511.4 A 1/1777a
The Secretary of State to
the American Delegation
68
at the Meeting of the Advisory Committee on Traffic in
Opium
Washington
,
May 10,
1923
.
Gentlemen: You have been selected to attend, on
behalf of the United States and in a consultative capacity, a meeting of
the Advisory Committee on Traffic in Opium of the League of Nations to
be held on May 24, 1923, at Geneva, Switzerland. The United States has
been invited to attend these sessions because it is a country which is
vitally interested in the control of narcotic drugs and because it [Page 98] is a party to the Hague Opium
Convention of 1912 which forms the basis of our present international
control of the traffic in opium, coca leaves and their narcotic
derivatives.
There are enclosed (1) a statement of the American position in regard to
narcotic control with a special reference to this Government’s
understanding of the obligations which the Hague Convention imposes upon
the adhering Powers, and (2) a series of Resolutions which it is
suggested should be placed before the Committee as embodying, in
concrete form, the position set forth in the proposed statement.
The United States is quite convinced that the only basis for control of
the traffic in narcotics is by means of international cooperation. The
only instrument at this time common to all the Powers is the Hague Opium
Convention. This Convention was concluded in 1912 and other nations were
invited to adhere thereto by signing a protocol which was opened in 1914
at the Hague. The international upheaval attendant upon the great war
prevented normal procedure in accordance with the Hague Convention, and
in the Treaty of Versailles it was included as one of the agreements of
whose execution the League of Nations was entrusted with the general
supervision. The United States, however, can cooperate only on the basis
of the Hague Convention because it is the only general international
instrument touching the subject to which the United States is party.
The League of Nations invited this Government to participate in the
meetings of the Committee, which had been appointed for the purpose of
advising on the execution of the Convention, and the United States has
decided to have representatives at these Committee meetings in a
consultative capacity because it desires to cooperate to the fullest
extent possible in the execution of the Hague Convention and in efforts
to put a stop to the evils of the traffic in narcotic drugs.
The United States is convinced, however, that in interpreting the Hague
Convention there should be no misunderstanding of its position. For this
reason it cannot be a party to any interpretation of the Hague
Convention which weakens the force of that instrument as a means for
controlling the traffic in narcotic drugs. The statement which you are
to present to the Committee represents, it is felt, the attitude of this
Government, and it is quite certain that American public opinion will be
satisfied with no weaker interpretation of the Hague Convention than is
contained in that statement. Further if the Hague Convention is limited,
or if for any reason it cannot be made an adequate instrument for the
purposes in question, it should be properly supplemented in order to
make it effective.
[Page 99]
In regard to the Resolutions which it is suggested to introduce, if
opportunity is offered to you, this Government is convinced that no
effective cooperation can be expected unless the first two are accepted.
Resolution No. 1 declares the use of raw opium and coca leaves for
non-medical or non-scientific purposes to be illegitimate; Resolution
No. 2 urges those nations in whose territory these drugs are produced to
reduce their production to a point where there is no surplus available
for export for non-medicinal or non-scientific purposes. Resolution No.
3 which urges the adoption of the Hague Convention by nations not now
party thereto, represents action which it is understood has already been
recommended by the Committee. Resolutions Nos. 4 and 5 recommending that
the importation of all narcotic drugs except crude opium and coca leaves
be prohibited, and that the exportation of narcotic drugs be restricted
to nations party to the Hague Convention, represent legislation which is
already in force in the United States. The two latter resolutions
represent, however, the conviction of the American public that the best
method of controlling the traffic in narcotic drugs is to do so by means
of control at the source: that is to say, that control should begin with
the raw product and should be carried on through all the processes of
manufacture so as to prevent illicit or nonmedical use of narcotic
products at any stage of their manufacture.
You should take every occasion to assure the representatives of other
governments that the United States is deeply concerned in the problem of
narcotic control; that we desire to cooperate with other nations in
obtaining adherence to the Hague Opium Convention and urging legislation
to make that instrument effective. As instances of this interest you may
cite the Resolution which was adopted by the Pan American Conference at
the initiative of this Government,69 and you may state that this Government has also been
indefatigable in its efforts to induce opium growing or narcotic
producing states not members of the Hague Convention to join in the work
of narcotic suppression. It would also be proper, in the view of this
Government, to draw attention to our legislation and to Resolutions of
Congress bearing on the subject of the traffic in narcotic drugs.
This Government has not been furnished with a copy of the agenda of the
meeting, but it understands that two subjects of primary importance will
be discussed. One, the question of the legitimate use of opium, and the
other the question of refusing to import narcotics from those countries
which are not party to the Convention and its final protocol of
1914.70 In regard to the first question the attitude [Page 100] of the United States is
unmistakable and is discussed in the statement which you are requested
to present to the Committee. In regard to the second question the United
States is of the opinion that it would be better to obtain the adherence
of producing countries to the Convention than to attempt a boycott. The
principal sources of the opium used by the manufacturers of the United
States are the Balkans and Asia Minor. Political conditions in these
regions are in a state of flux; treaties restoring peace and fixing
territorial boundaries there are not yet determined and the immediate
effect of the adoption of this policy is likely to be very confusing,
without, so far as this Government is able to see, reducing the supply
of raw opium, which, it is believed, should be the ultimate aim of the
Powers adhering to the Convention.
The United States believes that a better method of control is by reducing
the traffic to its lowest terms; and for that reason suggests that all
nations who can do so should absolutely prohibit the importation of
opium or coca leaf products, leaving only the raw drugs as proper
subjects for international commerce. This is the principle laid down in
our own Narcotics Import and Export Act. It is realized of course that
many nations are not in a position, because of the undeveloped state of
their pharmaceutical industries, to adopt this policy. They should,
however, permit importations of this character only upon license and for
medical and scientific purposes. On the export side, nations should
prevent the exportation of any narcotic drug except for medical and
kindred legitimate purposes, and permit it only to those countries that
have effective means for controlling distribution in accordance with the
Hague Convention.
I am [etc.]
[Enclosure 1]
Statement of the Position of the United States
in regard to the Traffic in Narcotic Drugs, To Be Read before
the Advisory Committee of the League of Nations
The United States is of the opinion that there should be complete
acceptance of and compliance with the terms and spirit of the Hague
Opium Convention in dealing with the traffic in narcotic drugs. That
Convention defines raw opium, prepared opium and medicinal opium, as
well as morphine, cocaine and heroin. The Convention further binds
the contracting parties (Chapter I) to control the production and
distribution of raw opium, to limit the number of ports through
which the importation and exportation shall be permitted; to prevent
the exportation of raw opium to countries which shall have limited
the importation thereof, to mark packages containing more than five
kilos of opium and not to permit the importation and exportation
except through duly authorized [Page 101] persons. The Convention binds the contracting
powers (Chapter II) to take measures for the gradual and efficacious
suppression of the manufacture, the internal traffic in and the use
of prepared opium so far as conditions allow and to prohibit the
importation and exportation of prepared opium as soon as possible,
(Chapter III) to limit the manufacture, sale and use of medicinal
opium, cocaine and their alkaloids and derivatives to medical and
legitimate uses only; (Chapter IV) to cooperate with the Chinese
Government to prevent the smuggling of opium, cocaine or their
derivatives, to adopt necessary measures for the restraint and
control of the opium smoking habit in their leased territories,
settlements, and concessions in China and to prohibit the illegal
importation into China of opium and cocaine or their derivatives
through the post. China is bound to enact pharmacy laws regulating
the sale or distribution of opium, cocaine or their derivatives
which the contracting powers will, if acceptable, make applicable to
their nationals residing in China. Finally, (Chapter V) the
contracting powers are bound to examine into the possibility of
enacting laws and regulations making the illegal possession of
opium, cocaine their salts and derivatives liable to penalties; and
to communicate to each other (a) the text of
laws and administrative regulations which concern matters arrived at
by the Convention and (b) statistical
information in respect to that which concerns the traffic in raw
opium, prepared opium, morphine, cocaine and their respective salts
as well as other drugs or their salts or preparations aimed at by
the Convention.
It has seemed necessary to set forth the provisions of the Hague
Convention at some length, in so far as they call for legislation by
the adhering powers, in order to demonstrate how far the United
States has gone in putting the Convention into effect.
Under Chapters I, III and V the United States has legislation which
controls the manufacture, distribution and sale of narcotic drugs
and renders illegal the possession of narcotic drugs by an
unregistered or unlicensed person except upon prescription from a
physician, or other practitioner, written for legitimate medicinal
uses. Raw opium and coca leaves are not produced in the United
States, but there is legislation which prohibits the importation of
all narcotic drugs except such quantities of crude opium or coca
leaves as the Federal Narcotics Control Board shall find necessary.
By regulation, it is provided that only manufacturers actually
engaged in manufacturing may import—and then only through the ports
of New York, Philadelphia, St. Louis, San Francisco, Detroit and
Indianapolis. Exports of narcotic drugs may be made with the
permission of the Federal Narcotic Control Board to a country which
has ratified and become a party to the Hague Opium Convention [Page 102] and its final protocol and
then only when such country has instituted and maintains in
conformity with that convention a system (which the Federal
Narcotics Control Board deems adequate) of permits or licenses for
the control of imports of such narcotic drugs.
Under Chapter II the United States prohibits absolutely the
importation and exportation of prepared opium and by means of
prohibitory taxation makes it impossible to conduct establishments
for the manufacture, sale or use of this type of opium.
Under Chapter IV the United States has a treaty with China,
supplemented by domestic legislation, antedating the Convention,
which prohibits American citizens from importing opium into China or
engaging in the opium traffic in China. Copies of the legislation,
regulations and statistical material available have been transmitted
to the signatory powers through the Netherlands Government, (Chapter
V).
The United States makes this statement in order to demonstrate that
it has endeavored to carry out its obligations under the Hague Opium
Convention.
The United States has no wish to enter into a discussion of the
powers and duties of this Committee, but feels that it is due to
itself and to the Governments here assembled to state clearly what
it understands the Hague Convention to mean. The United States
condemns, and understands the Hague Opium Convention to bind the
contracting powers to suppress, the traffic in and use of prepared
or smoking opium in any form. Further, the United States regards the
manufacture and use of narcotic drugs, i.e., alkaloids or other
narcotic derivatives of opium or coca leaves, for other than
medicinal or scientific purposes as an abusive use under the
Convention. In regard to raw opium, the production, distribution,
importation and exportation of which the Convention binds the
adhering Powers to control, the attitude of the United States, as
shown by its legislation, is that it is a dangerous drug and that
its use for other than strictly medicinal or scientific purposes is
unlawful. The United States feels that the unrestricted production
of raw opium inevitably results in a surplus of the drug over and
above that required for medicinal and scientific purposes, and the
diversion of it or its derivatives—morphine, heroin and codeine—into
illicit channels of international traffic, thereby creating a
problem of universal international concern, and making impossible
the execution of laws adopted by the several Governments under the
terms of the Convention. The United States believes, therefore, that
the unrestricted production of opium should not be permitted, and
that the cultivation of the opium poppy should be limited to a point
where there is no danger that the product will be available for
other than medicinal and scientific purposes.
[Page 103]
The production of coca leaves presents a problem similar to that of
raw opium, and the attitude of the United States in this respect is
the same as that stated in regard to the production of opium.
The United States has made a sincere effort to comply with the terms
of the Hague Opium Convention, and is prepared to consider seriously
any further measures which may be suggested for stricter control of
the traffic in narcotic drugs. It feels, however, that the adoption
of the foregoing principles, and their realization in legislative
measures that will prevent the international traffic in raw opium
and coca leaves, (as well as their derivatives) for non-medicinal or
non-scientific purposes, constitute a minimum of what can be
considered a compliance with the spirit of the Convention. The
United States trusts that the principles set forth above will
commend themselves to the Powers who are parties to the Hague Opium
Convention. The United States suggests therefore, that the Committee
adopt the principles set forth and embody them in its report and
recommendations, as the basis upon which effective international
cooperation can be expected.
[Enclosure 2]
Resolutions To Be Introduced by the United
States
The resolutions proposed by Representative Porter in behalf of the
United States are as follows:
- 1.
- If the purpose of The Hague Opium Convention is to be
achieved according to its spirit and true intent, it must be
recognized that the use of opium products for other than
medicinal and scientific purposes is an abuse and not
legitimate.
- 2.
- In order to prevent the abuse of these products it is
necessary to exercise the control of production of raw opium
in such a manner that there will be no surplus available for
non-medicinal and non-scientific purposes.
- 3.
- The nations which are parties to the Hague Opium
Convention are urged to bend every effort to induce the
nations which are not parties to the Convention, or which
have not yet enacted legislation to put it into effect, to
do so at once.
- 4.
- Those nations which have well developed chemical and
pharmaceutical industries are urged to prohibit the
importation of all narcotic drugs except such quantities of
crude opium and coca leaves as may be necessary to provide
for medicinal and scientific needs.
- 5.
- All nations are urged to prohibit the exportation of
narcotic drugs, including opium in whatever form and coca
leaves and derivatives of these drugs, to those countries
which are not parties to the Hague Opium Convention and
which do not have domestic systems of control—including
import and export certificates.
