The Narcotic Drugs and Psychotropic Substances Act 1985

Introduction and Objectives

The enactment of the Narcotic Drugs and Psychotropic Substances Act, 1985, marked a significant departure from outdated legislations like the Opium Act, 1857, the Opium Act, 1878, and the Dangerous Drugs Act, 1930. Recognizing the evolving landscape of illicit drug trade and drug abuse at both national and international levels, it became evident that these earlier Acts had several shortcomings. Consequently, the Indian government recognized the pressing need to address these deficiencies and subsequently repealed the old Acts.

The Narcotic Drugs and Psychotropic Substances Act, 1985 was introduced to rectify the shortcomings of the previous legislations. This act incorporates stringent provisions aimed at prohibiting, controlling, and regulating various aspects related to Narcotic Drugs and Psychotropic Substances. It establishes a comprehensive licensing system for both Central and State Governments to govern the manufacture, cultivation, import, export, inter-state traffic, transportation, sale, possession, and related activities concerning Narcotic Drugs and Psychotropic Substances.

The principal objective of this act is to consolidate and amend the existing laws related to narcotic drugs, imposing stringent regulations for their control and management, and addressing associated matters.

Preventing Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988, was enacted to detain individuals in specific cases to prevent illicit drug trafficking and abuse, aligning with the broader objectives of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Definitions

1. Addict:

An individual habituated to the regular use of any narcotic drug or psychotropic substance is referred to as an Addict.

2. Cannabis (Hemp):

This category encompasses:
(i) Charas: Resin in crude or purified form obtained from the cannabis plant, including concentrated preparations and resin known as hashish oil or liquid hashish.
(ii) Ganja: Flowering or fruiting tops of the cannabis plant (excluding seeds and leaves not accompanied by the tops).
(iii) Any mixture, with or without neutral material, of ganja or charas, or any drink prepared from them.

3. Coca Derivative:

Includes:
(i) Crude cocaine, usable directly or indirectly for the manufacture of cocaine.
(ii) Ecgonine and all its derivatives from which it can be recovered.
(iii) Cocaine: Methyl ester of benzoyl-ecogonine and its salts.
(iv) Preparations containing more than 0.1 per cent of cocaine.

4. Coca Leaf:

Comprises:
(a) The leaf of the coca (Erythroxylon) plant (excluding the leaf from which all ecgonine, cocaine, and any other ecgonine alkaloids have been removed).
(b) Any mixture thereof with or without any neutral material, excluding preparations containing less than 0.1% of cocaine.

5. Manufacture:

This term encompasses:
(i) All processes, excluding production, by which narcotic drugs or psychotropic substances may be obtained.
(ii) Refining or transformation of such drugs or substances.
(iii) Making preparations containing such drugs or substances.

6. Manufactured Drugs:

Include:
(a) All coca derivatives, medicinal cannabis, opium derivatives, and poppy straw concentrate.
(b) Any other narcotic substance or preparation which the Central Government may, based on available information regarding its nature or decisions under any International Convention, declare to be a manufactured drug.

7. Medicinal Cannabis (Medicinal Hemp):

Any extract or tincture of cannabis.

8. Narcotic Drug:

Encompasses coca leaf, cannabis (hemp), opium, and poppy straw, including all manufactured drugs.

9. Opium:

Refers to the coagulated juice of the opium poppy and its mixture with or without neutral material (excluding preparations containing less than 0.2 per cent of morphine).

10. Opium Derivative:

Inclusive of:
(i) Medicinal opium.
(ii) Prepared opium.
(iii) Phenanthrene alkaloids such as morphine, codeine, thebaine and their salts.
(iv) Diacetyl morphine (heroin) and its salts.
(v) All preparations containing more than 0.2% of morphine or any amount of diacetyl morphine.

11. Opium Poppy:

Includes the plant of Papaver somniferum and other species of Papaver from which opium or any phenanthrene alkaloid can be extracted.

12. Poppy Straw:

Encompasses all parts (except the seeds) of the opium poppy after harvesting, whether in original form or cut, crushed, or powdered, and whether or not juice has been extracted therefrom.

13. Psychotropic Substance:

Denotes any natural or synthetic substance or any salt or preparation of such substance or material, listed in the schedule of psychotropic substances.

14. Illicit Traffic (Supplement to the Narcotic Drugs Act, The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988):

Involves:
(i) Cultivating any coca plant or gathering any portion of the coca plant.
(ii) Cultivating the opium poppy or any cannabis plant.
(iii) Engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, interstate import, inter-state export, import into India, export from India or trans-shipment of narcotic drugs or psychotropic substances.
(iv) Dealing in narcotic drugs, psychotropic substances.
(v) Handling or letting any premises for use for any of the purposes referred to in (i) to (iv).
(vi) Financing any activity by oneself or through any other person in the furtherance or support of any of the aforementioned acts.
(vii) Harbouring persons engaged in any of the activities specified in (i) to (vi).
(viii) Abetting or conspiring in the furtherance or support of any of the aforementioned acts, except to the extent permitted under the Narcotic Drugs and Psychotropic Substances Act, 1985, or any rule or order made, or any condition of any license, permit, or authorization issued thereunder.