NDPS and related Flashcards
International law governing the control of drugs is composed primarily of UN conventions:
zz The Single Convention on Narcotic Drugs of 1961 (as amended in 1972)
zz Convention on Psychotropic Substances of 1971
zz United Nations Convention against illicit traffic in Narcotic Drugs and Psycho- tropic Substances of 1988.
National Policy on Narcotic Drugs and Psychotropic Substances is based on
on the directive Principles, contained in Article 47 of the Indian Constitution, which direct the State to endeavor to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drugs injurious to health.
Narcotic Drugs and Psychotropic Substances (NDPS) Act YEAR AND AMMENDMENTS
Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985
Act was amended once in 1989 and subsequently in 2001 and 2014
Addict
means a person who has dependence on any narcotic drug or psychotropic substance
Narcotic drug
eans coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs
‘’Psychotropic substance”
means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule
Controlled substance”
means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any International Convention, by notification in the Official Gazette, declare to be a controlled substance
“Cannabis (hemp)” means-
Charas, Ganja and Any mixture of two.
Act excludes Bhang, Alcohol and Nicotine
“Licenced chemist” means
a person who has obtained a licence to possess, sell, exhibit or offer for sale or distribution by retail, essential narcotic drugs
“Licenced dealer”
means a person who has obtained a licence to possess, sell, exhibit or offer for sale or distribution by wholesale, essential narcotic drugs
“Essential narcotic drugs’’
the opioids identified for medical use (pain relief or OST, approved by the Drug Controller General of India. includes - Morphine, Methadone, Codeine, Hydrocodone, Oxycodone, and Fentanyl (which central government can notify on the basis of expediency in medical practice).
Offence and penalties under NDPS Act.
non bailable and non cognisable
SMALL, COMMERCIAL QUANTITY
amphetamine: 2g, 50 g
BPN : 2G, 20G
CHARAS/ HASHISH: 20G, 500 G
COCAINE: 1 KG, 20 KG
GANJA 5 G, 250 G
MDMS 0.5 G, 10 G
METHAMPETHAMINE 2G, 50 G
MORPHINE 5 G, 250 G
POPPY STAW 1KG , 50 KG
Punishment:
For small quantity 1 year rigorous imprisonment or a fine up to ` 10,000 or Both.
For commercial quantity: 5–10 years rigorous imprisonment or a fine of 1–2 lac or Both
zz Buprenorphine is a ——-
zz Methadone is a ——
zz Buprenorphine is a ‘’psychotropic’’
zz Methadone is a ‘’Narcotic’’
Guidelines for Stocking and Dispensing Essential Narcotic Drugs in Medical Institutions as per NDPS Act
Narcotic of relevance to deaddiction psychiatry practice: Methadone, Tramadol.
Background of problem statement: In India, despite need of opioids for good palliative care and opioid substitution therapy, use is not much preferred by health professionals. Complicated rules and regulations along with problems related to attitude and knowledge regarding pain relief and opioids substitution therapy among medical professionals and public are major hindrances for poor access to opioids.
The Amended NDPS Act 2014
zz Expanded the scope of the Act to include Medical and Scientific Use
zz Prepared a notified list of Essential Narcotic Drugs [ENDs], i.e. the opioids identified for medical use, approved by the Drug Controller General of India.
zz The notified list of ENDs currently includes - Morphine, Methadone, Codeine, Hydrocodone, Oxycodone, Tramadol and Fentanyl
zz It defined ‘Recognized Medical Institutions’ (RMIs) with criteria for stocking and
dispensing opioids for medical use.
zz Conferred the powers for authorizing medical institutions as RMIs, for stocking and
dispensing ENDs, to a single state agency - the State Drug Controller-SDC/Commissioner,
Food & Drug Administration-FDA
zz Those Institutions fulfilling the criteria to be RMIs, may apply to the State Drug Controller-
SDC/Commissioner, Food and Drug Administration - FDA, to procure and dispense ENDs. zz The authorization of RMIs is for periods of 3 years, and renewable from the same agency.
Prerequisites for Registered Medical Institute (RMI):
zz The institution must have an Officer in-charge of Essential Narcotic Drugs within the RMI responsible for managing Essential Narcotic Drugs at the RMI
zz The Office in-charge must be a qualified doctor and registered with the Medical Council of India or the Dental Council of India and be trained in the medical use of opioids.
zz The institution must have the facility for safe storage for ENDs; a double locking system e.g. a cupboard with two locks.
zz The facility should have basic infrastructure facilities and staff for evaluating and managing the treatment of the patients who would need ENDs.
zz The facility should provide proof of space and personnel for the mandated record keeping
zz The facility should have capacity to maintain a register of consumption for each opioid as given in Forms provided with the Rules.
Process of Recognizing Medical Institution to Stock and Dispense ENDs
- training
- applying ro state drugs controller for RMI status
- inspection and authorisation for RMI PUrpose
- order of purchase of ENDs
- receipt of consignment
- maintaining stocks and records
- vigilance of left over stock
renewal of recognition in 3 yrs
Guidelines for individual Registered Medical Practitioners:
Any individual Registered Medical Practitioner [RMP] may hold a small stock of ENDs as indicated below, for emergency purposes in her/his own practice, without any special authorisation.
zz Morphine formulations—total quantity not > 500 mg
zz Codeine formulations—not > 2000 mg
zz Hydrocodone—total quantity not > 320 mg
zz Fentanyl—2 TD patches one each of 12.5 mg/h and 25 mg/h zz Oxycodone—total quantity not > 250 mg
zz Methadone—the upper limit of quantity is not yet mentioned in the Rules. If the RMP requires to stock more than the quantity mentioned, she/he can apply using Form 3B to the state drug controller/FDA officer to request for the same and receive special permission for period of three years.
Charas
charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation of resin known as hashish oil or liquid hashish
Ganja
;
(b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and
Cannabis (hemp)
(iii) “cannabis (hemp)” means—
(a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish;
(b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and
(c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom;
(iv) “cannabis plant” means any plant of the genus cannabis;
coca derivative” means—
(a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly,
for the manufacture of cocaine;
(b) ecgonine and all the derivatives of ecgonine from which it can be recovered; (c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and
(d) all preparations containing more than 0.1 per cent. of cocaine;
Coca leaf
a) the leaf of the coca plant except a leaf from which all ecgonine, cocaine and any other
ecgonine alkaloids have been removed;
(b) any mixture thereof with or without any neutral material,
but does not include any preparation containing not more than 0.1 per cent. of cocaine;
Coca plant
plant of any species of the genus Frythroxylon;
Opium
a) the coagulated juice of the opium poppy; and
(b) any mixture, with or without any neutral material, of the coagulated juice of the opium
poppy,
but does not include any preparation containing not more than 0.2 per cent. of morphine;
Opium derivatives
a) medicinal opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any other pharmacopoeia notified in this behalf by the Central Government, whether in powder form or granulated or otherwise or mixed with neutral materials;
(b) prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking and the dross or other residue remaining after opium is smoked;
(c) phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts;
(d) diacetylmorphine, that is, the alkaloid also known as dia-morphine or heroin and its salts;
and
(e) all preparations containing more than 0.2 per cent. of morphine or containing any diacetylmorphine;
Opium poppy
a) the plant of the species Papaver somniferum L; and
(b) the plant of any other species of Papaver from which opium or any phenanthrene alkaloid can be extracted and which the Central Government may, by notification in the Official Gazette, declare to be opium poppy for the purposes of this Act;
Poppy straw
poppy straw” means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom
Punishment forcultivation of opium, cannabis or coca withoutliceuse
Upto 10 years and I lac fine
Embezzlement of opium by licensed farma
10 - 20yrs and 1-2 lac regardless oftquantity
External dealing in trade, procuring or sending outside India
10 - 20yrs and 1-2 lac regardless oftquantity
Knowingly allowing one’s place to be used for offense
Same as offense
Violation pertaining to controlled sub
10 yrs and 1-2 lac
Financing traffic and harboring offenders
10-20 yr and 1-2 lac
Attempts, abetment and criminal conspiracy
Same as offense
Preparation of offense
Half of offense
Repeat offense
1.5 times punishment, sometimes deatg
Consumption of drugs
- cocaine, morphine, heroin : 1 yr , 20000 or both
Others: 6 m, 10000 or both
If seeking treatment, immunity against prosecution
