Drug prohibition law
Drug prohibition law is prohibition-based law by which governments prohibit, except under licence, the production, supply, and possession of many, but not all, substances which are recognized as drugs, 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.
History and founding principles
Drug prohibition law is based on the view that some drugs, notably opium poppy, coca, and substances derived from these plants, 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.
The following treaties are no longer in force, being superseded in 1961 by the Single Convention on Narcotic Drugs:
- International Opium Convention, signed at The Hague on 23 January 1912
- Agreement concerning the Manufacture of, Internal Trade in and Use of Prepared Opium, signed at Geneva on 11 February 1925
- Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs, signed at Geneva on 13 July 1931
- Agreement for the Control of Opium Smoking in the Far East, signed at Bangkok on 27 November 1931
Otherwise prohibited drugs may be licensed for medical, research and industrial purposes.
Pharmaceutical companies, also known as drug companies, work under drug control licenses.
Recreational and self-medicational drug use
Recreational use 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.
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.
Drug prohibition is responsible for enriching “organised criminal networks”, according to some critics while the hypothesis that the prohibition of drugs generates violence is consistent with research done over long time-series and cross-country facts.
- 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 Lancet, 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) 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
- Australia: Standard for the Uniform Scheduling of Drugs and Poisons
- Belize: Misuse of Drugs Act (Belize)
- Canada: Controlled Drugs and Substances Act
- Estonia: Narcotic Drugs and Psychotropic Substances Act (Estonia)
- Germany: Betäubungsmittelgesetz
- India: Narcotic Drugs and Psychotropic Substances Act (India)
- Netherlands: Opium Law
- New Zealand: Misuse of Drugs Act 1975
- Pakistan: Control of Narcotic Substances Act 1997
- Philippines: Comprehensive Dangerous Drugs Act of 2002
- Poland: Drug Abuse Prevention Act 2005 (article in Polish Wikipedia)
- Portugal: Decree-Law 15/93
- Republic of Ireland: Misuse of Drugs Act (Ireland)
- Republic of South Africa: Drugs and Drug Trafficking Act 1992
- Singapore: Misuse of Drugs Act (Singapore)
- Sweden: Lag om kontroll av narkotika (SFS 1992:860)
- Thailand: Psychotropic Substances Act (Thailand) and Narcotics Act
- United Kingdom: Misuse of Drugs Act 1971 and Drugs Act 2005
- United States: Controlled Substances Act
- Gateway drug theory
- Drug liberalization, reducing or eliminating drug prohibition
- Drug policy reform
- Single Convention on Narcotic Drugs, 1961, United Nations Office on Drugs and Crime (UNODC) website, accessed 6 February 2009
- Convention on Psychotropic Substances, 1971, United Nations Office on Drugs and Crime (UNODC) website, accessed 6 February 2009
- Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, United Nations Office on Drugs and Crime (UNODC) website, accessed 6 February 2009
- About UNODC, United Nations Office on Drugs and Crime website, accessed 9 February 2009
- The Commission on Narcotic Drugs, United Nations Office on Drugs and Crime website, accessed 13 February 2009
- International Narcotics Control Board website, accessed 13 February 2009
- New Statesman Banning Khat is one of the most dangerous decisions made during the ‘war on drugs’ 9 September 2013
- Dills, Angela K.; Miron, Jeffrey A.; Summers, Garrett (2010). “What Do Economists Know about Crime?”. In Di Tella; Edwards; Schargrodsky (eds.). The Economics of Crime: Lessons for and from Latin America. Chicago: University of Chicago Press. doi:10.3386/w13759. ISBN 978-0-226-15374-2.
- Misuse of Drugs Act 1971 (c.38), the text of the act, OPSI website, accessed 27 January 2009[permanent dead link]
- Drug classification: making a hash of it?, Fifth Report of Session 2005–06, House of Commons Science and Technology Committee, accessed 29 January 2009
- Nutt, D.; King, L. A.; Saulsbury, W.; Blakemore, C. (2007). “Development of a rational scale to assess the harm of drugs of potential misuse”. The Lancet. 369 (9566): 1047–1053. doi:10.1016/S0140-6736(07)60464-4. PMID 17382831.
- Scientists want new drug rankings, BBC News website, 23 March 2007, accessed 27 January 2009
- Controlled Drugs and Substances Act, Department of Justice website, accessed 9 February 2009 Archived 5 January 2011 at the Wayback Machine
- Misuse of Drugs Act 1975, New Zealand website, accessed 9 February 2009
- Misuse of Drugs Act 1977, Office of the Houses of the Oireachtas website, accessed 9 February 2009 Archived 20 February 2007 at the Wayback Machine
- Misuse of Drugs Act 1984, Irish Government website, accessed 9 February 2009 Archived 27 January 2016 at the Wayback Machine
- Drugs Act 2005 (c. 17), OPSI website, accessed 2 February 2009[permanent dead link]
- Controlled Substances Act (short title), U.S. Food and Drug Administration website, accessed 6 February 2009
- 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