1. Legal Issues 1

2. Is Drug Use Legal? What are the Laws on Drugs? ● Use of some drugs is legal while others is illegal. ● Legal Drugs: Tobacco, bhang, prescribed medicines, etc. ● Illegal Drugs: Opium/Heroin, Charas/Ganja, LSD, Amphetamines, etc. ● 3 central Acts on drugs and drug use; most relevant to TI is Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985 2

3. What Does NDPS Say? ● Gives a list of drugs that are illegal ● Production, sale, possession, consumption, transport, etc., are among the offences ● Punishment includes jail or/and fine; depends on the offence, type and quantity of drug Example Possession of up to 5 gms. (small quantity) of heroin is punishable with 6 months imprisonment or/and Rs.10,000 fine. If found with more than 5 gms. but less than 250 gms. of heroin then may be looked upon as drug seller. If found with more than 250 gms. then will be looked upon as drug trafficker; punishment may be up to 20 years. 3

4. What does NDPS say? 4

5. What if the Drug User is Arrested Under NDPS? ● Immunity from Prosecution: If addict* arrested with small quantity (e.g. up to 5 gms. of heroin or up to 100 gms. of Charas), he/she can avoid prosecution if he/she volunteers for drug dependence treatment at a govt. recognized centre (Section 64A; added in 2001) ● Has to complete treatment; if treatment is left incomplete then sent back to Court ● The drug user may be arrested for any other crimes like theft, robbery, etc. *Addict : Immunity only applicable to persons who are medically certified as drug dependent. 5

6. Does the Drug User Have Any Rights? Yes!! A drug user has all the Fundamental Rights guaranteed by the Constitution of India including Right to Life and Health 6

7. What are the Rights on Arrest? Rights on arrest and in detention: Right to know reason for arrest Right to inform one person – friend; relative of the arrestee Right to be taken to magistrate within 24 hours Right to health i.e. right to continue any prescribed medication he/she may be on (such as ART, OST, etc) and right to medical checkup every 48 hours Right to ask for lawyer – If he/she does not know any lawyers, a lawyer will be appointed to him/her (TI can network with District Legal Services Authority for free legal aid) 7

8. OST and NDPS Section 4 of the NDPS Act: Central Govt. can take measures with respect to identification, treatment, education, after care, rehabilitation and social re-integration of addicts Section 71 of the NDPS Act: Gives the Govt. power to establish centers for the purpose outlined in Section 4 AND the power to provide narcotic drugs and psychotropic substances to addicts registered with it All OST centres established and funded by the Govt. operate under these sections 8

9. Summary Drugs such as opium/heroin, charas/ganja, Diazepam, LSD, etc. are illegal NDPS Act – Possession and consumption are punishable If arrested under NDPS, can avoid jail/fine by volunteering for treatment (Sections 64 and 64A) When arrested, right to know reason; inform someone; and ask for lawyer Right to health even after arrest Govt.-funded OST centres operate within Section 71 of NDPS 9

10. 10 THANK YOU!