Author -Abhishek Garg Student At Prestige Institute Of Management And Research Gwalior
ABSTRACT
The Decriminalization of medicines use effect our society and person Health. the word decriminalization means the action of process of ending to treat commodity as illegal or as a felonious offense. Then we bandy about the arguments that comes in favour of decriminalization, Argument against decriminalization, legal and policy recrimination of decriminalization. the conception of permitting medicine use, where individualities are no longer fulfilled or penalized for enjoying or using certain medicines. The thing is to inform conversations on medicine policy reform and promote a more compassionate and effective approach to addressing medicine use. This composition will explore the conception of decriminalization, its implicit benefits and challenges, and the counteraccusations for medicine policy and public health.
Keywords: Drugs use, Decriminalization, Health, Legal, Illegal
ARGUMENTS SUPPORTING DECRIMINALIZATION
- Public Health Benefits
Harm reduction: Decriminalization takes the emphasis away from punishment and toward treatment and harm reduction. For instance, drug consumers are able to access clean equipment, medical care, and rehab without arrest.
Lower disease transmission: Particularly in intravenous drug use or prostitution, decriminalization can lower HIV and hepatitis transmission.
2. Decreases Overcrowding Of Prisons
Minor crimes, particularly non-violent ones, tend to contribute to unnecessary jail time. Decriminalization will decrease prison population and enable resources to be targeted towards more significant crimes.
- Conserves Public Resources
Law enforcement, courts, and prisons devote considerable time and resources to enforcing laws against behavior that is not necessarily a threat to others. Decriminalization can alleviate that burden.
4. Enhances Police–Community Relations
In disproportionately targeted communities for petty offenses (particularly poor and marginalized ones), decriminalization has the potential to restore trust in law enforcement.
5. Imprisonment does not deter drug use
America has the world’s highest incarceration rate, one which has grown by 500 percent in the last 40 years, says the Sentencing Project. The jails are filled with offenders doing time for drug-related charges, but most pundits recognize that prison terms seldom discourage drug use, particularly among youth.
The Prison Policy Initiative discovers, “At least 1 in 4 individuals who are sent to jail will be rearrested during the same year — frequently those with poverty, mental illness, and substance abuse disorders, whose issues only compound with incarceration.”
6. Emphasis on Human Rights
Many believe that individual choices—like drug use or consensual sex work—must not be criminalized. Decriminalization honors bodily autonomy and the right to make personal decisions free from state interference.
7. Decriminalization serves the interest of public safety and health
Data in nations that have decreased or eliminated criminal sanctions for drug possession highlight three salient points:
The proportion of drug use or crime did not rise
The addiction rate, overdoses, and HIV/AIDS fell dramatically
More individuals went into drug treatment programs
Those who purchase drugs illicitly have no means of determining whether the product is pure or adulterated with poisonous ingredients. Illegal drugs imply that there is no quality control.
With so much of law enforcement invested in drug enforcement, other health and safety matters in the public sphere suffer. With decriminalization of drugs, federal, state, and local governments will be able to re-allocate millions of dollars to other issues related to crime and increase drug treatment programs and community health care.
ARGUMENTS AGAINST DECRIMINALIZATION
1. Increased Drug Use and Addiction
Increased Use: Decriminalization can contribute to more people using drugs, since they might find drugs more acceptable or available.
Increased Addiction Risk: By decreasing the discouragement of drug use, decriminalization can contribute to higher rates of addiction, especially among susceptible individuals.
2. Effect on Public Order and Safety
Concerns about Public Safety: Decriminalization may lead to an increase in drug-related crime, public disorder, and safety concerns, particularly in communities with high rates of drug use.
Impact on Community Cohesion: Decriminalization may undermine community cohesion and social norms, leading to a breakdown in social order and increased fear among residents.
3. Challenges in Regulation and Enforcement
Regulatory Challenges: Decriminalization necessitates effective regulation and control to make certain that drugs are not being distributed or consumed in a manner that hurts people or societies.
Enforcement Challenges: Decriminalization has the potential to pose difficulties for police and other law enforcement organizations, especially in differentiating legal and illegal drug use.
4. Potential for Greater Burden on Healthcare and Social Services
Increased Demand for Services: Decriminalization can result in a rise in demand for healthcare and social services, especially if more people approach treatment for addiction.
Strain on Resources: The expanded demand for services will strain resources, especially if funds are not augmented to cover the rising demand for treatment and support services.
5. Concerns about Message and Normalization
Message to Youth: Decriminalization may send a message to youth that drugs are acceptable or safe, potentially leading to increased use among young people.
Normalization of Drug Use: Decriminalization may contribute to the normalization of drug use, making it more socially acceptable and increasing the risk of addiction and other negative consequences.
According to a 2018 Cato Institute report, The Budgetary Effects of Ending Drug Prohibition, federal, state, and local governments in 2016 spent approximately $48 billion on drug prohibition. All-drug decriminalization has the potential to save governments money and collect taxes, redirecting funds to increasing treatment for drug and mental illness and other community services.
INTERNATIONAL AND NATIONAL AGENCIES WORK FOR GOVERNING DRUG USE
INTERNATIONAL AGENCIES
- UNITED NATIONS OFFICE ON DRUGS AND CRIME
The United Nations Office on Drugs and Crime was established in 1997 with the goal of preventing drug use, criminal activity, terrorism, and corruption worldwide.
We operate in 150 nations, establishing cross-border networks of collaboration and offering trustworthy data and analysis. In order to make communities safer and more resilient, UNODC is also providing training to border officials, judges, police officers, social workers, and healthcare professionals.
WORLD HEALTH ORGANISATION
When psychoactive substances like alcohol and illegal narcotics are used in a risky or detrimental way, it is referred to as substance abuse. One of the main effects on society is the harm that illegal drug use causes to people’s health. Drug use also has a significant financial impact on society, families, and individuals. It is evident that a wide range of factors have contributed to the development of the intricate worldwide illicit drug problem. Among the sociodemographic trends that have an impact are the age, gender, and rate of urbanization of the population. Cannabis continues to be the most commonly used illegal substance in Africa. West and Central Africa is flaunting the loftiest frequence and growth in use, with a range of 5.2 to 13.5. Methamphetamine and “ecstasy” are two examples of amphetamine-type stimulants (ATS), the second most abused class of drugs, that are now in use in Africa.
In addition to injecting narcotics, 3.7% of the children and adolescents surveyed in Sierra Leone used benzodiazepines, including diazepam, chlorpromazine, and other inhalants. One of the main ways that bloodborne viruses like HIV, hepatitis C, and hepatitis B are spread is through sharing contaminated syringes and needles. Injecting drugs is also a very dangerous way to get infected with these illnesses.
NATIONAL AGENCIES
NATIONAL INSTITUTE ON DRUG ABUSE
In 2024, NIDA commemorated its 50th anniversary. On May 14, 1974, Congress created the National Institute on Drug Abuse (NIDA), which has since funded and led research on drug addiction and abuse worldwide. Addiction is now viewed as a preventable, treatable, and deserving health condition that deserves compassion and treatment, thanks in large part to NIDA research, which has led a shift in medical and societal culture away from an obsession with viewing addiction as deviance.
NARCOTIC CONTROL BUREAU
The Directive Principles, which are enshrined in Article 47 of the Indian Constitution, serve as the foundation for the National Policy on Narcotic Drugs and Psychotropic Substances. These principles direct the State to endeavor to outlaw the use of drugs that are harmful to health, except for medical purposes.
As amended by the 1972 Protocol, the 1971 Conventions on Psychotropic Substances, and the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, India is a party to the 1961 Convention on Narcotic Drugs.
The general legislative policy is embodied in the three Central Acts, namely Drugs and Cosmetics Act, 1940, The Narcotic Drugs and Psychotropic Substances Act, 1985. Drug abuse prevention, which is a central activity, is carried out by a number of departments, ministries, and organizations.
CONCLUSION
Following the idea which are presented above we examined the advantages and disadvantages ( the pros and cons ) of decriminalization of drug use. and also, with the arguments which is in favour of decriminalization and arguments against the decriminalization. There are so many challenges also which is faced by government. Decriminalization is directly or indirectly harming our society and as well as health. A balanced approach that prioritizes public health, safety, and well-being is crucial to addressing the complex issues surrounding drug use.
FAQ- Frequently Asked Questions.
- What is meant by “decriminalization of drug use?
Decriminalization refers to removing criminal penalties for possessing or using small quantities of drugs for personal use. It does not mean legalization—instead, drug use is treated as a public health issue rather than a criminal offense.
- Does decriminalization increase drug use?
Research from countries like Portugal and Czech Republic suggests no significant increase in drug use. In many cases, addiction rates fell, and treatment uptake rose after decriminalization.
- How is decriminalization different from legalization?
Decriminalization removes criminal sanctions but may still impose civil penalties (like fines or mandatory treatment). Legalization allows for legal production, sale, and use of drugs under regulated frameworks.
- What are the legal risks of maintaining criminalization?
Violation of basic rights (like privacy and liberty).
Arbitrary arrests and disproportionate sentencing.
Discrimination against marginalized groups.
Hindrance in access to health services.
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