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On October 6th, US President Joe Biden pardoned people with federal offenses for simple marijuana possession. He also initiated a review of how the drug is classified.
In India, cannabis is still a prohibited substance under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Under the NDPS Act, it is illegal for a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance.
The Narcotics Control Bureau was set up under this act in March 1986. It coordinates with other departments and ministries to fight illicit traffic in drugs and drug abuse.
Psychotropics are chemical substances that act upon the mind and affect the mental state of an individual. Narcotics are substances that cause sleepiness, muscular relaxation and a reduction or elimination of sensitivity.
There are more than 70 substances that are banned under this act. This includes Cannabis, Cocaine, Heroin, Morphine, Methamphetamine, LSD, Opium, MDMA, DMT etc
The 2014 amendment of the Act reduced restrictions on Essential Narcotic Drugs. This includes Morphine, Fentanyl and Methadone. This made it more accessible to use these drugs for pain relief and palliative care.
While all the substances under the NDPS act are banned, punishment for possession, consumption, production, manufacturing and sale or trafficking is based on the quantity and intent.
At present, any person who consumes or possesses a narcotic drug or psychotropic substance can be sentenced to imprisonment and be slapped with a fine
Consumption of drugs like cocaine, morphine and heroin attracts rigorous imprisonment up to one year or fine up to Rs. 20,000 or both. For other drugs, the punishment is imprisonment up to six months or fine up to Rs. 10,000, or both.
For Production, manufacture, possession, sale, trafficking or use of narcotic drugs and psychotropic substances in small quantities, the punishment is rigorous imprisonment up to six months or fine up to Rs.10,000 or both.
If it is more than a small quantity, but less than a commercial quantity, the penalty is rigorous imprisonment up to 10 years and fine up to Rs. 1 lakh.
Those activities involving commercial quantities of drugs attract rigorous imprisonment of 10 to 20 years and fine of Rs.1 lakh to 2 lakh.
The classification of small and commercial quantities is determined by the Centre and differ from drug to drug.
Section 37(1) of NDPS mandates that an accused should not be granted bail unless the court has reasonable grounds to believe that the person is not guilty and that the person is not likely to commit any offence while on bail.
In 2021, the Ministry of Social Justice and Empowerment recommended some amendments to the NDPS act. It wanted the central government to reconsider the punishments for the possession and consumption of small quantities of drugs.
According to their report, titled ‘Magnitude of Substance Use in India’, as of 2019, there were about 6 crore drug users in India. Of them, about 1.7 crore required professional help to reduce their dependence on drugs.
The ministry has also proposed that an “addict” be exempted from imprisonment if they volunteer for treatment at a de-addiction centre. This does not apply to first-time or recreational users. |