Legal Issues

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Is Drug Use Legal? What are the Laws on Drugs?

● Use of some drugs is legal while others is illegal.

● Legal Drugs: Tobacco, bhang, prescribed medicines, etc.

● Illegal Drugs: Opium/Heroin, Charas/Ganja, LSD, Amphetamines, etc.

● 3 central Acts on drugs and drug use; most relevant to TI is Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985

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What Does NDPS Say?● Gives a list of drugs that are illegal

● Production, sale, possession, consumption, transport, etc., are among the offences

● Punishment includes jail or/and fine; depends on the offence, type and quantity of drug

Example

Possession of up to 5 gms. (small quantity) of heroin is punishable with 6 months imprisonment or/and Rs.10,000 fine. If found with more than 5 gms. but less than 250 gms. of heroin then may be looked upon as drug seller. If found with more than 250 gms. then will be looked upon as drug trafficker; punishment may be up to 20 years. 3

What does NDPS say?

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What if the Drug User is Arrested Under NDPS?

● Immunity from Prosecution: If addict* arrested with small quantity (e.g. up to 5 gms. of heroin or up to 100 gms. of Charas), he/she can avoid prosecution if he/she volunteers for drug dependence treatment at a govt. recognized centre (Section 64A; added in 2001)

● Has to complete treatment; if treatment is left incomplete then sent back to Court

● The drug user may be arrested for any other crimes like theft, robbery, etc.

*Addict : Immunity only applicable to persons who are medically certified as drug dependent.

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Does the Drug User Have Any Rights?

Yes!! A drug user has all the Fundamental

Rights guaranteed by the Constitution of India including Right

to Life and Health

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What are the Rights on Arrest?Rights on arrest and in detention:

Right to know reason for arrest

Right to inform one person – friend; relative of the arrestee

Right to be taken to magistrate within 24 hours

Right to health i.e. right to continue any prescribed medication he/she may be on (such as ART, OST, etc) and right to medical checkup every 48 hours

Right to ask for lawyer – If he/she does not know any lawyers, a lawyer will be appointed to him/her (TI can network with District Legal Services Authority for free legal aid)7

OST and NDPSSection 4 of the NDPS Act: Central Govt. can

take measures with respect to identification, treatment, education, after care, rehabilitation and social re-integration of addicts

Section 71 of the NDPS Act: Gives the Govt. power to establish centers for the purpose outlined in Section 4 AND the power to provide narcotic drugs and psychotropic substances to addicts registered with it

All OST centres established and funded by the Govt. operate under these sections

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SummaryDrugs such as opium/heroin, charas/ganja,

Diazepam, LSD, etc. are illegal

NDPS Act – Possession and consumption are punishable

If arrested under NDPS, can avoid jail/fine by volunteering for treatment (Sections 64 and 64A)

When arrested, right to know reason; inform someone; and ask for lawyer

Right to health even after arrest

Govt.-funded OST centres operate within Section 71 of NDPS

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