1. The procurement, import, export, manufacture, extraction, separation, production, possession, acquisition and abuse of narcotic drugs listed in Schedules 1, 2 and 4 and all other activities and acts related to such drugs shall be prohibited. Gupta pointed to a study by the Vidhi Centre for Legal Policy that indicates that most arrests in drug cases in India are for personal use. The study showed that 81,778 people in India were charged under the Narcotic Drugs and Psychopharmacy Act (NDPS) in 2018. Of these, 59% were arrested for possession for personal use. The consumption, sale, and possession of cannabis with THC levels above 0.3% in the United States is illegal under federal law, despite state laws. As a List I drug under the Federal Controlled Substances Act of 1970, cannabis containing more than 0.3% THC (legal term marijuana) is considered “an unaccepted medical use” and has a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. Over the past five decades, the United Nations has also convened two special sessions to discuss global drug problems in 1998 and 2016. During the first session, the United Nations intended to reduce the illicit supply of and demand for narcotic drugs and synthetic drugs by 2008.
However, global drug reports have instead shown an increase in the use of illegal drugs.3,4 An approximate difference in access to narcotics (especially opioid analgesics for painful conditions) between different countries around the world has also become apparent5. Recognizing failures on both fronts – curbing abuses and ensuring access for medical and scientific purposes – the United Nations convened the second special session in 2016. The report acknowledges that Sustainable Development Goal (SDG) 3.5 “complements and reinforces” the United Nations` commitment to tackling the world drug problem.6 In addition, SDG 3.3 also highlighted the importance of addressing substance use to end the HIV and hepatitis epidemics. The decisions of the outcome document are expected to be considered later this year. At first glance, this is an exemplary drug control policy. However, further examination shows that this is not the case. China`s strategy places a strong emphasis on coercive and detention methods that do not take into account the fundamental freedom of those affected by the application of detention rehabilitation. It forces addicts to go through nine mandatory years of forced treatment, which raises the stakes and discourages addicts from opting for treatment. This law was amended in 1964 and only recently in 2008. It deals with “the import, manufacture, distribution and sale of all kinds of medicines (allopathic, Ayurvedic, Unani, Siddha, etc.) and cosmetics”. According to the law, “any patented or proprietary medical preparation must display on the label of the container either the exact formula or a list of ingredients.” The amended law increased the severity of penalties for a variety of crimes, including the sale of counterfeit medicines, counterfeit medicines and cosmetics, dangerous pollution, etc.
As explained above, the NDPS Act grants drug addicts immunity from prosecution and offers them the opportunity to undergo drug control treatment in rehabilitation centers. To examine the impact of the law, the Vidhi Centre for Legal Policy examined several districts of Punjab in its study entitled “From Addict to Convict: How the NDPS Law Works in Punjab”. This state was chosen because of the massive scale of its drug crisis. Their report revealed that between 2013 and 2015, none of the defendants were required by law to visit rehabilitation centers. In recent decades, drug use has become one of the biggest problems facing millions of adolescents and adults. Although there are hundreds of reasons why drugs would be used, we cannot ignore the fact that millions of young people are being wiped out of society as a result of drug trafficking and drug trafficking. Currently, we have two examples in front of us in India, one is the famous case of Bollywood actor Sushant Singh Rajput, in which his girlfriend and actress Rhea Chakraborthy allegedly drugged him, and the second is the case of Shah Rukh Khan`s son, Aryan Khan, in which he is accused of possession, use and distribution of drugs. In the emergence of all these types of events in India, here is an attempt to introduce you to all the laws in India relating to drugs and poisons through this article. I hope this helps you understand the legal and illegal aspects of drug use. The facilities of government-run centres are not sufficient to provide care to those who approach them.
The lack of adequate infrastructure to relieve drug addicts is straining the State`s ability to deal with the drug problem. Therefore, there is an urgent need to allocate more resources to this cause. The Indian government issued the Drug Price Control Ordinance in 1995 to regulate drug prices under section 3 of the Essential Products Act 1955. The order includes, among other things, a list of controlled price drugs, procedures for setting drug prices, methods for implementing government-set prices, penalties for enforcing THE REGULATIONS OF THEDC, and delegated authorities in the NPPA. The Drug Price Control Ordinance 2013 (DCPO) was announced later. Following the 1971 United Nations Convention on Psychotropic Substances, the Ministry of Health and Family Welfare of the Government of India established a committee of experts to examine the issue of drug and alcohol use in India. The committee`s report was presented in 1977 and, after approval by the Planning Commission, the Drug Detoxification Program (DDAP) was introduced in 1985-19867. The main objective of the DDAP was to reduce the demand for drugs. At the same time, India had enacted the Narcotic Drugs and Psychotropic Substances Act (NDPS) in 1985, which was amended three times, most recently in 20147.
The main objective of the NDPS was to “prevent and combat drug abuse and illicit trafficking”, with a clear focus on supply reduction. The Advisory Committee (an advisory committee formed by the NDPS Act), formed in 1988, formulated a nationwide policy to control drug abuse. The committee established a fund, the National Drug Abuse Fund, and involved several other key stakeholders – the Ministry of Health (and Family Welfare) and the Ministry of Social Welfare (currently Social Justice and Empowerment). The Ministry of Health has been entrusted with the prevention and treatment of drug addiction, while the Ministry of Social Welfare has been entrusted with the rehabilitation and social integration of drug addicts.7 The Ministry of Health set up seven treatment centres during the first phase (1988). The objectives of these centres were to treat, create training materials and train medical and paramedical personnel to generate the future workforce needed to deal with the problem of drug addiction. In addition to these centers, a one-time grant was awarded under the DDAP to 122 detoxification centers (DACs) from various psychiatric departments of state medical colleges and district hospitals. The Ministry of Social Welfare has funded several non-governmental organizations (NGOs) across the country to set up counselling and DACs with the aim of raising awareness and rehabilitating treatment at the community level and developing human resources8. The Ministry then identified 10 Regional Resource and Training Centres (RTCS) to oversee, train and provide technical inputs to various other NGOs.8 CrRCCs operate under the direct supervision of the National Institute of Social Defense (NISD). There are also special provisions for drug addicts that are required by the NDPS Act.