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Perspective To Alcohol/Drug Menace

An Indian Legislative Perspective To Alcohol/Drug Menace

The problem of drug abuse is not new to the subcontinent of India. Colonized India, witnessed a rampant trade of opioids in old days. The British East India Company used to export opium from Bengal, Malwa, and Benaras region to China back in the 1800s. China put a ban on the export of opium. As a result, the Opium War took place. Fast forward two centuries, and our country is dealing with rampant drug usage. The response to drug abuse in our country flows on various currents of traditional and modern society. There is widespread availability, but also stringent enforcement of anti-drugs policies.

The stand on the laws governing use of substances in any country across the world has been varied. The efforts have been to curb the availability and addictive use of any substance.

The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 – is the solitary and wide ranging legislation which deals with the issue of all drugs including prescription medications in India.

This Act prohibits production, manufacture, possession, sale, purchase, transport, warehousing, use, consumption, import, export or shipment of any narcotic drug or psychotropic substance except for medical and scientific purposes and as per the rules or orders and conditions of license issued.

The amendments were made to the act in 2014, which was to make it easier for medical institutions and hospitals to obtain palliative care opioid medicines more easily. It makes the law uniform in all states and union territories regarding the same, dispensing off the red tape and multitudinous licenses that were required earlier.

The defining feature of the Act is the strong distinction it creates and draws between an addict (user quantity) and a dealer (commercial quantity). The punishments for a person caught with a commercial quantity are severe as laid out more specifically below.

Stringent Provisions of the Act & Criminalization of Drug Laws are-

  • » Mandatory minimum sentence of 10 years imprisonment for certain offenses.
  • »Presumption of guilt and reversal of burden of proof.
  • » Severe restrictions on grant of bail – a person caught with small quantities of narcotic or psychotropic drugs are entitled to bail. Section 37 makes commercial possession a non-bailable offense.
  • » Pre-trial detention of up to 1 year.
  • » No suspension, remission and commutation of sentences.
  • » No release on probation under Probation for offenders Act under which conviction for offenses punishable with less than 3 years, need not be served in Jail.
  • » Enhanced punishment (up to 30 years imprisonment) for repeat offenders.
  • » Compulsory death sentence for subsequent conviction for specific offences, Section 31A NDPS. This is in conflict with Article 21 which vested the right on the court to its discretion and scrutiny before pronouncing the death sentence, hence this benefit was provided.

Unlike other drugs or substances, marijuana doesn’t pose a threat to human life and thus is often regarded as “not harmful” but it is important to understand that addiction is addiction. Increased and prolonged use of marijuana causes the following effects.

Harmful Effects of Marijuana

  • » Short term memory issues
  • » Paranoia
  • » Delayed reflexes
  • » Increased heart rate, therefore increased risk of stroke
  • » Impaired motor skills/ coordination issues
  • » Impaired thinking and reduced ability to learn and perform complex tasks
  • » Dip in IQ by approx. 6-8 points
  • » Gateway to other drugs of higher power
  • » Shrinking of the frontal cortex

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The aforementioned side effects of marijuana can be life-altering for the user as well as those around him. Marijuana is a popular topic of discussion in pop culture and between teenagers, mainly due to its relatively easy to access. Marijuana is known to be a gateway drug to other illicit substances. This happens because while weed tends to give a certain amount of “kick” to the user, there is only a certain level until which the substance can be abused. However, a common thread amongst users is that they seek higher dosages as they are on the path to addiction, therefore they venture into other drugs that give them a greater stimulus. Marijuana is thus the first pit stop on the long road to drug hell.

Unfortunately due to its “ease of access”, marijuana has commonly become a drug that is abused by teenagers, which have detrimental effects. Excessive smoking of weed, especially during developing years hampers the growth of the brain; it leads to the shrinking of the frontal cortex, due to which IQ levels drop and/or comprehension of day to day events lessen.

An addictive disorder to marijuana though medically is said to be rare, but dependence on the drug can cause an obstruction to day to day life, in the sense that an individual will not be able to perform daily tasks without “smoking up”.

Treatment for Marijuana Addiction

In order to not find the need to use marijuana, one has to seek help.

  • There are self-help groups across the world that help the individual get beyond addictions.
  • Residential treatment programs, that is voluntary, preferably one on one, non-medical in nature. The duration of residential treatment is based on the kind of substances and duration of consumption. The treatment is not of the substance used but of the individual who has the addictive personality that has taken the self -destructive turn. The program should have professionals and experiential counselors too as the facilitators of the program.
  • Experiential counselors have gone through the suffering of addiction, taken treatment for it, and gone beyond it and are living a joyful life beyond addiction. They are inspirations to those suffering; giving hopes that if they walk the path they took, they too will reach the stage of not finding the need to use.
  • Holistic therapies using meditation, counseling, and other alternative healing techniques are those that facilitate an inner transformation.
  • Treatment programs that break the associations with fun and frolic and using/drinking are the most essential. Living a life of freedom in a nurturing and conducive environment away from substances. An environment that is loving, accepting, compassionate, treating the person suffering from addiction with dignity is the bedrock of an appropriate therapeutic base.

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