drug addiction, criminal justice & human rights

LL.M. Part 1.Roll No. 20.

Criminal Law Group.

• Drug• Narcotics• Psychotropic Substance• Dependence• Addiction• “Crimes” without “Victims”• “Trafficking” in “drugs”• Drug Abuse

Drug has variety of meanings

Weiss man has observed that drug is any substance which by its chemical nature affects the structure or functioning of living organism.

Paul Fuqua :- Any compound that effects the functioning of the organism. Drugs may cause changes in both the bodily process & behavior.

Ordinary sense drug means any substance, other than food. Change the taste of an individual.

Direct or indirect impact upon the overall behavior.

Impact may be physiological or psychological.

• Narcotics can be defined as any of a class of substances.

• Blunt the senses as opium, morphine, heroin, codeine, belladonna etc.

• Produce euphoria, stupor in large quantities.

• If used constant can cause habituation or addiction.

• Used in medicine to relieve pain, cause sedation & induce sleep.

Narcotics can be divided as Narcotic- Analgesic Agonists & Narcotic Antagonists.

Cocaine like Marijuana is classified as Narcotics.

Narcotics means a drug which induces drowsiness, stupor, or insensibility & relieves pain.

Ex. Pethidine, opiate, sleeping pills, painkillers.

Chemical substance that changes brain function & results in alterations in perception, mood or consciousness.

Use for recreation to alter one’s consciousness.

Enthogens for ritual, spiritual or shamanic purposes.

A tool for studying & augmenting the mind.

Some psychotropic substance having medical therapeutic value are prescribed by doctors & health care professionals.

Some psychotropic substances used in the detoxification & rehabilitation programs for psychoactive drug users.

Implies a permanent physiological change causing an individual to persistently crave the consumption of particular dependence.

If drug is withheld the user suffers from chills, pain, restlessness, respiration, twitching of muscles, nausea & diarrhea.

Frequency & intensity depends upon particular drug & subside with time.

Glenn gave the view that substances most frequently associated with dependence are those with pain killing potential.

Social, Psychological, Physical pain. Produces stress, tension or anxiety in the individual.

Paul Fuqua observed that drug dependence is of two types: Physical Dependence & Psychological or Psychic Dependence.

Traditional Medical Usage, addiction refers to a condition brought about by the repeated administration of any drug.

Continuity of such drug is necessary to maintain normal physiological function.

Discontinuance leads to abnormal physical and mental symptoms.

Drug Addiction is defined as…

Chronic, relapsing brain disease. Compulsive drug seeking. Despite harmful consequences. Considered as a brain disease. Leads to harmful, self-destructive behaviors.

Act that is illegal but has no direct victims.

Voluntarily acting & consenting adults.

No harm directly imposed upon another person as a result no victim.

Some of the victimless crimes are:

Prostitution Drug Use Trespassing Traffic Citations Drunkenness Suicide Gambling

Drug trafficking laws penalize the selling, transportation & illegal import of unlawful controlled substances.

Punishment for drug trafficking depends on several factors.

Marijuana, Cocaine, Heroin, Methamphetamines & other illegal drugs are prohibited.

Sentences for drug trafficking can generally range from 3 to 5 years and extend to life imprisonment.

Drug trafficking more serious crime than drug possession.

Applies to prescript drugs also such as pain killers or sleeping pills.

Patterned use of a drug. User consumes the substance in amounts or with methods. Harmful to the user as well as others. Different definitions used in relation to public heath, medical

& criminal justice contexts. Drug most often associated with this term includes:

Alcohol Barbiturates Cannabis Cocaine Opioids Methaqualone Heroin

In 2013, drug use disorders resulted in 127,000 deaths up from 53000 in 1990.

Highest number of deaths were from opioid use 51000.

Cocaine 4300 deaths & amphetamine use disorder resulted in 3800 deaths.

Alcohol use disorder led to 139000 deaths.

Long term of abuse of drugs causes physiological distortion of brain chemistry.

Social isolation.

Thank you