NDPS and related

Question 1

International law governing the control of drugs is composed primarily of UN conventions:

Answer 1

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.

Question 2

National Policy on Narcotic Drugs and Psychotropic Substances is based on

Answer 2

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.

Question 3

Narcotic Drugs and Psychotropic Substances (NDPS) Act YEAR AND AMMENDMENTS

Answer 3

Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985

Act was amended once in 1989 and subsequently in 2001 and 2014

Question 4

Addict

Answer 4

means a person who has dependence on any narcotic drug or psychotropic substance

Question 5

Narcotic drug

Answer 5

eans coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs

Question 6

‘’Psychotropic substance”

Answer 6

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

Question 7

Controlled substance”

Answer 7

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

Question 8

“Cannabis (hemp)” means-

Answer 8

Charas, Ganja and Any mixture of two.
Act excludes Bhang, Alcohol and Nicotine

Question 9

“Licenced chemist” means

Answer 9

a person who has obtained a licence to possess, sell, exhibit or offer for sale or distribution by retail, essential narcotic drugs

Question 10

“Licenced dealer”

Answer 10

means a person who has obtained a licence to possess, sell, exhibit or offer for sale or distribution by wholesale, essential narcotic drugs

Question 11

“Essential narcotic drugs’’

Answer 11

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).

Question 12

Offence and penalties under NDPS Act.

Answer 12

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

Question 13

zz Buprenorphine is a ——-
zz Methadone is a ——

Answer 13

zz Buprenorphine is a ‘’psychotropic’’
zz Methadone is a ‘’Narcotic’’

Question 14

Guidelines for Stocking and Dispensing Essential Narcotic Drugs in Medical Institutions as per NDPS Act

Answer 14

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.

Question 15

The Amended NDPS Act 2014

Answer 15

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.

Question 16

Prerequisites for Registered Medical Institute (RMI):

Answer 16

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.

Question 17

Process of Recognizing Medical Institution to Stock and Dispense ENDs

Answer 17

1. training
2. applying ro state drugs controller for RMI status
3. inspection and authorisation for RMI PUrpose
4. order of purchase of ENDs
5. receipt of consignment
6. maintaining stocks and records
7. vigilance of left over stock

renewal of recognition in 3 yrs

Question 18

Guidelines for individual Registered Medical Practitioners:

Answer 18

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.

Question 20

Charas

Answer 20

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

Question 21

Ganja

Answer 21

;
(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

Question 22

Cannabis (hemp)

Answer 22

(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;

Question 23

coca derivative” means—

Answer 23

(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;

Question 24

Coca leaf

Answer 24

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;

Question 25

Coca plant

Answer 25

plant of any species of the genus Frythroxylon;

Question 26

Opium

Answer 26

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;

Question 27

Opium derivatives

Answer 27

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;

Question 28

Opium poppy

Answer 28

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;

Question 29

Poppy straw

Answer 29

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

Question 30

Punishment forcultivation of opium, cannabis or coca withoutliceuse

Answer 30

Upto 10 years and I lac fine

Question 31

Embezzlement of opium by licensed farma

Answer 31

10 - 20yrs and 1-2 lac regardless oftquantity

Question 32

External dealing in trade, procuring or sending outside India

Answer 32

10 - 20yrs and 1-2 lac regardless oftquantity

Question 33

Knowingly allowing one’s place to be used for offense

Answer 33

Same as offense

Question 34

Violation pertaining to controlled sub

Answer 34

10 yrs and 1-2 lac

Question 35

Financing traffic and harboring offenders

Answer 35

10-20 yr and 1-2 lac

Question 36

Attempts, abetment and criminal conspiracy

Answer 36

Same as offense

Question 37

Preparation of offense

Answer 37

Half of offense

Question 38

Repeat offense

Answer 38

1.5 times punishment, sometimes deatg

Question 39

Consumption of drugs

Answer 39

• cocaine, morphine, heroin : 1 yr , 20000 or both
  Others: 6 m, 10000 or both
  If seeking treatment, immunity against prosecution