drug consumption and related law

 Drugs Consumption and Related Laws 

A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via inhalation, injection, smoking, ingestion, absorption via a patch on the skin, suppository, or dissolution under the tongue.

There are numerous governmental offices in many countries that deal with the control and oversee of drug manufacture and use, and the implementation of various drug laws. The Single Convention on Narcotic Drugs is a international treaty brought about in 1961 to prohibit the use of narcotics save for those used in medical research and treatment. In 1971, a second treaty the Convention on Psychotropic Substances had to be introduced to deal with newer recreational psychoactive and psychedelic drugs.

As early as 1930 itself, the Dangerous Drugs Act was enacted to control and regulate drugs derived from poppies, hemp, and coca. Through this act, the cultivation, sale, possession, manufacture, and trade of drugs obtained through these products mentioned above was licensed, and unlicensed activities were penalized. The provisions of the Dangerous Drugs Act, 1930 are still relevant in the present context, especially regarding the statutory definition of hemp, coca and opium and their byproducts, and the category of manufactured drugs. The Drugs and Cosmetics Act of 1940. Was also introduced for regulating the medical use of drugs such as cannabis and opium, but nonetheless, the Dangerous Drugs Act stood strong, Post-independence, when the Constitution was adopted, all laws came under the purview of the Constitution and some obstacles were faced by the anti-drugs laws on the grounds that they were against the freedom of trade and occupation of the cultivators. The cases, however, were ineffectual as the Courts took the support of India’s international anti-drugs commitments to justify the restrictions.

India is a signatory to three of United Nation’s drug conventions. The first being the 1961 Single Convention on Narcotic drugs, the second being the 1971 Convention on Psychotropic Substances and the last being the 1988 Convention against Illicit trafficking Narcotic Drugs and Psychotropic substances. The domestic legislation was enacted after almost 25 years of signing the 1961 convention when the grace period for abolishing the non-medical use of drugs expired under the 1961 Convention.

The 1985 Act was passed in a hurry without any discussion, and it replaced the 1930 act of Dangerous Drugs Act, but the Drugs and Cosmetics Act, 1940 remained and still continues to apply. The Act of 1985 has been amended three times in 1989, 2001 and then a couple of years ago in 2014. The amendments will be discussed further. The NDPS Act places a restriction upon cultivation, production, sale, purchase, possession, use, consumption, import, and export of narcotic drugs and psychotropic substances except when they are used for a scientific purpose or medical use.