Overview of the Narcotic Drugs and Psychotropic Substances Act
- Before the adoption of the NDPS Act, there was no formal regulation of drugs and narcotics in India, hence the regulation was primarily carried out through three acts of the Central Government: the Opium Act, 1857 (XIII), the Opium Act, 1878 (I), and the Dangerous Drugs Act, 1930. (II).
- Cannabis smoking was described and regarded as a form of recreation on par with drinking alcohol throughout the Atharva Veda. Up until 1985, marijuana, hashish, and other cannabis derivatives including bhang were allowed in the nation.
- The UN Single Convention on Narcotic Drugs (1961), UN Convention on Psychotropic Substances (1971), and UN Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), all of which prescribe a variety of measures to achieve the dual goals of restricting the use of narcotics and psychotropic substances for medical and scientific purposes and preventing their abuse.
- The Indian government is a signatory to all three of these conventions. When enacting the NDPS act and Article 47 of its Constitution, India took into consideration its responsibilities under the three UN drug agreements. The Act applies to the entire country of India, all Indian nationals residing abroad, as well as everyone traveling on ships and airplanes with an Indian registry.
- India was one of the first developing nations to create a National Drug Policy (NDP) in order to increase access to medications for those with little financial resources, despite the fact that pharmaceutical firms have steadily taken over the market through doctor’s prescriptions. The Indian government passed a drug price control order (DPCO) in 1963 to restrict medicine costs on the market. DPCO had minimal impact, although a lot of pharmaceutical companies left the
nation. As a result, China began to replace India as the country of origin for some medications. - DPCO underwent a significant reorganization in 2013. Due to the fact that there were no new investments made in 2013, DPCO was seen as more favorable to non-controlled products. Initial uses of opium and morphine for medical purposes during the American Civil War resulted in opiate addiction. Veterans of these wars who had taken part developed drug addictions, which resulted in the label “soldier’s illness.” Although hemp (marijuana) cultivation had been completely outlawed in 1937, various nations quickly realized they still needed it during the Second World War for essentials like rope and cordage.
- The Single Convention on Narcotic Drugs was opposed by the Indian government (1961). As a result, the convention agreed that India would have a 25-year grace period during which time it could solely use cannabis for research and medical purposes. India had a duty to cooperate with international delegations because of the politically sensitive nature of the situation. This compelled the Indian government to outlaw the drug’s pervasive use. As a result, the NDPS Act passed on November 14, 1985, effectively ended the use of all narcotic substances in India.
Narcotic Drugs and Psychotropic Substances (NDPS) Act
To combat drug misuse and outlaw its use, distribution, manufacturing, and trade, the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) was enacted in 1985. Narcotic medicines cause drowsiness, whereas psychotropic substances affect the mind and alter it for the better. The NDPS Act was approved by the Indian Parliament on November 14th, 1985. In the practice of medicine, several substances have a position. As a result, the Act contains provisions for the growth of cannabis, poppies, and coca plants as well as the production of psychoactive compounds related to their growth.
Its main goal is to control the production, acquisition, distribution, and transportation of pharmaceuticals that are regarded as narcotics or psychotropics. This law makes it illegal to sell 200 psychoactive medications to walk-in clients. These medications can only be purchased with prescriptions. Since the law’s creation, numerous changes have been made to it. Furthermore, the NDPS does not distinguish between hard-core criminals engaged in this activity and drug consumers and traffickers. Without the approval of the relevant authorities, it is illegal for anybody to manufacture, produce, cultivate, possess, sell, buy, transport, store, or consume any drug or substance that is regarded as a narcotic or psychotropic. Thus, the purpose of this article is to draw attention to the NDPS Act’s requirements.