Drug prohibition law
Encyclopedia
Drug prohibition law is prohibition-based law
by which government
s prohibit, except under licence, the production, supply, and possession of many, but not all, substances which are recognised as drug
s, and which corresponds to international treaty
commitments in the Single Convention on Narcotic Drugs 1961, the Convention on Psychotropic Substances 1971, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988.
When produced, supplied or possessed under licence, otherwise prohibited drugs are known as controlled drugs. The aforementioned legislation is the cultural institution
and social fact
that de facto divides world drug trade
as illegal vs legal
, according to geopolitical
issues.
The United Nations
has its own drug control programme, as part of the United Nations Office on Drugs and Crime
(UNODC), which was formerly called the United Nations Office for Drug Control and Crime Prevention (ODCCP), and the Commission on Narcotic Drugs
is the central drug policy-making body within the United Nations system.
The International Narcotics Control Board
(INCB) is an independent and quasi-judicial control organ for the implementation of the United Nations drug control conventions.
It is important to note that there are several different sets of "schedules", or lists, of controlled drugs. One is the INCB schedules (four schedules numbered I-IV), while another is the United States' Controlled Substances Act
schedules of controlled substances (five schedules, numbered I-V). Other countries also have different classifications and numbers of lists, such as those of the United Kingdom
and Canada
.
, coca
, and substances derived from these plant
s, are so addictive
or dependence inducing and so dangerous, in terms of potential effects on the health
, morality
and behaviour of users, that they should be rarely, if ever, used.
Psychotropic substances covered by drug control law include psilocybin mushrooms and lysergic acid diethylamide (LSD).
The following treaties are no longer in force, being superseded in 1961 by the Single Convention on Narcotic Drugs
:
Pharmaceutical companies, also known as drug companies, work under drug control licenses.
Hemp
production from cannabis
is an example of an industrial purpose.
and self-medicational use
are not licensed under drug prohibition laws, although other drugs, not covered by such laws, may be legally available for this purpose. Alcohol
and tobacco
are notable examples of legally available recreational drugs. Aspirin
is an example of a drug legally available for self-medicational purposes.
Health, moral, and behavior issues, and legal issues, are associated with alcohol and tobacco use, but these are not addressed through drug prohibition laws.
Addiction to a prohibited drug may not be considered a legitimate reason for using it, even if the drug is obtained from a licensed source, or a substitute may be provided, for example, methadone
instead of heroin. Generally, however, those addicted to prohibited drugs are expected to find other ways of coping with their addictions, or to risk suffering the law enforcement penalties associated with illegal possession.
Although it is directed against illegal recreational drugs, and not against drugs licensed under prohibition laws or against drugs beyond the scope of prohibition laws, the law enforcement is sometimes called the war on drugs
.
, where the principal piece of drug prohibition legislation is the Misuse of Drugs Act 1971
, criticism includes:
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
by which government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
s prohibit, except under licence, the production, supply, and possession of many, but not all, substances which are recognised as drug
Drug
A drug, broadly speaking, is any substance that, when absorbed into the body of a living organism, alters normal bodily function. There is no single, precise definition, as there are different meanings in drug control law, government regulations, medicine, and colloquial usage.In pharmacology, a...
s, and which corresponds to international treaty
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
commitments in the Single Convention on Narcotic Drugs 1961, the Convention on Psychotropic Substances 1971, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988.
When produced, supplied or possessed under licence, otherwise prohibited drugs are known as controlled drugs. The aforementioned legislation is the cultural institution
Institution
An institution is any structure or mechanism of social order and cooperation governing the behavior of a set of individuals within a given human community...
and social fact
Social fact
In sociology, social facts are the values, cultural norms, and social structures external to the individual and capable of exercising a constraint on that individual....
that de facto divides world drug trade
Drug trade
Drug trade may refer to:* Illegal drug trade, the manufacture and sale of illicit psychoactive substances* Pharmaceutical industry, the manufacture and sale of medical treatment chemicals...
as illegal vs legal
Legal drug trade
As with other goods object of commerce, in opposition to smuggling or illegal trade, most psychotropic substances´s commerce is under control and taxation by world governments, regardless of the relative perceived danger of the goods that are object of legislation....
, according to geopolitical
Geopolitics
Geopolitics, from Greek Γη and Πολιτική in broad terms, is a theory that describes the relation between politics and territory whether on local or international scale....
issues.
The United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
has its own drug control programme, as part of the United Nations Office on Drugs and Crime
United Nations Office on Drugs and Crime
The United Nations Office on Drugs and Crime is a United Nations agency that was established in 1997 as the Office for Drug Control and Crime Prevention by combining the United Nations International Drug Control Program and the Crime Prevention and Criminal Justice Division in the United Nations...
(UNODC), which was formerly called the United Nations Office for Drug Control and Crime Prevention (ODCCP), and the Commission on Narcotic Drugs
Commission on Narcotic Drugs
The Commission on Narcotic Drugs is the central drug policy-making body within the United Nations system. Its predecessor, the Advisory Committee on the Traffic in Opium and Other Dangerous Drugs, was established by the first Assembly of the League of Nations on December 15, 1920...
is the central drug policy-making body within the United Nations system.
The International Narcotics Control Board
International Narcotics Control Board
The International Narcotics Control Board is the independent and quasi-judicial control organ for the implementation of the United Nations drug conventions...
(INCB) is an independent and quasi-judicial control organ for the implementation of the United Nations drug control conventions.
It is important to note that there are several different sets of "schedules", or lists, of controlled drugs. One is the INCB schedules (four schedules numbered I-IV), while another is the United States' Controlled Substances Act
Controlled Substances Act
The Controlled Substances Act was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain...
schedules of controlled substances (five schedules, numbered I-V). Other countries also have different classifications and numbers of lists, such as those of the United Kingdom
Controlled Drug
The United Kingdom Misuse of Drugs Act 1971 aimed to control the possession and supply of numerous listed drugs and drug-like substances as a controlled substance. The act allowed and regulated the use of some Controlled Drugs by various classes of persons The United Kingdom Misuse of Drugs Act...
and Canada
Controlled Drugs and Substances Act
The Controlled Drugs and Substances Act is Canada's federal drug control statute. Passed in 1996 by the Chrétien government, it repeals the Narcotic Control Act and Parts III and IV of the Food and Drug Act and establishes eight Schedules of controlled substances and two Classes of precursors...
.
History and founding principles
Drug prohibition law is based on the view that some drugs, notably opium poppyOpium poppy
Opium poppy, Papaver somniferum, is the species of plant from which opium and poppy seeds are extracted. Opium is the source of many opiates, including morphine , thebaine, codeine, papaverine, and noscapine...
, coca
Coca
Coca, Erythroxylum coca, is a plant in the family Erythroxylaceae, native to western South America. The plant plays a significant role in many traditional Andean cultures...
, and substances derived from these plant
Plant
Plants are living organisms belonging to the kingdom Plantae. Precise definitions of the kingdom vary, but as the term is used here, plants include familiar organisms such as trees, flowers, herbs, bushes, grasses, vines, ferns, mosses, and green algae. The group is also called green plants or...
s, are so addictive
Substance dependence
The section about substance dependence in the Diagnostic and Statistical Manual of Mental Disorders does not use the word addiction at all. It explains:...
or dependence inducing and so dangerous, in terms of potential effects on the health
Health
Health is the level of functional or metabolic efficiency of a living being. In humans, it is the general condition of a person's mind, body and spirit, usually meaning to be free from illness, injury or pain...
, morality
Morality
Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...
and behaviour of users, that they should be rarely, if ever, used.
Psychotropic substances covered by drug control law include psilocybin mushrooms and lysergic acid diethylamide (LSD).
The following treaties are no longer in force, being superseded in 1961 by the Single Convention on Narcotic Drugs
Single Convention on Narcotic Drugs
The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research...
:
- International Opium ConventionInternational Opium ConventionThe International Opium Convention, signed at The Hague on January 23, 1912 during the First International Opium Conference, was the first international drug control treaty. It was registered in League of Nations Treaty Series on January 23, 1922...
, signed at The HagueThe HagueThe Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
on 23 January 1912 - Agreement concerning the Manufacture of, Internal Trade in and Use of Prepared OpiumAgreement concerning the Manufacture of, Internal Trade in and Use of Prepared OpiumThe Agreement concerning the Manufacture of, Internal Trade in and Use of Prepared Opium, also known as the Agreement concerning the Suppression of the Manufacture of, Internal Trade in, and Use of, Prepared Opium, was a treaty promulgated in Geneva on 11 February 1925.The Agreement stated that the...
, signed at GenevaGenevaGeneva In the national languages of Switzerland the city is known as Genf , Ginevra and Genevra is the second-most-populous city in Switzerland and is the most populous city of Romandie, the French-speaking part of Switzerland...
on 11 February 1925 - Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic DrugsConvention for Limiting the Manufacture and Regulating the Distribution of Narcotic DrugsThe Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs was a drug control treaty promulgated in Geneva on 13 July 1931 that entered into force on 9 July 1933...
, signed at Geneva on 13 July 1931 - Agreement for the Control of Opium Smoking in the Far EastAgreement for the Control of Opium Smoking in the Far EastThe Agreement for the Control of Opium Smoking in the Far East, also known as the Agreement concerning the Suppression of Opium Smoking, was a treaty concluded in Bangkok on 27 November 1931 and at Lake Success, New York on 11 December 1946....
, signed at BangkokBangkokBangkok is the capital and largest urban area city in Thailand. It is known in Thai as Krung Thep Maha Nakhon or simply Krung Thep , meaning "city of angels." The full name of Bangkok is Krung Thep Mahanakhon Amon Rattanakosin Mahintharayutthaya Mahadilok Phop Noppharat Ratchathani Burirom...
on 27 November 1931
Licensing
Otherwise prohibited drugs may be licensed for medical, research and industrial purposes.Pharmaceutical companies, also known as drug companies, work under drug control licenses.
Hemp
Hemp
Hemp is mostly used as a name for low tetrahydrocannabinol strains of the plant Cannabis sativa, of fiber and/or oilseed varieties. In modern times, hemp has been used for industrial purposes including paper, textiles, biodegradable plastics, construction, health food and fuel with modest...
production from cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
is an example of an industrial purpose.
Recreational and self-medicational drug use
Recreational useRecreational drug use
Recreational drug use is the use of a drug, usually psychoactive, with the intention of creating or enhancing recreational experience. Such use is controversial, however, often being considered to be also drug abuse, and it is often illegal...
and self-medicational use
Self-medication
Self-medication is a term used to describe the use of drugs or other self-soothing forms of behavior to treat untreated and often undiagnosed mental distress, stress and anxiety, including mental illnesses and/or psychological trauma...
are not licensed under drug prohibition laws, although other drugs, not covered by such laws, may be legally available for this purpose. Alcohol
Alcohol
In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
and tobacco
Tobacco
Tobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...
are notable examples of legally available recreational drugs. Aspirin
Aspirin
Aspirin , also known as acetylsalicylic acid , is a salicylate drug, often used as an analgesic to relieve minor aches and pains, as an antipyretic to reduce fever, and as an anti-inflammatory medication. It was discovered by Arthur Eichengrun, a chemist with the German company Bayer...
is an example of a drug legally available for self-medicational purposes.
Health, moral, and behavior issues, and legal issues, are associated with alcohol and tobacco use, but these are not addressed through drug prohibition laws.
Addiction to a prohibited drug may not be considered a legitimate reason for using it, even if the drug is obtained from a licensed source, or a substitute may be provided, for example, methadone
Methadone
Methadone is a synthetic opioid, used medically as an analgesic and a maintenance anti-addictive for use in patients with opioid dependency. It was developed in Germany in 1937...
instead of heroin. Generally, however, those addicted to prohibited drugs are expected to find other ways of coping with their addictions, or to risk suffering the law enforcement penalties associated with illegal possession.
Enforcement
There is an extensive illegal trans-national industry supplying prohibited drugs for recreational use . Thus, while drug prohibition laws remain in force, there is perpetual law enforcement action directed against the illegal industry, which also impacts supply for self-medication.Although it is directed against illegal recreational drugs, and not against drugs licensed under prohibition laws or against drugs beyond the scope of prohibition laws, the law enforcement is sometimes called the war on drugs
War on Drugs
The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
.
Criticism
In the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, where the principal piece of drug prohibition legislation is the Misuse of Drugs Act 1971
Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 is an Act of Parliament which represents UK action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic...
, criticism includes:
- Drug classification: making a hash of it?, Fifth Report of Session 2005–06, House of Commons Science and Technology Committee, which said that the present system of drug classification is based on historical assumptions, not scientific assessment
- Development of a rational scale to assess the harm of drugs of potential misuse, David Nutt, Leslie A. King, William Saulsbury, Colin Blakemore, The LancetThe LancetThe Lancet is a weekly peer-reviewed general medical journal. It is one of the world's best known, oldest, and most respected general medical journals...
, 24 March 2007, said the act is "not fit for purpose" and "the exclusion of alcohol and tobacco from the Misuse of Drugs Act is, from a scientific perspective, arbitrary" - The Drug Equality Alliance (DEA)Drug Equality Alliance (DEA)The ' is a not for profit organisation based in the United Kingdom whose mission statement is:[...] to transform the "War on Some People who use Some Drugs" from its subjective historical and cultural roots into a rational and objective legal regulatory framework that secures equal rights and equal...
argue that the Government is administering the Act arbitrarily, contrary to its purpose, contrary to the original wishes of Parliament and therefore illegally. They are currently assisting and supporting several legal challenges to this alleged maladministration.
List by jurisdiction of principal drug prohibition laws
- AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
: Standard for the Uniform Scheduling of Drugs and PoisonsStandard for the Uniform Scheduling of Drugs and PoisonsThe Standard for the Uniform Scheduling of Medicines and Poisons, abbreviated SUSMP, is a document used in the regulation of drugs and poisons in Australia. It is produced by the National Drugs and Poisons Scheduling Committee , a committee of the Therapeutic Goods Administration... - BelizeBelizeBelize is a constitutional monarchy and the northernmost country in Central America. Belize has a diverse society, comprising many cultures and languages. Even though Kriol and Spanish are spoken among the population, Belize is the only country in Central America where English is the official...
: Misuse of Drugs Act (Belize)Misuse of Drugs Act (Belize)The Misuse of Drugs Act is a national drug control law of Belize that divides drugs into three classes. There does not seem to be any mechanism for adding, removing, or transferring drugs between classes without amending the statute... - CanadaCanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
: Controlled Drugs and Substances ActControlled Drugs and Substances ActThe Controlled Drugs and Substances Act is Canada's federal drug control statute. Passed in 1996 by the Chrétien government, it repeals the Narcotic Control Act and Parts III and IV of the Food and Drug Act and establishes eight Schedules of controlled substances and two Classes of precursors... - EstoniaEstoniaEstonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies...
: Narcotic Drugs and Psychotropic Substances Act (Estonia)Narcotic Drugs and Psychotropic Substances Act (Estonia)Estonia's Narcotic Drugs and Psychotropic Substances Act, passed on June 11, 1997, is a law designed to fulfill that country's treaty obligations under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in... - IndiaIndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
: Narcotic Drugs and Psychotropic Substances Act - NetherlandsNetherlandsThe Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
: Opium LawOpium LawThe Opium Law is the section of the Dutch law which covers nearly all psychotropic drugs. All non-psychotropic, but prescription-only drugs are covered by the Medicine Act.- Origin and history :... - New ZealandNew ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
: Misuse of Drugs Act 1975 - Republic of IrelandRepublic of IrelandIreland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
: Misuse of Drugs Act (Ireland)Misuse of Drugs Act (Ireland)The Misuse of Drugs Act 1977, the Misuse of Drugs Act 1984, and the Criminal Justice Act 2010 are the acts of the Oireachtas regulating drugs in Ireland... - Republic of South Africa: Drugs and Drug Trafficking Act 1992
- SingaporeSingaporeSingapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
: Misuse of Drugs Act (Singapore)Misuse of Drugs Act (Singapore)The Misuse of Drugs Act is a national drug control law classifying substances into three categories, Classes A, B, and C. Section 44 provides that "The Minister may, by an order published in the Gazette" add, remove, or transfer drugs among the classes... - ThailandThailandThailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
: Psychotropic Substances Act (Thailand)Psychotropic Substances Act (Thailand)Thailand's Psychotropic Substances Act is a law designed to regulate certain mind-altering drugs. According to the Office of the Narcotics Control Board, "The Act directly resulted from the Convention on Psychotropic Substances 1971 of which Thailand is a party." The Act divides psychotropic drugs...
and Narcotics Act - United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
: Misuse of Drugs Act 1971Misuse of Drugs Act 1971The Misuse of Drugs Act 1971 is an Act of Parliament which represents UK action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic...
and Drugs Act 2005 - United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
: Controlled Substances ActControlled Substances ActThe Controlled Substances Act was enacted into law by the Congress of the United States as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The CSA is the federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain...
External links
- International Narcotics Control Board
- INCB - Single Convention on Narcotic Drugs, 1961
- INCB "Yellow list" - List of Narcotic Drugs under International Control
- INCB "Green list" - List of Psychotropic Substances under International Control
- Drug Laws - List of laws associated with certain non-prohibited non-prescription drugs