Council Decision (EU) 2021/3 of 23 November 2020 on the position to be taken, on behalf of the European Union, at the reconvened sixty-third session of the Commission on Narcotic Drugs, on the scheduling of cannabis and cannabis-related substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971

• CELEX: Decision (EU) 2021/3
• Articles: 4

Article 1

The position to be taken on the Union’s behalf by the Member States at the reconvened sixty-third session of the Commission on Narcotic Drugs (CND), which is scheduled to take place from 2 to 4 December 2020, when that body will be called upon to adopt decisions on the addition of substances to, or their deletion from, the Schedules of the United Nations Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the United Nations Convention on Psychotropic Substances of 1971, shall be in accordance with that set out in the Annex to this Decision.

Article 2

The position referred to in Article 1 shall be expressed by the Member States that are members of the CND, acting jointly in the interest of the Union.

Article 3

This Decision is addressed to the Member States in accordance with the Treaties.

Schedules & Appendices

ANNEX

ANNEX

Position to be taken by the Member States that are members of the Commission on Narcotic Drugs (CND), acting jointly in the interest of the Union, at the reconvened sixty-third session of the CND, which is scheduled to take place from 2 to 4 December 2020:

(1)

cannabis and cannabis resin are to be deleted from Schedule IV of the Convention on Narcotic Drugs  ( 1 ) ;

(2)

dronabinol and its stereoisomers ( delta -9-tetrahydrocannabinol) are to be added to Schedule I of the Convention on Narcotic Drugs and, if that recommendation is adopted, to be deleted from Schedule II of the Convention on Psychotropic Substances;

(3)

tetrahydrocannabinol (isomers of delta -9-tetrahydrocannabinol) is to be added to Schedule I of the Convention on Narcotic Drugs, subject to the CND’s adoption of the recommendation to add dronabinol and its stereoisomers ( delta -9-tetrahydrocannabinol) to Schedule I of the Convention on Narcotic Drugs, and, if that recommendation is adopted, is to be deleted from Schedule I of the Convention on Psychotropic Substances;

(4)

the term ‘extracts and tinctures’ is to be deleted from Schedule I of the Convention on Narcotic Drugs;

(5)

the footnote reading ‘Preparations containing predominantly cannabidiol and not more than 0.2 percent of delta -9-tetrahydrocannabinol are not under international control.’ is not to be added to the entry for cannabis and cannabis resin in Schedule I of the Convention on Narcotic Drugs;

(6)

preparations produced either by chemical synthesis or as preparation of cannabis, that are compounded as pharmaceutical preparations with one or more other ingredients and in such a way that delta -9-tetrahydrocannabinol (dronabinol) cannot be recovered by readily available means or in a yield which would constitute a risk to public health, are not to be added to Schedule III of the Convention on Narcotic Drugs.

In order to ensure coherence of the scheduling and to avoid the risk that a substance is scheduled under the Convention on Narcotic Drugs as well as under the Convention on Psychotropic Substances, the Member States that are members of the CND can accept a joint vote on the recommendations concerned.

( 1 )   They continue to be listed in Schedule I of that Convention.