Two types of medications, such as narcotic medications and non-narcotic
drugs, can be helpful and prescribed for drug management and treatment. The
former are easily accessible at chemists or drug stores with and without
prescriptions (prescription is required when higher doses are being demanded),
and they are also occasionally given during surgery so that pain after the
surgery can be reduced and the patient does not need to use the norcotics drugs.
The former are used to treat the moderate to severe degree of pain and are taken
on a doctor's prescription along with close monitoring of the drugs, whereas the
latter are easily available at drugstores and pharmacies without a prescription.
As per the World Health Organization[1], "Drug use is responsible for 0.5
million fatalities globally. Overdose is the primary cause of over 30% of these
deaths, which have an opioid connection in excess of 70%." Around 115 000 people
died from opioid overdoses in 2017, and the use of highly potent opioids that
are appearing on the black market for drugs is growing, according to estimates
from the WHO.
We will discuss opioids, also referred to as narcotics, in this article. The
definition of narcotics, a list of narcotic medications, narcotics' effects, and
other relevant information will all be covered in order to better understand
this idea.
List and effect of Narcotics
The list of illegal drugs includes opium, heroin, codeine, oxycodone,
hydrocodone, tramadol, morphine, hydromorphone, fentanyl, and carfentanil.
Effects
- When a patient's pain is more severe, doctors will recommend a stronger
prescription, such as an opioid. Doctors must closely monitor patient
compliance with these painkillers to prevent side effects like constipation,
drowsiness, nausea, and vomiting.
- When these medications are taken with alcohol and other drugs like
antidepressants, sleeping aids, some antibiotics, anxiety medications, etc.,
it can be dangerous.
- Tolerance is the feeling that a person has after taking these
painkillers that they may need to take more of the same drug to get relief
from the pain. On the other hand, when a person takes these drugs for a long
time, their bodies get accustomed to them, and if they stop taking them
suddenly, they may experience side effects like diarrhoea, nausea, vomiting,
muscle pain, anxiety, and irritability. The dependency phase is known as
this.
- Due to their pharmacological effects, breathing issues can happen, and
an overdose can be fatal.
Countries and their laws and regulation of Narcotics
- India
Any narcotic drug or psychotropic substance that is produced, manufactured,
or grown, as well as its possession, sale, purchase, transportation,
storage, use, or consumption, is prohibited under the NDPS Act. The
Narcotics Control Bureau [2]was established as of March 1986 in accordance
with one of the act's provisions.
A fine of Rs 10,000 and/or six months in jail, or both, are possible
penalties for violating Section 27 of the NDPSA [3], which makes using drugs
a criminal offence. The Act has some very strict rules regarding bail.
Bhang, a cannabis product, is permitted in India. Ganja (marijuana) and
charas (hashish), its other forms, are prohibited. Opioids can be purchased
as heroin (brown sugar, smack), opium (doda, phukki, or poppy husk), and
pharmaceutical opioids.
- Laws Regulating narcotics/drugs in India
The Narcotics Drugs and Psychotropic Substance Act (1985)[4]
A violation of the law is defined as "producing, manufacturing, cultivating,
owning, selling, transferring, purchasing, or consuming any Narcotic Drugs and
Psychotropic Substances." The word "narcotic" in the legal sense is very
different from the one used in a medical context, where it refers to a substance
that induces sleep. Legally, a narcotic substance could be cocaine, cannabis, or
an opiate (a true narcotic) (the very antithesis of a narcotic, since it is a
stimulant). Psychotropic substances include psychedelics like LSD,
phencyclidine, amphetamines, barbiturates, methaqualone, benzodiazepines,
mescaline, psilocybin, and designer drugs (MDMA, DMT, etc.).
In the beginning, there were no Special Courts; however, a 1989 amendment
allowed the Government to create Special Courts. The NDPS Act's offences will
all be subject to the jurisdiction of a single judge, who will have the
authority to do so.
The degree of the drug use in the case will determine your punishment. Drug
quantity is divided into two categories by the NDPS Act. Small Quantity and
Commercial Quantity are the two categories. You will receive a lesser punishment
if you possess drugs in small quantities, and a greater punishment if you
possess drugs in commercial quantities. The NDPS Act specifically describes the
quantity of each drug, defining small quantity and commercial quantity.
In the case of State of Uttaranchal v. Rajesh Kumar Gupta (2006[5]), it was
determined that exceptions must be evaluated based on two factors: first,
whether the drugs are used for medicinal purposes, and second, whether they are
subject to the regulatory requirements outlined in Chapters VI and VII of the
Narcotic Drugs and Psychotropic Substances Rules, 1985.[6]
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- United States Of America
The United States has been waging a "War on Drugs" [7]since the 1970s in an
effort to stop the use of illegal drugs by harshly increasing fines,
enforcement, and incarceration for drug offenders.
By designating drug abuse as the "public enemy no. 1" and increasing federal
funding for drug-control organisations and drug-treatment initiatives in June
1971, U.S. President Richard Nixon officially launched the War on Drugs. To
coordinate federal efforts to combat drug abuse, the Bureau of Narcotics and
Dangerous Drugs, the Office of Narcotics Intelligence, and the Office for Drug
Abuse Law Enforcement merged to form the Drug Enforcement Administration in
1973. By designating drug abuse as the "public enemy no. 1" and increasing
federal funding for drug-control organisations and drug-treatment initiatives in
June 1971, U.S. President Richard Nixon officially launched the War on Drugs.
On November 3, 2020, Oregon became the first state in the union to legalise all
drug possession.
Measure 110, a ballot initiative supported in part by Mark Zuckerberg of
Facebook and funded by the Drug Policy Alliance, passed with more than 58% of
the vote. Drug possession for personal use is no longer a crime in Oregon,
including the possession of heroin, cocaine, methamphetamine, and other drugs.
Laws and Regulations regarding Narcotics/Drug in US
Federal Drug Laws[8]
If found guilty of illegally possessing any controlled substance, a person could
receive a year in jail, a minimum fine of $1,000, or both. A minimum fine of
$2,500 and a maximum sentence of 2 years in prison apply to second offences. A
minimum fine of $5,000 and a maximum prison sentence of three years apply to
subsequent convictions.
A prison sentence of up to three years, a fine, or both may be imposed under
special sentencing guidelines for possessing flunitrazepam (Rohypnol, "roofies"
or "roaches").
Regardless of whether criminal charges are brought against the person, civil
penalties of up to $10,000 may also be imposed for possession of controlled
substances. Additionally, those found guilty of possession may be required to
pay fines equal to the reasonable costs of the investigation and legal defence.
Possession with the intent to distribute could result in even harsher
punishments.
Federal law imposes up to a three-year prison sentence and a monetary fine on
those who are found guilty of selling, importing, exporting, or shipping drug
paraphernalia.
Federal benefits, such as student loans, grants, contracts, and licences, may no
longer be available following a conviction for federal drug offences. If you are
convicted of federal drug trafficking, you could lose access to federal benefits
for up to five years on your first offence, ten years on your second, and
permanently on your third. Denial of federal benefits may last up to 1 year for
a first conviction and up to 5 years for subsequent convictions for federal drug
possession convictions.
In Robinson v. California, 370 U.S. 660 (1962)[9], In accordance with a
California law, it is a misdemeanour punishable by imprisonment for anyone to
"be addicted to the use of narcotics." In upholding the petitioner's conviction
under this law, the California courts interpreted the law to make the "status"
of narcotic addiction a criminal offence for which the offender may be
prosecuted "at any time before he reforms," even though he had never used or
possessed any narcotics
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- Mexico
The ongoing asymmetric low-intensity conflict between the Mexican government and
various drug trafficking organisations is known as the "Mexican drug war," and
it is the Mexican front in the U.S. government's global war on drugs. Reduced
drug-related violence was the government's primary goal when the Mexican
military started to intervene in 2006.
The first Mexican drug cartel, the Guadalajara Cartel, an alliance of the
current existing cartels, was led and founded by Miguel ngel F�lix Gallardo,
whose arrest in 1989 marked the beginning of an uptick in violence (which
included the Sinaloa Cartel, the Juarez Cartel, the Tijuana Cartel, and the
Sonora Cartel). Following his arrest, the coalition disintegrated as
high-ranking members started their own cartels and engaged in a turf war for
control of human trafficking routes.
A new law against small-scale drug dealing was passed in Mexico in August 2009.
It decriminalises the possession of small amounts of drugs for personal use,
gives state-level police the power to seize small-scale dealers, and increases
the penalties for street-level drug dealing.
International Aspect on narcotics/drugs
The Single Convention on Narcotic Drugs of 1961 [10](as amended in 1972)[11],
the Convention on Psychotropic Substances of 1971[12], and the United Nations
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
of 1988 [13]are the three main international drug control conventions, and they
are mutually supportive and complementary.
The 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances expands the control regime to precursors and focuses on
creating policies to stop illegal drug trafficking and the associated
money-laundering as well as strengthening the framework of international
cooperation in criminal matters, including extradition and mutual legal
assistance.
The first two treaties have as one of their main goals the codification of
globally applicable control measures to ensure the availability of narcotic
drugs and psychotropic substances for medical and scientific purposes and to
prevent their diversion into illegal channels. They also contain general
guidelines on drug abuse and trafficking in illegal substances..
Drug Abuse Problem: - International Policy[14]
A synopsis of activities taken by the United Nations (UN) and other
international organizations to control drug abuse is presented as is an
international overview of the drug abuse problem and its links to crime.
The most fundamental idea is that society has the right to assess the risk to
itself, and consequently to the individual, associated with the consumption of
particular drugs. This is one of the basic ideas supporting drug control efforts
at the international level. The connection between drugs and crime is analyzed.
Difficulties in identifying classes of drug offenses and offenders, specifically
in the growing number of situations where traffickers are also users, are
discussed.
The following three connections are marked: consumption of illicit drugs in real
life; illegal acts committed to obtain money to buy drugs. The creation of a
growing number of "semi-professional" criminals who traffic in drugs through
contacts with the professional criminal milieu.
The drug control activities of the following un body are summarized: the general
assembly, the economic and social council, the fund for drug abuse control, the
division of narcotics drugs, the international narcotics control board (a treaty
organization ), and specialized un other international organizations, including
the international police organization, the council of Europe, the international
Arab narcotics bureau of the league of Arab states, and the nongovernmental
international council on alcohol and addictions, are listed along with their
drug control initiatives. It is emphasized that there is a need to coordinate
the efforts of the numerous international organizations working in the field of
drug control, and a UN proposal to accomplish this coordination is laid out. (LKM)
Impact of Drugs on International Society.[15]
The negative effects of drug abuse extend beyond the drug users themselves to
include their friends and families, as well as various businesses and government
resources. ONDCP recently reported that in 2002, drug abuse cost the United
States $180.9 billion in economic costs, despite the fact that many of these
effects are indescribable.
The most obvious side effects of drug abuse are sickness, poor health, and
eventually death. These effects are seen in those who abuse drugs. The risk of
contracting diseases transmitted by needles, such as hepatitis and HIV/AIDS,
when using injection drugs, is particularly harmful to an abuser's health.
Over 3.5 million people aged 18 and older admitted to injecting an illicit drug
at some point in their lives in 2004, according to NSDUH data. 498,000 of these
people, or 14%, were under the age of 25. According to the Centres for Disease
Control and Prevention (CDC), 123,235 adults in the United States who were
living with AIDS in 2003 contracted the illness through injecting drugs, and
their chance of survival is lower than that of people who acquire the disease
through any other method.
Legal Aspect
Although drug abuse is now a social problem, its early sociology was heavily
influenced by cultural and religious beliefs. "Nearly all communities, in every
region of the world, had their medicine men, witch doctors... chosen primarily
on the basis of their capacity to interact with the spirits. The medicine men
needed to be able to enter a trance in order to travel to the spirit world, and
they frequently did so with the aid of drugs.
The Indian text known as the Rig Veda also attested to the necessity of using
drugs and/or other addictive substances during religious rituals and in
Christianity, the Bible. In fact, in many parts of the world, "plant drugs that
had originally been used to facilitate access to the spirits came to be
regarded, and later worshipped as spirits, or deities, in their own right."
- The Organizational and Functional Framework as Devised by the League of
Nations for the Purpose of Controlling the Manufacture of, and Trade and
Traffic in, Drugs[16]
The League was given the responsibility of general oversight over the traffic in
opium and other dangerous drugs by the League Covenant's Article 23, Paragraph
(c). According to Article 2 of the Covenant, "the action of the League under the
Covenant shall be effected by means of an Assembly and of a Council, with a
permanent Secretariat." By allowing it to "deal at its meetings with any matter
within the sphere of action of the League or affecting the peace of the world,"
the League Assembly was granted more authority under Article 3, Paragraph 3 of
the Covenant.
The League Council was given permission in Article 4, Paragraph 4 of the
Covenant to "deal at its meetings with any matter within the League's sphere of
action or affecting the peace of the world." It would appear that the Assembly's
and the Council's areas of responsibility under Articles 3 and 4 of the Covenant
are the same, but this is not the case. There was no clear distinction between
the Council's and Assembly's responsibilities.
Consequently, it cannot be said that the Council was solely responsible for
executive duties; rather, these two bodies' duties frequently overlapped. It is
important to keep in mind that "the more notable events in the history of the
League occurred against the backdrop of a vast and complex system of
international cooperation in economic, social, and humanitarian activities,
functioning under the general authority of the Assembly and the Council."
The World Drug Report 2021 aims to increase international cooperation to combat
the effects of the global drug problem on health, governance, and security. It
also focuses particularly on the effects of the COVID-19 pandemic to help Member
States anticipate and address challenges that may arise in the near future.
This map shows the percentage of the population that has a "substance use
disorder." Just over 2% of people worldwide were alcohol or illicit drug
dependent.
Even more people experience it in some nations. More than one in twenty people
(5%) were dependent in the USA and several Eastern European nations. While
alcoholism was much more prevalent in Russia and Eastern Europe, illicit drug
dependence predominated in the United States.
Conclusion
Drugs like heroin and other narcotics can both prolong and shorten life. Only
use narcotics for therapeutic purposes as directed by a doctor. "The addict
doesn't die from addiction. It kills the family, the children, and those who
tried to assist!
India's drug problem is much worse than it first appears to be. Ganja, charas,
and other psychoactive drugs were used for psychotherapy, pain relief, and other
medical purposes in ancient India. Prior to 1985, India didn't have any laws
that made drug possession or use illegal. It is important to note that the NDPS
Act has several provisions that outline harsh penalties.
For instance, Section 37 specifies that more serious offences are not eligible
for the right to bail. As a result of this legislation's stricter enforcement
compared to the Unlawful Activities (Prevention) Act of 1976 (UAPA)[17], courts
tended to be hesitant to grant bail releases to defendants.
Numerous laws are designed to address societal issues, but when they are applied
incorrectly, they can be brutal. The likelihood of draconian legislation
emerging increases as the law becomes more onerous. The NDPS has a chance to be
abused even more because of how strict it is. As a result, it is up to the
courts to make sure that the law doesn't get used as a weapon and that everyone
gets justice.
No one is allowed to possess narcotic drugs or psychotropic substances because
of the strict regulations provided by this act. Ultimately protects public
health by preventing drug abuse by consuming import and export of these drugs.
End-Notes:
- World health Organization
- The Narcotics Control Bureau
- NDPS act (27)
- The Narcotics Drugs and Psychotropic Substance Act (1985) (NDPS)
- State of Uttaranchal v. Rajesh Kumar Gupta CASE NO. Appeal (crl.) 672 of
2006
- War On Drugs
- Federal Drug Laws
- Robinson v. California, 370 U.S. 660 (1962)
- Single Convention on Narcotic Drugs of 1961
- Single Convention on Narcotic Drugs of 1961 10 (as amended in 1972)
- Psychotropic Substances of 1971
- The United Nations Convention against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances of 1988
- ANON "Drug Abuse Problem:- International Policy"
- S.K. Banrejee "Impact of Drugs On international Society
- S.K.Banrjee "The Organizational and Functional Framework as Devised by
the League of Nations for the Purpose of Controlling the Manufacture of, and
Trade and Traffic in, Drugs"
- UPAP Act 1976
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