NAME – ANUSREETA DEV

DEPARTMENT OF LAW

UNIVERSITY OF CALCUTTA (HAZRA CAMPUS )

PHONE – 6290 497 885

TOPIC - WHY SHOULD WE LEGITIMIZE MARIJUANA ?

Cannabis is a herbal plant that is associated strongly with India’s prolonged and unremitting history.

Cannabis has lived for thousands of years in stories of gods and warriors and it still continues to live

today, be it religious ceremonies, medical ailment or personal rejuvenation.

Marijuana is referred to as the flowers, stems, dried leaves and seeds from the Cannabis Sativa and/or

Cannabis Indica plant. The plant is specially known for its containment of the mind-altering chemical

called THC and various similar compounds. Extracts can be generated from the Cannabis plant in

various ways. Smoking THC-rich resins extracted from the Cannabis plant is known to be used

widely all over the world. This practice is termed to be ‘dabbing.’ The extracts come in various forms:

i) Hash oil or honey oil which is a gooey liquid in nature. ii) Wax or budder which is known to be a

soft solid that has a texture similar to a lip balm. iii) Shatter is a hard amber-coloured solid. These

extracts are capable of delivering extremely large amounts of THC to the body and their wrongful use

has been the reason for people to rush to emergency rooms. Needless saying, preparing these extracts

are equally dangerous due to the inclusion of butane(a lighter fluid).People who use butane for

attaining marijuana extracts often end up causing fires and minor explosions due to the use of butane

at home.

Cannabis in India has been used since time immemorial, dated as early as 2000 BCE. Bhang has been

mentioned in several Indian texts dated before 1000 CE. Cannabis having a long history in

India,veiled in legends and religion. Many old Indian texts like The Vedas have duly mentioned

Cannabis to be one of the five most sacred plants on earth with leaves that have immense healing

powers and induce a calming sensation once it is consumed.

The Vedas consider Cannabis as a source of happiness ,joy-giver, liberator that was benevolently

given to humans to help us attain delight and lose anxiety.(Abel,1980)

The Hindu deity Shiva is persistently and perennially associated with cannabis, called bhang in India.

As the legend goes Shiva had once wandered off into the fields after a displeased discourse with his
family. Mentally drained by the family conflict and the hot sun, he fell asleep under a leafy plant. As

he woke up,his curiosity led him to sample the leaves of the plant. Revived and revitalized at

once,Shiva made the plant his absolute favourite food and gradually he came to be known as the Lord

of Bhang.

Cannabis Sativa is one of the most important ingredient for a drink called ‘Soma’ which was an

intoxicating ritual drink that has been heavily praised in the scripts of Rig Veda (c.1700-1100 BCE).

The Atharva Veda (c.1500-1000 BCE) declares Bhang as one of the five most sacred plants that

relieves anxiety. Sayana interpreted bhang as a kind of wild grass but various other scholars identify

bhang with Cannabis.

CHEMICAL COMPOSITION OF MARIJUANA

Cannabis contains psychoactive chemicals,the main one being “Tetrahydrocannabinol” or THC.

When one smokes a joint, the THC goes into the lungs,then into the heart that pumps it into the

bloodstream which further takes it directly to the brain.When marijuana is smoked, it takes the THC a

few minutes to get to the brain, while if it is eaten,it takes a slightly longer duration of time as the

THC goes through the digestive system before it reaches to the brain. But once the THC reaches the

brain,the THC activates ‘receptors’ which makes one get the feeling of being ‘high’.

To put it together,marijuana alters the physical and chemical balance in one’s brain and that’s what is

called a ‘high’.

Many users delineate two stages of the marijuana high, first is initial stimulation which is dizziness,

light-headed feeling and euphoria followed by sedation and a pleasant peacefulness or

tranquility.Users have also reported that altered perceptions of distance and time along with a

heightened sensitivity to sights and sounds. Effects may vary from person to person and might as well

differ with each time it is consumed. While some users may experience lowered inhibition,

drowsiness, and contentment, others may feel great anxiety and paranoia.Being contingent upon the

user and setting,the effects and classification of marijuana may vary from a stimulant to a depressant

to a hallucinogen. Any of these effects can begin within a few minutes after inhaling and can last upto

2 to 3 hours after initial intoxication.(The Center for Substance Abuse Research website article

‘Marijuana’ May 2,2005)

Basically, Delta-9-THC and Delta-8-THC are the only compounds in the cannabis plant that produce
all the psychoactive elements that cause the high. Also, Delta-9-THC is way more abundant in nature

than Delta-8-THC thus conferring the fact that the psychoactivity of marijuana has been imputed

enormously to the effects of Delta-9-THC. Again, when marijuana is metabolized in the liver,a new

compound is configured which is called Delta-11-THC. It is far more psychoactive in nature than

marijuana’s other cannabinoids.(mar,1999-Institute of Medicine,”marijuana and Medicine:Assessing

the Science Base)

According to UNODC’s World Drug Report,2016 the retail price of cannabis in India was $0.10 per

gram,which is known to be the lowest of any country in the world.

MEDICAL USES OF MARIJUANA

The objective is to state truthful facts about the psychoactive substance without being biased neither

inducing to use the drug nor discouraging anyone not to.There are various benefits that can be drawn

from the use of medical marijuana although the corresponding benefits and the demarks of the use of

marijuana vary,relying upon the source who can either be propounding the cause or be a combatant

towards it. While we try to understand the commonly accepted benefits of medical marijuana without

any recommendation as that would require a recognized medical indication that cannot be possible

due to the drug being criminalized and made illegal due to its incorporation of psychoactive elements.

Certain drugs that have synthetic formulations of cannabinoids are given consent to by the Food and

Drug Administration(FDA) for miscellaneous purposes. Marinol (dronabinol) is used for the

treatment of nausea and vomiting persuaded by cytostatic therapy and for the appetite loss for the

HIV/AIDS related cachexia. Nabilone is approved for acute and delayed nausea and emisis caused by

chemotherapy. Sativex (nabiximols) a cannabis extract which is licensed in Germany that is now

being used for the treatment of spasticity in Multiple Sclerosis (MS). Medical marijuana has also been

shown to be effective in treating the patients with diseases such as :

1) Chronic neuropathic pain including pain consorted with MS, but has no consequence in

treating patients with acute pain

2) Spasticity in patients suffering through MS

3) Bladder dysfunction in MS patients

4) Tics in Tourette syndrome patients

5) Levodopa-induced dyskinesia in Parkinson disease patients.

6) Cancer patients (relieves nausea during chemotherapy treatment,may prevent the spread of

some cancer)

7) Patients suffering from HIV/AIDS related severe weight loss.

8) Patients with spasticity associated with neurological disorders including MS and spinal cord

injury

9) Patients suffering from Glaucoma

10) Patients with severe migraine headaches

11) Patients with a seizure disorder

12) Patients with autoimmune diseases such as arthritis.

Even though medical marijuana having benefits for certain group of patients with pain such as

glaucoma patients or patients with MS,it is however not an acceptable solutrion to hope for

effective treatment for acute pain where opioids are being prescribed. Although patients with

long-term chronic pain may be allowed to be treated with medical marijuana as medical marijuana

is relatively safer than that of treatment with opioids. Recent studies reveal evidence that

legalization of use of medical marijuana may reduce the level of opioid overdoze incidents occur

in states that have legalized medical marijuana. Although, smoking marijuana has several side

effects. Marijuana and tobacco contain almost similar compounds hence the risk of smoking both

the substances is somewhat similar.The side effects entail fatigue, dizziness, orthostatic

hypotension, palpitations, myalgia, increased appetite and altered sense of time.When high doses

are attained, ataxia with loss of balance is common. If used for a long-term a risk of dependence

might occur. However, ,pre amd more exhaustive researches are being carried out in search of the

truth about the psychoactive substance that reveal more about its additional risks and benefits.

Medical Marijuana with benefits of the cannabis plant are well aware among scholars and a

considerable amount of people. A vast number of scientific researches carried out on the cannabis

plant substantiate its efficacy when it is administered upon various medical conditions, affluent of

first hand evidence that it works for the people who use it for their own health problems. The first

hand testimony coming from patients is usually termed to be ‘anecdotal’ when viewed as an

evidence belittled by scientific purists. The type of experiential information that we trust should

not hinder our minds with biasness and we see the abstract statistical analysis of scientific studies
that encourage us to find out more about the subject and procure more knowledge about the same.

As we know, medicinal marijuana is a cure for the treatment of nausea and other side effects of

chemotherapy improving diminished appetite of those patients who undergo cancer treatments. It

helps to lower intraocular pressure in glaucoma patients,diminishes spasticity and various other

neurological symptoms in multiple sclerosis. History tells us that medicinal properties of cannabis

has been recognised for centuries now. Documented in Egyptian papyri that dates back to 1550

BCE. It was used in ancient India to cure insomnia, headaches and labor pains. Ancient Greeks

used cannabis for tapeworms, nosebleedings and ear infections. In the early 1800s, both cannabis

indica and cannabis sativa have been used worldwide in homeopathic practices when descriptive

reports were published regarding clinical effects of medical marijuana. Homeopathic dilutions of

these substances have eversince been found to be constructive in treating a wide variety of mental

or emotional problems that include anxiety disorders and attention deficit hyperactivity disorder

as well as urinary tract infections like cystitis and prostatitis. Support is on the rise as research

shows potential therapeutic effects of medical cannabis. Animal studies show that cannabis

derived extracts mitigatecancer cell proliferation and tumor growth and have anti-depressant-like

effects. Bar-Sela and Colleagues(2013) found that nausea, vomiting, weight-loss,sleep disorders

and pain were reduced in cancer patients after 6-8 weeks of cannabis use. Studies also show that

cannabis significantly reduces chronic pain (see Lynch and Campbell 2011), inflammatory bowel

disease (Allagretti et.al.2013), post traumatic stress disorders(Lorenz,2014). Furthermore,peaceful

coexistence is advocated by the psychoactive substance where people mostly become calm and

attain a calmness of the mind after consuming the drug.

RELIGIOUS/RITUAL USE OF MARIJUANA

For centuries the cannabis plant has been used in various religious rituals of heterogeneous

cultures. It is one of the many entheogens (en-theo-gen = “within-god-creates”). Entheogenic

substances are psychoactive substances used to alleviate spiritual experience in religious,

shamanic or other spiritual backdrop. Cannabis oil used by early Christians in a number of rites

including the anointing with oil while performing the baptism by Christian priests. The ancient

Chinese Taoists used cannabis as incense and diverse Hindu practices included offerings to

cannabis to their deities. Peyote, psilocybin mushrooms, ayahuasea and mescaline are few of the
powerful hallucinogenic substances used in rituals, the most common characteristic of these being

able to attain non-physical dimensions of existence. Marijuana users from the sixties generation

point out its consciousness expanding capabilities. Shamans, healers and priests continues to use

marijuana in their healing practices and spiritual rituals. It is known to alleviate consciousness to

new possibilities and it acts as a powerful catalyst for spiritual exploration and development.

Although once the “doors of perception” has been alleviated and spiritual insights are attained, it

is preferable to not repeat the process endlessly since one can also attain it via prayers, meditation,

shamanic touring, chants etc. can yield satisfying results. Therefore, proper use of these

entheogenic substances under the proper guidance of experienced elder or spiritual expert shall

not necessarily result in drug abuse, destructive tendencies or mental illness. Given the fact that

the United States was established on the principles of religious freedom consequently citizen’s

rights to use marijuana for spiritual purposes should be a no-brainer.

RECREATIONAL USE OF MARIJUANA

“I’m on record saying that not only do I think carefully prescribed medical use of marijuana may

infact be appropriate and we should follow the science as opposed to ideology on this issue, but

I’m also on record as saying that the more we treat some of these issues related to drug abuse

from a public health model and not just from an incarceration model, the better off we’re going to

be.” –Barack Obama,44th President of USA on The Marijuana Revolution,Apr 20,2015.

Despite the fact that most of the marijuana users come out unscathed from their experiences,we

live in an unreasonable world that creates inordinately harsh laws that prohibits people from using

marijuana.

Criminalization of the cannabis plant has made innumerable criminals out of the people who are

otherwise ordinary citizens. By allowing fright to inspire us to such an extent that we donot

realise that we are actually throwing our children under the bus by sending them to jail for doing

something that many of us did while in our youthful indiscretion.

EFFECT OF MARIJUANA ON HUMAN BODY

When the drug enters one’s bloodstream the effects are almost immediate. Long-term effects

depend upon the regularity of the drug used, quantity of it and the method by which it is

consumed.
Effect on the respiratory system : Studies ongoing have mixed results where some of them predict

that marijuana contains carcinogens that may increase one’s risk to lung cancer while others such

as National Institute of Drug Abuse (NIDA) states that there are no such conclusive proof that

marijuana smoke causes lung cancer. Marijuana smoke is made up of a variety of toxic chemicals

that include ammonia and hydrogen cyanide, almost like that of tobacco smoke, which irritates

the bronchial passages and the lungs. Signs of regular smoking would be wheezing,coughing and

production of phlegm. Chances of bronchitis and lung infections heighten. It aggravates other

existing respiratory illnesses such as asthma and cystic fibrosis.

Effect on the circulatory system : The THC moves from the lungs and into the bloodstream and

throughout the body. Heartrate is known to accelerate within a few minutes and it may increase

by 20-50 beats per minute that raises the chances of a heart attack. The rapid heartbeat can

continue upto 3 hours. The telltale signs of recent marijuana use is bloodshot eyes. The eyes

apparently look red due to the fact that marijuana causes blood vessels in the eyes to expand. THC

lowers pressure in the eyes which is capable of easing the glaucoma symptoms for a couple of

hours. For long-term use, marijuana has a feasible effect on the circulatory system. Research is

still ongoing and nothing has been stated in absolute but marijuana may help stop the growth of

blood vessels that feed cancerous tumors.

Effect on the central nervous system : Marijuana can have a lasting impact on the thinking and

memory processes of those consumers who are below the age of 25 years due to the fact that their

brains are not fully developed. Almost 30 % of the marijuana users develop a marijuana use

disorder. Addiction is very rare, but real. Withdrawal symptoms include insomnia,irritability and

loss of appetite. Using marijuana while being pregnant can affect the brain of the unborn baby

who might grow up having troubles with memory,concentration and his/her problem-solving

skills.

Effect on the digestive system : While inhalation,smoking marijuana is capable of causing some

stinging or burning sensation in the mouth and throat. It is known to be bitter in taste. Oral intake

of marijuana can cause digestive issues like vomiting and nausea due to the way it gets processed

by the liver. Conversely, marijuana has been an ailment for easing symptoms of nausea and

stomach upset. It increases your appetite, leading to “munchies”. This is a benefit for the people
being treated to chemotherapy for cancer.

Effect on the immune system : No conclusive evidences were brought up as of yet but scholars

merely predict that it is capable of damaging the immune system by making the body more

vulnerable to illnesses.

USA ON MARIJUANA LEGALIZATION

Federal position – During the 1800s and early 1900s the US physicians and pharmacists disbursed

cannabis for diverse medical purposes. In 1937 the Federal Marijuana Tax Act had been imposed

which was duly in harmony with the Prohibitionist times (McKenna,2014). This Act did not legally

forbid medical distribution of cannabis, but made physician reporting requirements so irksome and

inconvenient that they efficaciously casted down the practice. In Federal Controlled Substance

Act,1970 (Pacula et.al.,2002), the Federal Drug Enforcement Agency declares cannabis as a

“Schedule 1” substance (Drug Enforcement Administration), that means no accepted medical use as it

is considered to be highly addictive in nature. This law particularly made medical and recreational

cannabis use absolutely illegal.

Inspite of the Federal stance against medical marijuana, the substance has been long favoured and

used by Americans for medical purposes, who have notably attained ailment much faster than the

legalized medicinal drugs.

Medicinal properties of marijuana gaining public acceptance has led USA legalize the use of

marijuana for medical purposes in exactly 29 States, District of Columbia legalizing it to some extent.

Does it make sense to declare marijuana as a Schedule I substance? Probably yes,till the time its

medical values are found by the federal process. The Controlled Substances Act (CSA) divides

abusable drugs in five scheduled groups, numbered I-V. Schedule V includes medication such as

cough syrups that contains small amount of codeine having very little dependence accountability.

Schedule I includes Heroin, which is conceivably the most dangerous illegal substance and then there

is Marijuana. As of 8th June,2018, 9 States and Washington D.C. has legalized the possession as well

as personal use of marijuana for recreational purposes. In recent years, marijuana legalization has

been a hot topic for debates. Initially, legalization efforts were focussed upon the medical benefits and

use of cannabis. Supporters of the cause advocated that the legalization of marijuana for recreational

use shall introduce safety and regulatory controls, making the drug safer for consumption. Researches
should also be sponsored by the federal government to conclude more about the safer ways to

consume marijuana without causing any hazards rather than criminalizing a drug that has been termed

as an etheogenic substance. In addition to the previous point, proponents also argue that taxes

involved with the legal marijuana is very much competent of supplying with a revenue boost for the

Central and State government uprising the nation’s economy. While the opponents point out their

concerns towards its addictiveness and negative health impacts. They also imply that marijuana can

act as a gateway drug leading its users to reach out for other more dangerous substances that would

alleviate their minds and give them a better high and euphoria, sating their need of hallucinations. At

the federal level, the cutivation, distribution and use of cannabis has remained to be a federal offence

even though 9 States and Washington D.C. has legalized the drug per se.

LEGAL STATUS IN INDIA

Cannabis is popular in India in the form of bhang, mixed in thandai, a milkshake devoured as Prasad

of Shiva and particularly popular during Mahashivratri and Holi. In Odisha, cannabis consumption

has been made legal and it is common to spot people with chillums. In Assam, bhang has been banned

since 1958. But it is largely consumed during Ambubachi Mela. In 2015, the police administration

didnot prohibit devotees from consuming bhang. In November 2015, Uttarakhand legalized the

cultivation of cannabis for industrial purposes. Patanjali Ayurved CEO Balkrishna declared in

February 2018, that the company has begun to research upon the benefits of cannabis and its extracts

at its research and development facility in Haridwar for the use of the substances in its medicines and

other products. Aiming at criminalizing cannabis in British India were made and debated heavily in

1838, 1871 and 1877. The 1961 international treaty Single Convention on Narcotic Drugs termed

cannabis as a class I drug clubbing it with hard synthetic drugs under Schedule I. While the

negotiations were ongoing, the Indian delegation resisted its intolerance to the social and religious

customs in India. As a token of compromise, the Indian Government committed to limit the export of

Indian hemp, and the final draft of the treaty defined cannabis as-

“Cannabis means the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves

when not accompanied by the tops) from which the resin has not been extracted,by whatever name

they may be designated.” – Commentary on Single Convention on Narcotic Drugs,1961.

Bhang was thus left out from the definition of cannabis and this allowed India to consume bhang on a
large-scale basis during various religious occasions.

The NDPS Act,1985 maintains the same definition. This Act banned the production and sale of

cannabis resin and flowers, but allowed the use of leaves and seeds letting the States regulate the

latter. Cultivation of cannabis for industrial purposes like making industrial hemp or for horticulture

use is made legal in India. The National Policy on Narcotic Drugs and Psychotropic Substances affirm

cannabis as a source of biomass, fibre and high-value oil. The government of India encourages

research and cultivation of cannabis with low THC content.

In 2015, the first organised efforts to re-legalize cannabis in India appeared by holding medical

marijuana conferences in Belgaluru,Pune,Mumbai and Delhi by the Great Legislation Movement

India.In 2017, Union Minister Maneka Gandhi extended her support for the legalization of marijuana

for medical use. Dr. Dharamvir Gandhi, MP from Patiala, petitioned to legalize the possession as well

as the consumption of marijuana in India along with that of other ‘non-synthetic’ intoxicants.

Currently possession, trade, transport and consumption of marijuana (among other narcotic and

psychotropic substances) is banned under the NDPS Act,1985 and is a criminal offence.

In 2015, Lok Sabha Biju Janata Dal MP Tathagata Satpathy an MP hailing from Odisha states that he

is of the opinion that the criminalization of cannabis possession and consumption is elitist in nature,

since the rich aren’t eyed the same way for a glass of wine held in their hands. The private member’s

bill suggests some changes to the NDPS Act. One of these being separation of the clubbing of ‘soft’

intoxicants from artificial ‘hard’ drugs like cocaine,heroin and smack.

The petition is also supported by Romesh Bhattacharji,a former Commissioner of the Central Bureau

of Narcotics. In an interview with News18, he revealed that more than half the people who were put

behind bars in Punjab between 2001-2011 under the NDPS Act, were merely poor people in

possession of soft drugs.

In another interview with Hindustan Times, Gandhi said “the petty traditional drug users are turning

to the easily available and aggressively marketed, addictive and dangerous street drugs.” According to

him,if the NDPS Act is amended to permit cheap, regulated and medically supervised supply of

traditional and natural intoxicants such as afeem (opium) and ‘bhukki’ (poppy husk) to be made

available,fewer people would move towards dangerous and harmful intoxicants.

Satpathy pointed out that in 2015 the ban on sale and possession of soft drugs and natural intoxicants
like bhang and cannabis lead to more people to turn to alcohol. Whereas alcohol has a higher

incidence of addiction of 16% as compared to cannabis, which is 9%.

Outcome Document of the 2016 United National General Assembly Special Session on the World

Drug Problem recognize drug dependence as a complex, multifactorial health disorder characterized

by a chronic and relapsing nature with social causes and consequences that can be prevented and

treated. This kind of thinking has formed the basis for move to decriminalize drug use.

Policy that makes consumption and possession of cannabis for personal use not a criminal offence.

Hard prohibitionist approach to drug control should be shifted towards softer approaches like harm

reduction, legalizing personal use of specified substances and decriminalization. Harm Reduction

Agenda gained wider acceptance, legalizing the use of substances like Cannabis have proceeded fairly

quickly in many western countries. Still, the decriminalization movement has not made much of a

progress worldwide.

RELAXATION IN EUROPEAN COUNTRIES

Cannabinoid- based medicines and specially Nabiximols, are known to be gaining a wider acceptance

and are authorized for use in most European countries.

SYNTHETIC MARIJUANA/ FAKE MARIJUANA

As an emerging drug abuse, synthetic marijuana has come to be acknowledged as a global health

concern. These are basically psychotropic designer drugs, synthesized in laboratories to mimic the

effect of THC(Delta-9-tetrahydrocannabinol) which is otherwise the main psychoactive substance in

the real marijuana plant. Synthetic Marijuana is most commonly known as “Spice” or “K2” first to

become available in the United States in the year 2008.(Vardakou et.al.,2010)

Back then it had been assumed that Synthetic Marijuana was safe and it was a non-toxic substance

eliciting a psychoactive effect like real marijuana plant does, but it was proved to be gravely wrong.

Due to the presence of synthesized chemicals in synthetic marijuana, some users were found reporting

psychotic effects like paranoia, extreme anxiety and hallucinations. Some of the synthesized

compounds in synthetic marijuana strengthen its binding with THC receptors much more than regular

marijuana and contains powerful chemicals like cannabimimetics( Harris and Brown,2013) resulting

to adverse health effects. Some may even contain heavy metal residue that are harmful to the health.

In India, synthetic marijuana products are available under the street names of “Bombay Blue”,
“Bonsai-18”, “Mojo”, “Silent Black”, “Skunk”, etc.

PUNISHMENT UNDER THE NDPS ACT,1985 FOR MARIJUANA

USERS AND SELLERS

In the wake of withstanding the United States' weight for a quarter century, India at long last

surrendered to the requests of its Western partner in 1986 by clubbing cannabis with other hard

medications and criminalizing it.

Section 20 Of the NDPS Act, 1985 manages the offenses related to the utilization as well as

development, ownership, utilize, deal/buy, import/fare, transportation and warehousing of cannabis,

aside from medicinal or logical purposes.

Under section 20, For the situation of development, a fine of up to one lakh rupees and thorough

detainment of up to 10 years may be exacted.

For ownership of little amounts (100 grams for charas and hashish, 1000 grams for ganja), a

punishment of ten thousand rupees or a correctional facility term of a half year to multi year.

In the event that somebody is gotten with business amounts (1 kg for charas and hashish, 20 kgs of

ganja), the court can serve a stern detainment for up to twenty years and pay a fine of two lakh rupees.

Courts additionally at their own tact can punish a standard guilty party for a 30-year detainment term.

It is additionally not necessary to give away an obligatory capital punishment for rehashed feelings in

instances of trafficking expansive amounts of medications.

Section – 25 expresses that if a man purposely enables one's premises to be utilized for conferring an

offense under NDPS Act, 1985 he will be esteemed to an indistinguishable discipline from under

section- 20.

Section – 28 manages endeavors, abetment and criminal trick as to weed.

DRUG USE- PROHIBITION VS HARM REDUCTION AND

DECRIMINALIZATION

A major obstacle to the governments in decriminalizing drug use are the international drug control

treaties that are a series of agreements ratified by majority of the countries in the United Nations that

include the Single Convention of 1961, the 1971 Psychotropic Drug Treaty and its 1972 amendments

and the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotroic Substances. These

treaties were meant to reduce harmful use of prohibited drugs and protect public health,societal well
being while facilitating access for medical and scientific purposes. However,the treaties were heavily

criticized for being ineffective and promoting directly or indirectly, disease transmission, violence,

displacement of societies, pain and infringing on people’s right to health by prohibiting certain drugs

that do not deserve the prohibition.

However,Softer approaches were focussed upon after the failure of the stringent prohibitionist

approach where drug problems are looked upon as mental health issues rather than criminalizing the

problems.

STEPS TO DECRIMINALIZE USE OF CANNABIS

1) Elimination of the stigma and discrimination towards individuals with substance use disorder

(SUD)

2) Address SUD as public health problem instead of criminal justice issues.

3) Implement evidence-based prevention programs

4) Implement evidence-based treatments for SUD.

5) Collect and utilize scientific data and engage scientific experts in policy making.

6) Engage diverse stakeholders in coordinated policy making.

7) Support drug-related research.

8) Ensure access to scheduled medication for therapeutic use.

9) Decriminalization of drug use did not affect the age of onset of cannabis use.

10) Available evidence appears to suggest that decriminalization of cannabis did not affect its price.

11) United Nations has endorsed viewing drug addiction as a health disorder that is preventable and

treatable.

The subsequent stage is for part states to receive these proposals. Nonetheless, a few elements militate

against the more extensive acknowledgment of decriminalization of tranquilize utilize. To begin with,

in spite of the fact that the mind infection model of habit has evoked a thoughtful reaction, the nature

of habit, which is described by its variant, rash and habitual conduct has been a hindrance in

increasing more extensive open acknowledgment.

Conflict of Interests : None.

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