHO operations. Within these, besides the numerous aid, training, capacity-building, data collection and information programs of WHO, the Department of Essential Medicines receives a special and quintessential role: convening high-level meetings of independent experts (the Expert Committee on Drug Dependence, or ECDD) to evaluate substances and to recommend (or not) on a case-by-case basis if a substance should become controlled under the 3 treaties (which means effectively labelling a substance as either a “narcotic drug” or a “psychotropic substance”).
Notably, in 2017 and 2018 (made public 2019, adopted 2020), after thorough scientific review, the ECDD declared that CBD is neither a narcotic drug nor a psychotropic substance, and should not be controlled under the three treaties. They also recognized the potential of Cannabis as a medicinal plant, and the usefulness of its products for a number of indications, and advocated at the CND for the withdrawal of cannabis and cannabis resin from Schedule IV of the 1961 Single Convention, which was de facto the most significant and positive change in international Cannabis law since 1925.
Other IGOs concerned with Cannabis plants and the people growing/using them
Beyond the 3 drug-control treaties, IL is a vast galaxy with a number of treaties that affect naturally-occurring drugs like Cannabis, and people who consume them for whatever purposes.
There are some treaties directly pointing at the 3 drug control Conventions, for instance the UN Conventions on the Law of the Sea (UNCLOS) or the Convention on the Rights of the Child (CRC).
But there are also treaties not directly linked, but who still apply to Cannabis or other herbal drugs and fungi under control.
Notably, this is the case for trade dispositions, including intellectual property law (on copyrights, trademarks, patents, but also Appellations of Origins…).
The ones that the Cannabis Embassy has been looking at, for their prior engagement with Cannabis or their already-active policy or piece of international law on the matter:
- UNEP, the Environment Program, gaining increasing traction as the realisation of the urgency of the climate and biodiversity crises increases. Hosts the Secretariat to the Convention on Biological Diversity (also abbreviated as “CBD”) which is highly relevant, particularly because of the “Nagoya Protocol”, which can be considered as the key treaty on landraces.
- WIPO (World Intellectual Property Organisation), with new treaties appearing in this area like the May 2024 GRATK treaty on traditional knowledge associated with landraces.
- FAO (UN Food and Agriculture Organisation) has a key relevance and is also depositary to various treaties which harmonise farmers’ rights, protect the environment, and foster sustainable local production practices.
- UNDP, the UN Development Program, like the FAO, has rich experience and has engaged in favour of drug policy reform on several occasions in the past.
- The High Commissioner for Human Rights, the Human Rights Council, and numerous human rights “treaty bodies”.
- ILO (International Labour Organisation), founded in 1920, is the oldest IGO continuously operating. It works in a unique way with ⅓ unions ⅓ bosses and ⅓ governments. ILO is depositary of numerous labour treaties applying to licit Cannabis industries that can help shape a legal market free from the flaws of other globalized commodity trade, such as modern slavery. Also, the ILO Indigenous Peoples Convention.
- UNESCO – UN Education, Science, and Culture Organisation, is a central organisation to international cannabis policy and to the future of cannabis cultures and ecosystems; it has so far opposed engagement with people who use or grow Cannabis and rejected debates around the role of drugs in cultures around the world and across ages.
- UNCTAD – UN Conference on Trade and Development, a kind of UN think-tank that promotes the interests of developing countries in world trade since 1964. See their Hemp report.
This list is obviously not comprehensive.
