This article is written by Soumya Joshi of 2nd Semester of BA LLB of RNB Global University.
“Drug abuse is a social evil. It destroys vitals not only of the society but also adversely affects the economic growth of the country….” Y K Sabarwal, Former Chief Justice of India (2006)
ABSTRACT
This article discusses the implications for the criminal justice system of legalizing all drug possession. This article begins with a definition of drugs and a brief history of the modern war on drugs, then explores why drug possession should not be a crime. Discussions about the impact of legalization focus primarily on reducing the number of cases and the resulting benefits. Drug prohibition is responsible for much of the wrongdoing, counting assault, murder and debasement, as people and bunches take and ransack and kill to arrange and purchase drugs, secure and procure drug-selling turf, and settle disputes among drug dealers and their clients.
Keywords: Drugs, legalization of drugs, crime rate, reduction in crime, health consequences, addiction.
INTRODUCTION
Some argue that legalizing drugs will reduce crime, while others think it will only make the problem worse. The argument for legalization is to eradicate drug addiction and the associated violence and criminal behaviour. In addition, fewer people will be imprisoned for drug offences, potentially freeing up resources for other areas of law enforcement. Opponents, however, argue that, like alcohol during Prohibition, legalization will only fuel drug use and increase drug-related crime. After all, the debate over drug legalization and its impact on crime is complex and multifaceted, and the answer is simple. The topic of drug legalization is a social debate that has been going on for decades. Drug use, especially illegal drugs, is a problem that governments around the world struggle to address. The argument for drug legalization is that it will reduce crime, free up the criminal justice system, and generate more tax revenue. Opponents of drug legalization argue that legalizing drugs will only increase use, addiction, and general social harm. Despite differing opinions, drug legalization remains a controversial issue and a major challenge for policymakers today. Drugs continue to be one of the greatest problems for public health. Although the consumption of some substances has declined over time, new drugs have entered the market and become popular.
DEFINING DRUGS
A drug is any substance other than food and water that affects the body when ingested. They can be natural or synthetic, ranging from prescription drugs to marijuana and heroin. These substances can alter a person’s mood, cognition, and behaviour. Some drugs are medicinal and some are recreational. However, taking certain medications can lead to addiction and adverse side effects. Given the potential risks associated with pharmaceuticals, laws and regulations governing their distribution and use have been enacted.
DISCUSSING THE LEGALITY OF DRUGS
The legality of drugs has been the subject of much debate for decades. Some argue that drugs should be illegal because of their potential harm and negative impact on society, while others argue that the criminalization of drugs will only exacerbate the problem and lead to an increase in crime and violence. some people do. Proponents of legalization argue that regulating the manufacture and distribution of narcotics could reduce crime by excluding the black market and users of safe controlled substances. Opponents, however, argue that legalizing drugs will only lead to higher rates of drug use and social harm and that criminalizing drug use is necessary to discourage individuals from using drugs. Ultimately, drug legality remains a complex issue that requires careful consideration and informed decisions.
ARGUMENTS FOR LEGALIZATION
Proponents of legalization argue that criminalizing drugs has not reduced drug use or drug-related crime. They believe that drugs, like alcohol and tobacco, should be regulated by the state to reduce the harm caused by unregulated drug trafficking. Legalization could also free up valuable resources currently devoted to prosecuting drug-related crimes, allowing law enforcement to focus on more serious crimes. Supporters of legalization also believe that legalization will eliminate the black market, ensure drug quality and safety, and reduce the violence associated with drug trafficking. They also argue that legalizing drugs could generate tax revenue for the government and create jobs in the legal drug industry. Overall, supporters of legalization believe it can lead to healthier and safer societies. Medical benefits: Many drugs have been found to have medicinal value, especially in treating disease and relieving pain. For example, marijuana has been shown to reduce symptoms of multiple cancers, epilepsy, and certain types of cancer. Morphine and other opioids are commonly used in hospitals to treat pain. The psychedelic drug LSD is being studied for its potential in treating depression, anxiety, and addiction. Additionally, drugs such as MDMA and psilocybin have shown promising results in the treatment of post-traumatic stress disorder (PTSD) and depression. While these medical benefits support the legalization of specific medicines, it is important to carefully consider the potential consequences and risks of broader legalization.
This may lead to advances in our understanding of drug behaviour in different contexts. In addition, regulations and quality controls in place have enabled researchers to study the effects of various drugs more safely and effectively without harming participants. Legalization may also lead to the development of alternative non-aggressive forms of pain management and management of various symptoms. However, it is important to note that any increase in research must be conducted responsibly with public health and safety as the ultimate goal.
Social benefits: Drug legalization has potential social benefits. Decriminalizing drug use frees law enforcement to redirect resources to addiction treatment and harm reduction services. This change could ultimately lead to a reduction in drug-related health problems and the prevalence of diseases such as HIV/AIDS. In addition, drug-related crime could decline as drug dealers and users are de-criminalized, freeing up resources for other pressing social issues. Doing it legally also eliminates the need for the black market and reduces the violence associated with drug trafficking and distribution. Opponents, however, argue that legalization could lead to an increase in drug use and addiction that outweighs potential social problems.
POTENTIAL FOR DECREASED CRIME RATE
The potential for lower crime rates is a major issue in the drug legalization debate. Proponents argue that if drugs were legal and regulated, drug-related crimes, such as drug possession, would drop significantly. They point to places like Portugal, where drug possession has been criminalized and crime rates have fallen. Some argue that legalizing drugs would reduce the underground drug market that fuels organized crime and violence. Opponents of drug legalization, however, argue that it will lead to increased drug use and, in turn, drug-related crime. It also argues that drug legalization does not address the root causes of drug addiction and instead sends the wrong signal to society about drugs. The potential for lower crime rates remains a complex issue given the over-legalization of drugs.
The potential to reduce drug-related violence is a common argument in favour of drug legalization. Proponents of drug legalization say drug-related crimes, such as theft and violent crimes, would decline if drugs were legalized and regulated by the government. When drugs are available through regulated channels, drug users no longer have to resort to illicit means to obtain drugs, reducing the demand for drug-related crime. Moreover, cracking down on drug-related crime consumes valuable resources that could be diverted to other areas such as education and rehabilitation programs for drug users. Opponents, however, argue that the evidence for a decline in drug-related crime is mixed, and that legalization could lead to an increase in drug-related and related crimes.
ECONOMIC BENEFIT
Drug legalization has the potential to bring enormous economic benefits. Drug legalization would allow governments to regulate and tax the sale of drugs, which could bring significant revenues to the country. Additionally, the government saves prosecution, imprisonment, and other related costs associated with drug-related crimes. Drug legalization will also create jobs and boost the economy as new drugs emerge to meet the growing demand for drugs. Moreover, selling legal drugs eliminates the harmful illegal drug market and reduces the flow of money to criminal organizations. Ultimately, the economic benefits of drug legalization can be substantial, as it minimizes the harm caused by illegal drug trafficking while providing a reliable source of income for governments.
POTENTIAL FOR INCREASED REVENUE FOR TAXATION
Drug legalization has the potential to generate large amounts of tax revenue. Governments now spend billions of dollars each year on drug law enforcement, incarcerating criminals, and funding drug prevention and treatment programs. By introducing and taxing drugs, governments not only saved enforcement costs but also generated income through tax revenues. For example, Colorado, which legalized recreational cannabis in 2012, generated more than $266 in tax revenue in 2018 alone. In addition, drug legalization could spawn new industries such as marijuana dispensaries and manufacturers, creating new jobs and further contributing to the economy. The potential for increased revenue is a key factor behind the over-legalization of drugs, but it must be weighed against social and medical costs.
POTENTIAL FOR DECREASED EXPENDITURE ON PRISON AND LAW ENFORCEMENT
Legalizing drugs could reduce prison and law enforcement spending. Drug offences now make up a significant percentage of people incarcerated in prisons, resulting in a heavy burden for taxpayers. Legalization would not only reduce the number of people sent to prison for drug offences, but it would also reduce the resources law enforcement would need to arrest and prosecute them. This could lead to huge savings for governments, allowing them to redirect that money to other areas such as education and health care. However, it should be noted that drug legalization may also introduce new regulatory costs and potential societal harms, which must be evaluated before making any decision.
COUNTERARGUMENTS
Arguments against drug legalization often point to the possible negative consequences of such a move. Some argue that drug legalization could lead to increased drug use and, in turn, increased crime and other negative social consequences. Some argue that drug legalization could send a message that drug use is acceptable, further accelerating the opioid epidemic. There are also concerns about the impact of drug legalization on vulnerable groups such as children and the mentally ill. These suggest that drug legalization may not be the most effective solution for reducing crime and drug use in society.
NEGATIVE HEALTH-SEQUENCES
Drug legalization has a full range of adverse health effects, especially when it comes to addiction. Legal or illegal drug use often leads to psychological dependence that is difficult to overcome. Long-term drug use can also cause various health problems, such as heart, liver, and kidney damage, respiratory disease, and mental disorders. In addition, the legalization of drugs could increase the number of people who use them, increasing the number of people who face drug-related health problems. Proponents of drug legalization argue that regulation will prevent the sale of contaminated and dangerous drugs, but ignore the potential adverse health effects of drug use.
POTENTIAL FOR NEGATIVE HEALTH CONSEQUENCES OF DRUG USE
Drug use can have serious adverse effects on a person’s health. Substance abuse can lead to addiction, overdose, and increased risk of blood-borne diseases and needle contamination. Chronic substance abuse can damage vital organs such as the liver, heart, and brain, resulting in physical or cognitive impairment. Additionally, certain drugs such as methamphetamine and cocaine can cause psychotic episodes, and long-term marijuana use causes respiratory illness. Even prescription drugs can be dangerous if taken improperly and can lead to unintentional overdose and addiction. Potential adverse health effects, therefore, need to be carefully considered and addressed in light of pharmaceutical legalization.
IMPACT ON MENTAL HEALTH
Drug legalization can have a significant impact on mental health. Many drugs, especially those currently illegal, can permanently damage the mental health of the brain. In addition, drug legalization may make drugs more accessible to vulnerable people who may be suffering from mental illness or other problems. This can exacerbate existing mental health problems and lead to increased rates of substance abuse and addiction. Some argue that regulation could reduce the prevalence of dangerous drugs and lead to safer alternatives. Ultimately, the mental health implications of drug legalization are complex and multifaceted and require careful consideration.
ADDICTION
Addiction is a complex phenomenon with both physical and psychological causes. Depending on the substance, people may experience intense cravings and withdrawal symptoms when they stop using it. This can lead to serious health problems, social isolation and financial hardship. Drug addiction is a major problem in a country where thousands of people die each year from drug overdoses. The legalization of drugs may exacerbate the problem of addiction as people will have easier access to these drugs. But some argue that legalization could lead to greater regulation and control of substances, ultimately lowering addiction rates. The question of whether drugs should be legalized is therefore complex with many factors to consider.
INCREASED ADDICTION RATE
Some people are concerned that legalizing drugs may lead to increased addiction rates. They argue that if drugs were more easily accessible, individuals who are vulnerable to addiction are more likely to experiment and develop problematic habits. Furthermore, legalization may reduce the perceived risk of drug use, making it seem more mainstream. The fear is that more people will start using drugs and that those who do use will do so more frequently, ultimately leading to more addiction and related problems. However, others argue that legalization could help reduce addiction rates as a safer, regulated alternative by promoting education and awareness around responsible drug use. The debate around the potential impact of legalization on addiction rates is complex and ongoing.
INCREASED ACCESSIBILITY
There is no doubt that drug legalization will improve access to drugs for young people and other vulnerable populations. Substance abuse is already a significant problem in many communities. Making medicines more readily available will only make this problem worse. Regulating the distribution of drugs to keep them out of the wrong hands will also be a challenge. Proponents may argue that legalization will keep drug cartels, gangs and other criminals away from drug use, but the potential harm to youth and marginalized groups outweighs any benefits. Therefore, any discussion of legalization should also include strategies to protect vulnerable populations from the ill effects of use and abuse. Drug-related problems such as addiction, overdose, and health complications can increase with the legalisation of drugs. Availability may decrease as drug legalization may reduce applicable restrictions and regulations. Additionally, individuals may become more prone to experimenting with legal drugs, which may lead to increased drug use. This increased usage can lead to drug-related illnesses and hospitalizations. In addition, drug legalization could create new markets as traffickers and organized crime can distribute and sell drugs without fear of legal repercussions. These potential issues should be considered when making drug legalization decisions.
ROLE OF JUDICIARY
In a recent ruling entitled Hira Singh v. Union of India (2017), the Supreme Court applied a severe interpretation to the terms of the Narcotic Drugs and Psychotropic Substance (Amendment) Act 2001. It has so broadened the definition of “small quantity” possession and the penalty imposed on the accused. The Court ruled that when determining whether a seizure of a mixture of narcotic drugs or psychotropic substances with one or more neutral materials constituted a “small quantity” or “commercial quantity,” the weight of the neutral materials should be taken into account in addition to the weight of the offending drug. The two-judge bench`s decision in E. Micheal Raj v. Intelligence Officer the Narcotic Control Appeal Bureau (2005) 5 SCC 161, was rejected by the court. The division bench, in this case, had ruled that when deciding whether the mixture fell under modest or commercial quantities, the amount of neutral ingredient should not be taken into account. It only considered the narcotic medicine or substance’s actual weight to be important.
In its judgment on State of Rajasthan v. Uday Lal(2006), the Hon’ble Supreme Court of India stated, “Before analyzing the same, it is relevant to mention that to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Convention on Narcotic Drugs and psychotropic substances, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances, the Parliament enacted NDPS Act in the year 1985. This is a special Act and it has been enacted to make stringent provisions for the control and regulation of operations relating to the narcotic drugs and psychotropic substances.”
DEVELOPMENT RELATED TO THE LEGALIZATION OF DRUGS
The Central Drugs Standard Control Organisation (CDSCO)under the Directorate General of Health Services, Ministry of Health & Family Welfare, Government of India is the National Regulatory Authority (NRA) of India. The Drugs and Cosmetics Act of 1940 and the Regulations of 1945 gave central and state regulatory agencies various responsibilities for the regulation of drugs and cosmetics. This law envisions uniform implementation of the provisions of the law and the regulations issued therein to ensure patient safety, rights and welfare through the regulation of pharmaceuticals and cosmetics. CDSCO continually strives to provide transparency, accountability, and consistency in its services to ensure the safety, efficacy, and quality of medical products manufactured, imported, and distributed domestically. Under the Drugs and Cosmetics Act, CDSCO is responsible for the approval of Drugs, Conduct of Clinical Trials, laying down the standards for Drugs, control over the quality of imported Drugs in the country and coordination of the activities of State Drug Control Organizations by providing expert advice with a view of bring about the uniformity in the enforcement of the Drugs and Cosmetics Act.
CONCLUSION
In summary, the debate over drug legalization and its potential to reduce crime is complex and multifaceted. Some argue that legalization could increase violent drug-related crime, while others argue that it could increase addiction and related crime. But the solution to the drug problem is not legalization. Legalization of the drug will almost certainly lead to an increase in its use. Drug-related crime may decrease with legalization, but other crimes, particularly violent crime, may increase. Moreover, many experts assume that even with legalization, the black market for drugs will still exist. Ultimately, the decision to legalize drugs is left to policymakers, who must consider a variety of factors, including public health and safety, individual rights, and economic considerations. As society continues to grapple with the ongoing drug epidemic and its devastating effects, it is important to approach this issue with a balance of compassion and realism.
REFERENCES
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