RESEARCH ARTICLE SUBMITTED TO

MIT-WPU UNIVERSITY, PUNE

NDPS Seminar Paper

Submitted To: Submitted By:

Adv. Rifa Ma’am

RUCHA BAFNA
1182190023
Fifth Year BBA-LLB (Hons.)
Div: A

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 MEDICAL USE, DECRIMINALIZATION, AND
LEGALIZATION OF NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES: ANALYSIS WITH A FOCUS
ON THE CURRENT STATUS IN INDIA
ABSTRACT

This research paper examines the legal and societal context in India as it relates to the medical
use, decriminalization, and legalization of narcotics and psychotropic substances. A detailed
analysis of the Narcotic Drugs and Psychotropic Substances Act, 1985 is included in the
evaluation of medical use, with a focus on the fine line that separates allowing for valid medical
needs from preventing substance misuse. Decriminalization is examined to clarify the changing
legal landscape and its consequences for those who are battling addiction. Decriminalization is a
key tactic in tackling problems associated with drugs from a public health perspective. The study
also explores the advantages and disadvantages of legalizing certain drugs, taking into account
things like societal effects, economic growth, and regulatory control. The study emphasizes how
difficult it is for decision-makers to balance the competing interests of international obligations,
individual rights, and public health. This research attempts to add to the educated conversation
on drug policy in India by illuminating the historical background, legal frameworks, and current
issues. It also hopes to lay the groundwork for decisions based on evidence in this rapidly
evolving subject.
KEYWORDS

Drug Policy, Drug legislation, Narcotic Drugs, Psychotropic Substances

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 S. CONTENTS PAGE
NO. NO.

1. ABSTRACT 2

KEYWORDS

2. CHAPTER 1: INTRODUCTION 3

3. CHAPTER 2: LEGAL FRAMEWORK IN INDIA 4

2.1. DRUG CLASSIFICATION AND CORRESPONDING

PENALTIES AS PER EXISTING LEGISLATION
5
A. Central Nervous System (CNS) Depressants
5
B. Cannabis
5
C. Inhalants
6
D. Narcotic Analgesics
6
E. Dissociative Anesthetics
6
F. Hallucinogens
6
G. CNS Stimulants
6
2.2. THE PROGRESSION OF DRUG LEGISLATION IN INDIA
7
2.3. INFLUENCES OF INTERNATIONAL OBLIGATIONS AND
8
CONVENTIONS ON THE DRUG POLICY OF INDIA

3
4. CHAPTER 3: MEDICAL USE OF NARCOTIC DRUGS 11

3.1. INVESTIGATION INTO THE MEDICINAL QUALITIES OF 12

SPECIFIC NARCOTICS AND PSYCHOTROPIC SUBSTANCES
12
3.2. EXEMPLARY CASE STUDIES DEMONSTRATING
EFFECTIVE MEDICAL USES

3.3. THE REGULATORY OBSTACLES INVOLVED IN

OBTAINING AND PRESCRIBING THESE SUBSTANCES FOR 14
MEDICAL USE

5. CHAPTER 4: DECRIMINALIZATION OF NARCOTIC DRUGS 16

& PSYCHOTROPIC SUBSTANCES
CHAPTER 5: LEGALIZATION: ADVANTAGES AND
6. 19
DIFFICULTIES

7. CHAPTER 6: CONCLUSION 22

8. BIBLIOGRAPHY 24

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 CHAPTER 1

INTRODUCTION

Globally, there has been a noticeable increase in the discussion of narcotic drug and psychotropic
substance use, decriminalization, and legalization. India is in a unique position to address the
intricate dynamics surrounding these drugs because of its deep cultural and historical ties to
them. A retroactive examination of the historical background is necessary to understand the
nation's historical relationship with these substances.

In response to worldwide pressure, the Narcotic Drugs and Psychotropic chemicals Act of 1985
was passed, which places chemicals in different schedules according to their capacity for abuse
and therapeutic use. The creation, manufacture, possession, sale, purchase, transportation,
warehousing, utilization, consumption, import, export, import into India, export from India, and
transshipment of psychotropic and narcotic drugs are all strictly regulated by law. India has seen
continuous discussions about the appropriateness of fines and the categorization of specific
substances, even with a legal framework in place. One of the key topics of conversation is how
to strike a careful balance between combating substance misuse and guaranteeing that people
have access to medications for actual medical needs1.

In India, decriminalizing some narcotics has become more popular, especially in view of the
socioeconomic fallout from criminalizing people for using drugs for personal purposes. The
possibility of full legalization brings up important issues regarding society standards, individual
liberties, and the government's role in controlling personal decisions 2. In conclusion, a complex
interaction of historical, cultural, legal, and ethical issues is reflected in India's use for medical
purposes, decriminalization, and legalization of narcotic narcotics and psychotropic substances.
By providing a thorough analysis that will guide future policy talks and ensure that drug policies
are in line with the varied needs and ambitions of Indian society, this research paper seeks to add
to the ongoing conversation.
1 Bandameedi, R. and Mohammed, S. (2016) ‘A case study on National List of Essential Medicines(NLEM)in India
and WHO EML 2015-overview’, Pharmaceutical Regulatory Affairs: Open Access, 05(01). doi:10.4172/2167-
7689.1000159.
2 ‘Drug abuse and drug laws’ (1976) PsycEXTRA Dataset [Preprint]. doi:10.1037/e497462006-012.

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 CHAPTER 2

LEGAL FRAMEWORK IN INDIA

The Narcotic Drugs and Psychotropic Substances Act, 1985 is a comprehensive Indian
legislation aimed at managing and overseeing narcotic drugs and psychotropic substances. It
aims to deter misuse and illegal distribution of these substances, provide rehabilitation and
treatment for addicts, and establish efficient collaboration among drug-related authorities 3. The
act defines prohibited substances, psychotropic substances, narcotic drugs, and vital narcotic
drugs, sets severe penalties for offenses, and restricts the sale, distribution, transportation, and
use of these substances. Law enforcement organizations, including the police and Narcotics
Control Bureau, are given the authority to manage drug-related offenses 4. Special courts are
established to hear cases related to the act, considering issues affecting the entire country. The
act emphasizes drug addicts' treatment and rehabilitation, controlling drug trade and usage, and
empowering the federal and state governments to detect, rehabilitate, and reintegrate addicts into
society.

2.1. DRUG CLASSIFICATION AND CORRESPONDING PENALTIES AS PER

EXISTING LEGISLATION

Doctors have long understood that different drugs have varying effects on different persons and
are grouped on the basis of side effects. As a result of it DREs categorize substances into one of
seven groups which are5:-

A. Central Nervous System (CNS) Depressants

Drugs which affect the central nervous system (CNS) depressants work by slowing down brain
activity, which makes them useful in the treatment of a variety of illnesses. Gamma-

3 Gov. National policy on narcotic drugs and psychotropic substances - dor.gov.in. Available at:
https://dor.gov.in/sites/default/files/National%20Policy%20on%20NDPS%20published.pdf (Accessed: 07
December 2023).
4 ‘Use of scheduled substances in the illicit manufacture of Narcotic Drugs and Psychotropic Substances’ (2021)
Precursors and Chemicals Frequently Used in the Illicit Manufacture of Narcotic Drugs and Psychotropic
Substances, pp. 96–99. doi:10.18356/9789210056762c014.
5 IACP (no date) 7 drug categories, International Association of Chiefs of Police. Available at:
https://www.theiacp.org/7-drug-categories#:~:text=The%20DRE%20categorization%20process%20is,analgesics
%2C%20inhalants%2C%20and%20cannabis . (Accessed: 08 December 2023).

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aminobutyric acid (GABA) is a neurotransmitter that these medications influence. This results in
side effects such relaxation, drowsiness, and impaired inhibition. Many disorders, such as
insomnia, anxiety, panic attacks, stress, sleep disturbances, pain, and seizures, are treated using
central nervous system depressants. CNS depressants come in three main categories: sedatives,
hypnotics, and tranquilizers. CNS depressant drugs include the following: Alcohol,
Benzodiazepines, Barbiturates and many sleeping pills etc.

B. Cannabis

Cannabis is also known as marijuana which is made up of dried flower of cannabis plant, it is
generally used for relaxing and calming effects and can also be analyzed as pain cuter 6.
C. Inhalants

There is a wide variety of industrial and household chemicals that, when concentrated and
inhaled through the mouth or nose, can cause intoxication in ways not intended by the
manufacturer.

D. Narcotic Analgesics

A group of drugs aimed to treat serious chronic pains, Whosoever use this drug experiences
mood swings and pain relief its examples are morphine, methadone, heroin, opium, codeine,
demerol, darvon, Vicodin, and oxycontin7

E. Dissociative Anesthetics

Drugs that block or dissociate the brain's perception of pain are known as dissociative
anesthetics. Dissociative anesthetics include dextromethorphan, PCP, and its analogues.

F. Hallucinogens

When using hallucinogens, the user sees things differently than they truly are. LSD, peyote,
psilocybin, and MDMA (Ecstasy) are a few examples.

6 NIDA (2021) Is marijuana safe and effective as medicine?, National Institutes of Health. Available at:
https://nida.nih.gov/publications/research-reports/marijuana/marijuana-safe-effective-medicine (Accessed: 08
December 2023).
7 Cohen, B., Ruth, L.J. and Preuss, C.V. (2023) Opioid analgesics - statpearls - NCBI bookshelf, Opioid Analgesics.
Available at: https://www.ncbi.nlm.nih.gov/books/NBK459161/ (Accessed: 07 December 2023).

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G. CNS Stimulants

CNS stimulants cause the body to "speed up," or overstimulate, by increasing blood pressure,
heart rate, and other physiological parameters. Methamphetamine ("crank"), amphetamines,
cocaine, and "crack" cocaine are a few examples of CNS stimulants.

These are the few classifications of Drugs are used in a wide range of fields, but they can also be
used illegally by being produced and sold, consumed without authorization, or used in other
ways. Since drugs have advantages and disadvantages, one of the main drawbacks is their
unethical use, which is covered by law. It goes without saying that if there is a crime, there will
be a specific punishment. And the different crimes and their penalties are mentioned below 8:-

1) Possession of Drugs (Sec. 27 of NDPS Act)

a. If the drug is in small quantity, then 6 months of rigorous imprisonment and fine up to
10,000 or some time both.

b. If the drug is in intermediate quantity then 10 to 20 years of rigorous imprisonment and

fine up to 1,00,000 to 2,00,000.

c. if the drug is in large quantities then not less than 10 and in between 20 years of rigorous
imprisonment and fine up to 1,00,000 to 2,00,0009.

2) Sale, Purchase, or Manufacture (Sec. 18 of NDPS)

a. Small-scale sales, purchases, or manufacturing are punishable by a maximum of

10 years in prison. Or otherwise a fine of up to one 100,000 rupees, or both.

b. If the sale, purchase, or manufacturing are on commercial level then in that case
the person is punishable for 10 years or 1,00,000 fine or both10.

8 CDSCO (2022) All you need to know about drug regulatory framework in India and the process of drug approval,
Moneycontrol. Available at: https://www.moneycontrol.com/news/trends/health-trends/all-you-need-to-know-about-
drug-regulatory-framework-in-india-and-process-of-drug-approval-8715431.html (Accessed: 08 December 2023).
9 Narcotic-Drugs and Psychotropic Substances Act, 1985, section- 27
10 Narcotic-Drugs and Psychotropic Substances Act, 1985, section- 18
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 3) Financing Illicit Trafficking (Sec. 27A of NDPS)

Punishable by severe prison time for a minimum of 10 years and a maximum of 20 years.
A fine of up to Rs. 1 lakh may also be applied11.

2.2. THE PROGRESSION OF DRUG LEGISLATION IN INDIA

Drug laws in India have undergone a radical change, with significant legislative turning points
and with the help of continuous modifications it makes an assurance that drug related issues are
ever changing matters. The Opium Acts of the 19th century, which aimed to control the growing
and trading of opium under British colonial control, set the stage for the changes that occurred in
1930 with the passing of the Dangerous Drugs Act. This legislation served as a first step toward
a more complete regulatory framework by laying the groundwork for the regulation of
medications deemed harmful. But the most significant change came in 1985 when the Narcotic
Drugs and Psychotropic Substances Act (NDPS Act) was passed. This law superseded previous
legislation and established a thorough framework for the regulation of psychotropic and narcotic
medicines. The NDPS Act sought to regulate both legal and illicit usage of these chemicals in
accordance with international conventions, such as the Single Convention on Narcotic Drugs
(1961) and the Convention on Psychotropic chemicals (1971). It established a precarious balance
between public health concerns and law enforcement interests by enacting stringent controls
while permitting medical and scientific use.12

The NDPS Act was amended after 1985 because there was rapid growth of issues with drug
usage and trafficking, so this act was the key to enhance their mechanism. These changes
demonstrated the legislative commitment to successfully addressing drug-related issues and
showed a growing grasp of their intricacies. In India, ongoing legislative reforms and debates
have reflected prevailing social views. Topics have included harm reduction techniques and the
decriminalization of specific substances.13 India has also actively taken part in international
partnerships to combat transnational drug trafficking in addition to enacting new laws and

11 Narcotic-Drugs and Psychotropic Substances Act 1985, section- 27A

12 Vallath, N. et al. (2017) ‘Civil Society-Driven Drug Policy Reform for Health and Human Welfare—India’,
Journal of Pain and Symptom Management, 53(3), pp. 518–532. doi:10.1016/j.jpainsymman.2016.10.362.

13 Chand, K. (2007) Should drugs be decriminalised? yes, BMJ (Clinical research ed.). Available at:
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2072016/ (Accessed: 08 December 2023).

9
making the situation better as possible. The nation's adherence to international agreements, such
as the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, highlights India's cooperative approach to tackling the global aspects of the illicit
drug trade. Meanwhile, a few Indian states have taken extra steps to deal with certain drug-
related issues, demonstrating a decentralized strategy that supports federal law. These state-level
initiatives cover a wide range of tactics, including awareness campaigns, legal frameworks, and
rehabilitation projects14.

The drug laws in India have developed in a way that is a wide response to the changing nature of
drug-related issues. This includes attempts to settle a balance between public health issues, law
enforcement interests, and international obligations. The necessity of changing laws to address
the intricate and multidimensional nature of drug concerns is highlighted by ongoing discussions
and revisions.

2.3. INFLUENCES OF INTERNATIONAL OBLIGATIONS AND CONVENTIONS ON

THE DRUG POLICY OF INDIA

India is a party to various important international agreements that represent the control and
regulation of narcotic drugs and psychotropic substances, hence these agreements have a
considerable impact as its result can be viewed very clearly on the country's drug policy. These
international commitments have a empactfull influence on how India approaches drug policy 15.
The following are some significant influences:

1. Single Convention on Narcotic Drugs (1961): India is very lean towards controlling the
production, distribution, and cultivation of narcotic drugs for scientific and medical uses as a
pact has been with this United Nations agreement. The goal of the agreement is to keep
pharmaceuticals out of the reach of criminals and to guarantee that they are only available for
ethical medicinal and research purposes. India's drug policy adheres to the convention's

14 Moudgil, P. et al. (2017) ‘Emerging issue of antibiotic resistance from food producing animals in India:
Perspective and legal framework’, Food Reviews International, 34(5), pp. 447–462.
doi:10.1080/87559129.2017.1326934.
15 Thakur, B. and Mittal, N. (2021) Drug policy in India: An analysis: International annals of criminology,
Cambridge Core. Available at: https://www.cambridge.org/core/journals/international-annals-of-criminology/
article/abs/drug-policy-in-india-an-analysis/D6F10D041EBC615778D4ECC067CE69EB (Accessed: 08 December
2023).

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 guiding principles, which place a strong emphasis on the necessity of stringent control
measures.
2. Convention on Psychotropic Substances (1971): The management and control of
psychotropic chemicals is the main objective of these international conventions. India's drug
policy includes provisions to abide by this convention, which tries to guarantee that the use
of psychotropic substances is restricted to uses for scientific and medical purposes. The treaty
directs countries in the management of psychotropic chemicals by classifying them into
several schedules.16
3. UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988):
This pact, which is also referred to as the Vienna Convention, deals with the prevention and
control of drug trafficking and related offenses. India's commitment to fighting illicit
trafficking shapes its drug policy, and the country complies with the convention's rules in
controlling precursor chemicals and bolstering law enforcement.17
4. Mutual legal Assistance Treaties (MLATs): India has signed MLATs with a number of
nations to promote collaboration in the judicial system, particularly with regard to drug-
related offenses. These agreements support global efforts to combat drug-related crimes by
offering a framework for reciprocal assistance in investigations and prosecutions.
5. International Cooperation: India works with other nations and organizations as part of its
involvement in global initiatives to stop drug trafficking and abuse. India is committed to
supporting international efforts to combat the illicit drug trade, including information
sharing, cooperative operations, and the sharing of best practices.
6. Global Drug Policy Debates: India's approach is influenced by international debates and
discussions on drug policy reforms, including decriminalization and harm reduction. The
nation formulates and modifies its own drug policies with the consideration of evolving
views and worldwide trends.

In the realm of drug control, India has attained a significant level of expertise. To the greatest
extent possible, it will lend its technical know-how and offer whatever support that another

16 UN, United Nations, UN treaties, treaties United Nations. Available at:

https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=VI-16&chapter=6 (Accessed: 08
December 2023).
17 Ivan.restrepo INCB, 1988 Convention. Available at: https://www.incb.org/incb/en/precursors/1988-
convention.html (Accessed: 08 December 2023).

11
nation may need. The UNODC and the INCB are two examples of international organizations
that facilitate this kind of bilateral, regional, or global expertise exchange. India is willing to
collaborate with other nations that offer similar aid wherever possible in order to support those
nations who require it.18 The International Narcotics Control Board (INCB) conducted a mission
to India and spoke with all relevant Ministries and Departments dealing with drug control in the
nation as well as NGOs working in the areas of palliative care and addict treatment and
rehabilitation.

CHAPTER 3

MEDICAL USE OF NARCOTIC DRUGS

The Narcotic Drugs and Psychotropic Substances Act, 1985 regulates the medical use of narcotic
drugs in India. It does this by conducting it in a very general and balanced way so that the needs

18National policy on narcotic drugs and psychotropic substances - dor.gov.in. Available at:
https://dor.gov.in/sites/default/files/National%20Policy%20on%20NDPS%20published.pdf (Accessed: 07
December 2023).

12
of ethical medicinal applications are met with the need to avoid abuse. The Act requires a strict
licensing and regulatory framework for the production, distribution, and cultivation of narcotic
medicines for scientific and medical purposes, along with other uses. These drugs can only be
provided by approved medical and scientific facilities, and prescriptions written by licensed
medical professionals such as doctors must follow strict guidelines. Dispensing opioid
medications based on legitimate prescriptions is a critical function of pharmacists. Import/export
operations are strictly regulated, and institutes conducting scientific research must get special
licenses. The Act also places a strong emphasis on reporting and maintaining records, which
guarantees accountability and openness while using narcotics for medicinal reasons. In general,
these rules demonstrate India's adherence to international agreements while providing for the
people's medical requirements in an ethical and legal manner19.

3.1 INVESTIGATION INTO THE MEDICINAL QUALITIES OF SPECIFIC

NARCOTICS AND PSYCHOTROPIC SUBSTANCES

The inspection into the medicinal qualities of narcotics and psychotropic substances engages
scientific research to understand their therapeutic properties and potential medical benefits.
These studies are conducted within the jurisdiction of regulatory controls and ethical
considerations. Key aspects of these studies include research design, regulatory compliance,
identification of medicinal properties, controlled clinical trials, documentation of findings,
potential medical applications, risk-benefit analysis, contribution to medical knowledge,
collaboration with healthcare professionals, and public health considerations. Research design
involves rigorous methodologies, such as experiments, clinical trials, or observational studies, to
evaluate the substances' effects on various medical conditions 20. Researchers must adhere to
ethical standards, obtain informed consent, and ensure participant safety. Clinical trials are often
conducted to assess the efficacy and safety of substances in treating specific medical conditions.
Findings are documented in scientific publications, providing a basis for peer review and
dissemination of knowledge. In conclusion, investigations into the medicinal qualities of
narcotics and psychotropic substances should be conducted ethically, transparently, and with a

19 Pain medications - narcotics: Medlineplus medical encyclopedia MedlinePlus. Available at:

https://medlineplus.gov/ency/article/007489.htm#:~:text=Narcotics%20are%20also%20called%20opioid,and
%20safe%20at%20reducing%20pain . (Accessed: 08 December 2023).
20 WOOD, H.C. (1931) ‘The indispensable uses of narcotics’, Journal of the American Medical Association,
96(14), p. 1140. doi:10.1001/jama.1931.27220400003012.

13
focus on public health and patient well-being. Researchers must adhere to legal and regulatory
frameworks to ensure responsible and controlled exploration of these substances for medicinal
purposes.

3.2 EXEMPLARY CASE STUDIES DEMONSTRATING EFFECTIVE MEDICAL USES

Research and spirited discussion about the possible medical benefits of marijuana and its
constituent parts have been going on for decades. THC alone has been shown to provide medical
advantages in specific combinations. The U.S. The Food and Drug Administration (FDA) has
approved the prescription of THC-based pills, dronabinol (Marinol) and nabilone (Cesamet), to
relieve nausea in cancer patients receiving chemotherapy and to increase appetite in AIDS
patients experiencing wasting syndrome. Moreover, a number of additional cannabis-based drugs
are either undergoing clinical studies or have already received approval. Cannabidiol (CBD) and
THC are two different chemicals found in marijuana that are combined in Nabiximols (Sativex),
a mouth spray that is currently available in the UK, Canada, and other European nations for
treating neuropathic pain and spasms that may accompany multiple sclerosis21.

Additionally, the FDA approved Epidiolex, a liquid medicine based on CBD, to treat Lennox-
Gastaut syndrome and Dravet syndrome, two types of severe pediatric epilepsy. To make sure
patients get the expected benefits, it is given to them in a dependable dose form and via a
repeatable delivery method. The beneficial effects of THC are not present in CBD.

The need to permit the use of psychotropic chemicals and narcotic drugs for "legitimate
purposes" has been mentioned in both the 1971 Convention on Psychotropic chemicals and the
1961 Single Convention on Narcotic Drugs. Additionally, these treaties have stated that "such
substances' availability for medical and scientific purposes should not be unduly restricted."
These drugs and psychoactive compounds are really classified as "controlled" substances.
Provisions concerning their application in medicine and science are included in a number of
these treaties' articles. Furthermore, some narcotics, like heroin, have been used medicinally even
though they are classified as schedule IV substances. The use of heroin in the treatment of opioid

21 NIDA (2021) Is marijuana safe and effective as medicine?, National Institutes of Health. Available at:
https://nida.nih.gov/publications/research-reports/marijuana/marijuana-safe-effective-medicine (Accessed: 08
December 2023).

14
use disorders is one instance of this.The availability and usage of these drugs are nevertheless
restricted and skewed across national borders, even in spite of the legal protections they receive
and the possible role that some narcotics and psychotropic substances may play in the treatment
of specific medical diseases. The following elements have been recognized by the International
Narcotic Control Board (INCB) as the main obstacles to broader access to the prohibited
substance for medical purposes: Concerns about addiction, reluctance to prescribe or stock,
regulatory, attitudinal, knowledge-related, financial, and procurement-related problems;
inadequate training for professionals

The Indian NDPS policy (2012) addressed the usage of opium poppy for both Ayurvedic
pharmaceutical businesses operating in the nation and individuals with opioid use problems, who
are referred to as "addicts." It also recognized the restricted medical application of cannabis in
complementary therapies like homeopathy and Ayurveda. The strategy also stated that opium
poppy cultivation would continue for scientific and medical uses in accordance with actual
needs. Nevertheless, it also stated that because cannabis has a limited history of demonstrated
medical benefits, production may only be done for research purposes, including testing different
strains of the plant. The definition of an "essential narcotic drug" (END) was added in the 2014
amendment to the NDPS Act of 1985. It is defined as "a narcotic drug notified by the Central
Government for medical and scientific use." As a result, methadone was accessible for the
treatment of pain and opioid use disorders. Even while this was a substantial change, the reality
remained that this medication, which is one of the most often used in the world for the treatment
of pain and opioid use problems, was added to the list only a few decades after it had been
approved in other countries. Furthermore, there are still many potential beneficiaries who lack
access to these evidence-based treatments due to the restricted availability and use of these
medications in the nation. During telepsychiatry consultations, the Indian Telepsychiatry
Operational Guidelines 2020 forbid the prescription of psychotherapeutic medications included
in the NDPS Act.

3.3 THE REGULATORY OBSTACLES INVOLVED IN OBTAINING AND

PRESCRIBING THESE SUBSTANCES FOR MEDICAL USE

Although the Indian constitution's Article 47 forbids the use of medicines and alcohol that are
harmful to one's health, it does allow their use for therapeutic purposes. In India, a variety of

15
psychoactive drugs have been used in various therapeutic compositions. This covers
benzodiazepines, alcohol, nicotine, codeine, and opioid analgesics. These are either the main
active ingredient, one of the many active ingredients, or a base in a number of pharmaceutical
formulations that are marketed and used in the nation. Differentiating between a lawful
prescription for a controlled substance and one that might be used illegally is one of the hardest
tasks facing any doctor. Prescribers must be knowledgeable with both the indications and
symptoms of patients abusing controlled substances as well as the signs, symptoms, and
treatment of both acute and chronic pain in order to make the appropriate decisions. Pain
alleviation is a typical cause for seeking medical attention from specialists. Although there are
many different types of painkillers, the FDA has approved opioid analgesics for use in treating
moderate to severe pain. As a result, patients with acute, neurologic, end-of-life, and cancer-
related pain frequently choose them. The recommendation of opioid analgesics for the treatment
of chronic pain is a contentious issue with ambiguous guidelines.

The 1990s saw an increase in the prescription of opioid analgesics as a result of medical
practitioners' ongoing inability to adequately treat severe pain. Regretfully, this resulted in a rise
in drug abuse, drug diversion, opioid use disorder, and overdose. It appears that there is a "catch-
22" where medical professionals either overtreat, potentially leading to harmful effects such
increased opioid analgesic use disorder and overdose, or undertreat, causing unnecessary
suffering. In 2011 saw a surge in the prescription of opioid analgesics. Since then, there has been
a decrease in prescriptions and overdoses; yet, despite this, there are serious worries in the
general public and scientific literature that we are still experiencing an opioid epidemic. The fact
that different people have varying opioid tolerance levels and need varied doses of the drug to
get effective pain relief presents perhaps the largest barrier in providing care for patients in pain.
It is frequently difficult to distinguish between a patient's behavioral, cultural, emotional, and
psychological reactions to pain and a substance use disorder. When prescribing opioid
analgesics, all medical professionals involved in pain management need to be aware of the safety
risks and recommended courses of action. A comprehensive patient assessment, both short- and
long-term treatment planning, careful monitoring, and follow-up are necessary for appropriate
opioid prescribing. In addition to the likelihood of use disorders, diversion, and possibly harmful
behavioral responses to controlled substances (e.g., opioid analgesics differ from

16
pseudoaddiction and physical dependency), all practitioners need to be aware of appropriate
patient assessment and treatment planning.

It is distressing to see how little knowledge there is concerning opioid use disorder among many
professionals. Many people think opioid dependence and opioid use disorder are the same thing,
and many are unaware that it is a disease. Clinicians often mistake a patient with chronic non-use
disorder for someone who is abusing their prescribed opioid due to a lack of clarity in their
understanding. It is frequently difficult to prescribe opioid analgesics appropriately due to a lack
of training or educational deficiencies. Prescribers of restricted medicines should become
knowledgeable about prescribing techniques that minimize or prevent negative outcomes in
order to prevent the misuse of these medications.

CHAPTER 4

DECRIMINALIZATION OF NARCOTIC DRUGS & PSYCHOTROPIC

SUBSTANCES

The term "decriminalization" describes a strategy intended to eliminate criminal penalties for
breaking drug laws, usually pertaining to personal possession. "The process through which an

17
offense is reclassified from criminal to non-criminal through legislative action" is how the INCB
defines decriminalization.22 Even while the behavior is still illegal, there are alternatives to using
the criminal justice system to deal with it. In lieu of a criminal conviction, it refers to the use of
treatment, education, aftercare, rehabilitation, and social reintegration for minor offenses
involving the use of narcotic drugs and psychotropic substances. Regulatory bodies have
demonstrated that decriminalizing small amounts of narcotics for personal use and possession is
compliant with drug control convention regulations. The decriminalization of the use of
psychotropic and narcotic drugs has been proposed as an alternative strategy to support a human
rights-based, well-rounded approach to drug policy.

The NDPS Act forbids the cultivation, manufacturing, possession, sale, purchase, transportation,
warehousing, use, consumption, import or export of any kind of narcotic or psychotropic
substance into or out of India, as well as transshipping of such substances, unless they are needed
for scientific or medical research. This implies that using narcotics and psychotropic substances
recreationally or in the company of someone who has acquired a substance use disorder is illegal
in the nation. According to a clause in the Act, "instead of sentencing him at once to any
imprisonment, he may be released for undertaking medical treatment for detoxification or de-
addiction, with his consent." That being said, using narcotics and psychotropic chemicals is still
illegal in this situation. Therefore, this is not the same as decriminalization as defined by the
INCB. Between the ideas of decriminalization and depenalization, this NDPS Act provision is
situated. In contrast to decriminalization, depenalization refers to "a scenario in which the
conduct in question continues a criminal offence but where there is an amelioration of the use
existing criminal sanctions, which requires no changes to the law23."

As an alternative to criminal prosecution, the depenalization strategy has been defined as the
implementation of tools including conditional sentencing, prosecutorial discretion, and police
diversion strategies. Narcotic or psychotropic substance use in such circumstances is still illegal,
but the offender may be released from criminal culpability only after completing treatment or

22 United Nations. Report of the International Narcotics Control Board for 2021 [Internet]. Vienna: United
Nations, https://www.incb.org/documents/Publications/AnnualReports/AR2021/Annual_Report/
E_INCB_2021_1_eng.pdf (2022, November 7, 2022).
23 Balhara, Y.P., Sarkar, S. and Singh, S. (2022) ‘Medical use, decriminalization, and legalization of Narcotic
Drugs and psychotropic substances—what does it mean and what is its current status in India?’, Indian Journal of
Psychological Medicine, 45(2), pp. 179–184. doi:10.1177/02537176221138496.

18
rehabilitation. As was previously noted, using psychotropic or narcotic medicines for non-
medical or non-scientific purposes is illegal in India. Furthermore, it does not technically fit the
criteria of depenalization because the clause allowing someone to be "released for undergoing
medical treatment for detoxification or de-addiction" is already specified under the NDPS Act. It
does, nevertheless, appear to be consistent with the idea of depenalization. An additional relevant
aspect to consider is that the National Action Plan for Drug Demand Reduction (NAPDDR)
Scheme has measures in place to offer financial support for the establishment and upkeep of de-
addiction facilities in closed environments, such as juvenile homes and prisons.

The current regulatory framework provides options to modify the current procedures in the
backdrop of decriminalizing the use of psychotropic chemicals and narcotic medications. The
NDPS Act contains provisions similar to depanelizing the use of certain substances, as was
previously mentioned. On the other hand, there are reservations regarding the application of this
clause. Although possession of drugs for own use and consumption accounted for about half of
all cases registered under the NDPS Act 1985 in 2020, there is a high percentage of these cases
still pending in the courts (>80% in 2019 and >90% in 2020) 24. These proportions were even
higher in prior years. This undercuts the NDPS Act's current requirement that persons who are
arrested be referred to medical care for "detoxification" or "de-addiction." Concerns are raised by
the low referral rates for "detoxification" or "de-addiction." An examination of the effects of the
NDPS Act in Punjab reveals that, as of 2015, state Special Courts had not sent anyone to "de-
addiction" institutions.

Furthermore, the existing decriminalization regulations fail to take into account the complexity
of various patterns of use of psychotropic and narcotic drug usage. "Detoxification or de-
addiction" programs are designed to support those who have become addicted to substances;
however, they are not appropriate for individuals who use these substances recreationally or in a
non-dependent manner. Within the current legal framework, prompt processing of such instances
in conjunction with a broader range of interventions targeting the use of narcotic medicines and
psychotropic substances can be put into place. Furthermore, it is possible to implement the
depenalization provisions within the current regulatory framework by taking a person-first and
24 ‘Single convention on narcotic drugs, 1961, as amended by the 1972 protocol amending the Single Convention
on Narcotic Drugs, 1961’ (2013) The International Drug Control Conventions, pp. 23–66. doi:10.18356/8701620f-
en.

19
rights-based approach. In addition, it is possible to include recovery-focused interventions,
screening, evaluation, and management procedures within the current criminal justice system and
prisons. The Indian government's current NDPS policy only allows for "de-addiction" in jail
environments. One successful criminal justice tactic has been found to be applying alternatives to
conviction or punishment, such as drug dependence therapy for individuals in need. Furthermore,
it has been documented that treatment—as an alternative to conviction or punishment—
contributes to public health and safety in a comprehensive manner and is covered by the current
international regulatory frameworks25. It is crucial that the effects of these changes are
systematically assessed as and when they are made. It is necessary to update the legal framework
with newer provisions and enhance the application of present ones, given the status of the law
and its application at the moment. From a medical, public health, human rights, and humanitarian
standpoint, this is significant.

CHAPTER 5

LEGALIZATION: ADVANTAGES AND DIFFICULTIES

In the jargon of drug policy, legalization, depenalization, and decriminalization refer to a range
of legislative frameworks that break with the traditional belief that basic drug use and possession
ought to be made illegal. The legalization of controlled narcotic drugs and psychotropic
substances is often linked to their regulation and commercialization for non-medical and non-

25 Morse, S.J. (2001) ‘Drugs, decriminalization of: Cultural concerns’, International Encyclopedia of the Social
& Behavioral Sciences, pp. 3797–3801. doi:10.1016/b0-08-043076-7/04612-x.

20
scientific purposes. This means that there are no legal penalties (criminal, administrative, civil,
or otherwise) for producing, manufacturing, distributing, importing, exporting, or manufacturing
the drug. This is recognized by INCB as a violation of the conventions pertaining to psychotropic
and narcotic medications. Psychotropic and narcotic medicines are both covered by the NDPS
Act. Among other things, the Act's preamble states that it was created "to execute the provisions
of the International Conventions on Narcotic Drugs and Psychotropic Substances." Over time,
the list of psychotropic and narcotic medications covered by the Act is updated. But "bhang" isn't
specifically mentioned in the NDPS act's definition of "cannabis (hemp)." It defines cannabis
plants, ganja, charas, and a combination of ganja and charas, but it leaves out the word "bhang"
from the list of definitions. Additionally, people who hold a national NDPS license "shall be
allowed to produce Bhang from the leaves of the wildly grown cannabis plants only," according
to the policy26.

Although the regulatory bodies state that it is against the established regulatory framework to
legalize the use of psychotropic and narcotic drugs for purposes other than medical and scientific
ones, there are instances where signatory nations have created local regulations that deviate from
these agreements. Many US states, along with Canada and Uruguay, have legalized cannabis use.
As was previously stated, India really excluded cannabis from the NDPS Act's regulatory
structure. However, the legalization of one or more psychotropic and narcotic drugs (i.e., their
use for purposes other than medical and scientific) will necessitate considerable changes to the
NDPS Act as well as a significant shift in national policy. The dearth of information regarding
the effects of the nation's current regulatory frameworks and the lack of a systematic analysis of
the previous provisions' effects—both positive and negative—make it difficult to provide well-
informed, data-driven, and empirically supported responses to inquiries concerning the
legalization of psychotropic and narcotic drugs in the Indian context. The absence of historical
data and proof, however, cannot be used as a justification for skipping or postponing a
consideration of this issue. Although it is valuable, the experience from other nations and regions
about this cannot be immediately applied to the Indian context.

26 Krishna, M. (no date) The economic benefits of legalizing marijuana, Investopedia. Available at:
https://www.investopedia.com/articles/insights/110916/economic-benefits-legalizing-weed.asp (Accessed: 08
December 2023).

21
The legalization of substances, particularly drugs, is a contentious issue with various viewpoints.
Advocates argue it offers benefits like improved regulatory control, economic opportunities,
public health improvements, and a shift in law enforcement focus. Legalization of substances has
a number of benefits, such as the development of strong regulatory frameworks, the emergence
of new sectors, and the possible decline in crime related to the manufacture and sale of illegal
substances. In order to guarantee product safety, lower the risk of contamination, and promote
standardized, quality-controlled products, governments can regulate the manufacture,
distribution, and consumption of goods. Legalization also leads to the development of new
industries, increases tax income, and creates jobs. Additionally, it weakens the connection
between organized crime and the illegal drug trade, changing the market from an unregulated
black market to one that is regulated and well watched. By lowering the health hazards
connected with tainted or adulterated items, access to quality-controlled medications enables
people to seek medical attention without worrying about facing criminal charges. Legalization
also makes harm reduction strategies possible, which lessen the detrimental effects of drug use
on one's health. Examples of these strategies include supervised consumption centers and needle
exchange programs. Last but not least, legalization permits a change in the priorities of law
enforcement, with an emphasis on more serious offenses and improving public safety. The
benefits of legalization are numerous and include topics related to public health, economics,
regulations, and law enforcement. A legalization framework that is well-thought-out and
executed can boost economic growth, improve public health outcomes, increase public safety,
and give governments the tools they need to enact extensive regulations. To maximize the
advantages while minimizing the risks, legalization must be approached with a comprehensive
understanding of potential obstacles and take into account evidence-based tactics.

Legalization of substances like drugs presents numerous challenges, including managing public
health outcomes, addressing exploitation, and establishing effective regulatory frameworks.
Critics argue that normalization may lead to increased abuse, addiction, and health issues,
necessitating comprehensive prevention, education, and treatment strategies. The
commercialization of legalized substances may prioritize profit over public health, raising
concerns about aggressive marketing practices and overconsumption. Social impacts and
normative shifts from legalization introduce complexities, requiring ongoing monitoring and
adaptation of policy measures. Establishing effective regulatory frameworks is crucial for

22
product safety, preventing abuse, and protecting vulnerable populations. Internationally,
legalization decisions may strain relations with countries with differing drug policy views,
necessitating diplomatic efforts. Unintended consequences, such as changes in use patterns and
criminal behavior, require continuous monitoring and adaptability in policy responses.

CHAPTER 6

CONCLUSION

A complex and dynamic environment at the nexus of healthcare, criminal justice, and society
views is shown by an examination of the medical usage, decriminalization, and legalization of
narcotic narcotics and psychotropic substances, with a particular focus on the current situation in
India. With a focus on India specifically, this extensive research article sought to offer a detailed
23
understanding of the historical background, legal structures, and current issues surrounding these
substances.

The Narcotic Drugs and Psychotropic Substances Act, 1985, is a complex legal framework that
reflects India's perspective on the medical use of opioids. This legislation highlights a dual goal,
preventing the misuse of these chemicals and ensuring access to necessary medications for
scientific and medical objectives. It is in line with international conventions. Medical usage
analysis brought to light the vital role that licensing procedures and regulatory frameworks play,
as well as the fine line that must be drawn between allowing proper medical needs and guarding
against misuse. Beyond medicinal applications, the analysis of decriminalization in India showed
a legal environment that represents a cautious but progressive strategy. One important tactic for
tackling drug-related problems from a public health standpoint is decriminalization. Even though
the Narcotic Drugs and Psychotropic Substances Act strictly penalizes violations, it also
acknowledges the value of therapy and rehabilitation for those who are addicted. This dual focus
illustrates a more complex view of substance usage as a health issue rather than just a criminal
offense.

In the arena of drug policy, the investigation of the possible advantages and difficulties linked to
the authorization of psychoactive and narcotic drugs highlighted the difficulties faced by
decision-makers. Proponents contend that benefits of legalization include increased economic
growth, less crime, and regulatory control. The hurdles, however, are extensive and include
hazards associated with greater use, the likelihood of unexpected consequences, societal
ramifications, regulatory challenges, public health concerns, and regulatory challenges. The
analysis underlined the necessity of a methodical, evidence-based strategy that carefully
navigates these obstacles in order to optimize benefits and minimize risks.

India's drug policy is shaped by international commitments and agreements rather than being
created in a vacuum. India's approach to drug control is greatly influenced by the United Nations
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), the
Convention on Psychotropic Substances (1971), and the Single Convention on Narcotic Drugs
(1961). The impact of these international agreements emphasizes how intertwined worldwide
efforts are to regulate and manage psychotropic chemicals and narcotic drugs.

24
This research paper offers a thorough examination of the medical applications, decriminalization,
and legalization of psychotropic and narcotic drugs in India. It makes its way through historical
changes, legal frameworks, and current issues, illuminating the delicate balance needed to
address social attitudes, health concerns, and international duties. India's strategy demonstrates a
careful balance between protecting drug abuse, providing access to necessary prescriptions, and
treating addiction as a medical condition. Decriminalization analysis demonstrates a progressive
move toward a more humane and health-focused approach to drug-related problems. The
complexity surrounding the possible legalization of these drugs, however, emphasizes the
necessity of rigorous legislation that takes a variety of societal, economic, and health concerns
into account. It is critical to acknowledge that drug policy is a dynamic topic as India continues
to struggle with the many issues brought up by psychotropic and narcotic drugs. In order to
adjust and improve policies that achieve a careful balance between public health, individual
rights, and international obligations, policymakers must stay aware of new research, cultural
changes, and global advancements. This study adds to the current conversation in India about
drug policy and offers a basis for well-informed choices that put the welfare of people and
society at large first.

BIBLIOGRAPHY

STATUTES

1. Narcotic Drugs and Psychotropic Substances Act, 1985

2. Drugs Control Act, 1950

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 3. The Drugs and Cosmetics Act, 1940
4. International Narcotics Control Board. (2005). Precursors and chemicals frequently used
in the illicit manufacture of narcotic drugs and psychotropic substances : report of the
International Narcotics Control Board for 2004 on the Implementation of Article 12 of
the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances of 1988. Un.

BOOKS

1. Majumdar, P. K., & Kataria, R. P. (2005). Law Relating to Narcotic Drugs and
Psychotropic Substances in India.
2. Mehanathan, M. C. (2007). Law of Control on Narcotic Drugs and Psychotropic
Substances in India.
3. Marion, N. E. (2018). Drug policy and the criminal justice system. Durham, North
Carolina Carolina Academic Press.

JOURNALS

1. Balhara, Y. P. S., Sarkar, S., & Singh, S. (2023). Medical Use, Decriminalization, and
Legalization of Narcotic Drugs and Psychotropic Substances—What Does It Mean and
What Is Its Current Status in India?. Indian Journal of Psychological Medicine, 45(2),
179-184. Available at https://journals.sagepub.com/doi/full/10.1177/02537176221138496
2. Sahu, P. (2021). Decriminalization and Legalization of Drug Use in India. Jus Corpus LJ,
2, 209. Available at
https://heinonline.org/HOL/LandingPage?handle=hein.journals/juscrp2&div=186&id=&
page=
3. Sharma, S. (2020). Narcotic Drug Trafficking in India and the Procedure to Combat It:
An Analysis. Available at
http://gnanaganga.inflibnet.ac.in/bitstream/123456789/325/1/Sunam%20Sharma.pdf
4. Sharma, S., Kumar, K., & Singh, G. (2017). An overview on narcotic drugs and
psychotropic substances act, 1985. J Forensic Sci Crim Invest, 4, 555644. Available at
https://www.researchgate.net/profile/Shweta-Sharma-131/publication/
322248330_An_Overview_on_Narcotic_Drugs_and_Psychotropic_Substances_Act_198

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 5/links/64801f3bb3dfd73b7769ae75/An-Overview-on-Narcotic-Drugs-and-Psychotropic-
Substances-Act-1985.pdf
5. Singh Balhara, Y. P., & Singh, S. (2020). Provisions for health sector response to
substance use disorders in the Indian policy: A critique of the national policy on narcotic
drugs and psychotropic substances. Journal of Psychoactive Drugs, 52(1), 93-100.
Available at https://www.tandfonline.com/doi/abs/10.1080/02791072.2019.1709000

WEBSITES

1. International Narcotics Control Board expresses concern over the trend to legalize non-
medical use of cannabis, which contravenes the 1961 Single Convention on Narcotic
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substances-in-india/

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