What Every Indian Needs to Know About the Latest Drug Laws?

Introduction

The Narcotic Drugs and Psychotropic Substances Act (NDPS Act) of 1985 and its subsequent amendments, including the NDPS (Amendment) Act of 2021, address the control and regulation of narcotic drugs and psychotropic substances in India. The major differences between the two are primarily related to updates and modifications in response to evolving drug abuse patterns and legal challenges.

Key Distinctions

Quantitative Thresholds and Classification   

*  NDPS Act 1985 : The Act established a framework for controlling narcotic drugs and psychotropic substances, including the categorization of  drugs into various schedules and the establishment of penalties for their manufacture, sale, and use.

*  NDPS (Amendment) Act 2021 : This amendment introduced a significant change in the classification of drugs and the quantitative thresholds for determining the severity of offenses. It revised the thresholds for small, intermediate, and commercial quantities of drugs, which impacts the severity of punishments, and the legal processes involved. This was aimed at addressing issues related to the classification of certain substances and improving the legal clarity.

*  Small quantities are those that do not exceed the threshold specified for each drug.

*  Intermediate quantities are larger than small quantities but do not reach the threshold for commercial quantities

*  Commercial quantities are the largest amounts of drugs and typically involve serious trafficking offenses

Classification of Drugs

The amendment made changes to the schedules of the NDPS Act to include or reclassify substances based on their potential for abuse and therapeutic use. This reclassification helps in aligning Indian law with international standards and addressing emerging drug threats more effectively. The exact thresholds for different drugs can vary, but here are some typical examples of revised quantities under the NDPS (Amendment) Act, 2021 such as

1.Heroin

Heroin, also known as diacetylmorphine, is a highly addictive opioid drug derived from morphine, which comes from the opium poppy plant. It has a powerful impact on the central nervous system and is classified as a Schedule I drug in many countries, meaning it is illegal and has no accepted medical use in most regions.

2.Cocaine

Cocaine is a powerful and highly addictive stimulant drug derived from the coca plant native to South America. It primarily affects the central nervous system and has limited medical uses as a local anesthetic in certain surgeries. However, recreational use is illegal in most countries.

3.Cannabis (Ganja)

Cannabis, commonly known as ganja, marijuana, or weed, is derived from the plant Cannabis sativa or Cannabis indica. It contains psychoactive compounds, primarily tetrahydrocannabinol (THC), which produce a “high.” Cannabis has a variety of recreational, medicinal, and industrial uses, and its legal status varies worldwide.

4.Methamphetamine

Methamphetamine, commonly known as meth, crystal meth, or ice, is a powerful and highly addictive stimulant that affects the central nervous system. It is chemically similar to amphetamine, a drug used in the treatment of attention deficit hyperactivity disorder (ADHD) and narcolepsy, but methamphetamine has a much stronger effect on the brain and body. The NDPS Act is the primary legislation that regulates the manufacture, possession, transport, sale, purchase, and consumption of narcotic drugs and psychotropic substances around India.

Bail Provisions

• Stringent Bail Conditions:

While the NDPS Act 1985 provided for bail conditions based on the quantity of drugs and the nature of the offense, the 2021 amendment introduced stricter bail conditions for certain offenses. Section 37 of the NDPS Act, which deals with bail provisions, was reinforced to ensure that bail is granted only if the court is convinced that the accused is not likely to commit similar offenses or that there is substantial evidence of their innocence.

• Commercial Quantities:

The Amendment introduced more stringent bail provisions for offenses involving commercial quantities of drugs, making it more difficult to obtain bail in such cases.

• Special Consideration:

Emphasized additional considerations such as the risk of tampering with evidence or influencing witnesses.

• Streamlined Procedures:

Aimed to improve the efficiency of the bail process and ensure it aligns with the severity of the offense.

Conclusion

The NDPS Act is a critical tool in India’s fight against drug abuse and trafficking. By raising awareness and understanding its provisions, we can all contribute to a healthier and safer society. For more information or if you have specific questions, please reach out to relevant authorities or legal experts.