Prohibition, Control and Regulation of Narcotic Drugs and Psychotropic Substances Under The Narcotic Drugs and Psychotropic Substances Act, 1985

 The Narcotic Drugs and Psychotropic Substances Act, 1985

Prohibition, Control and Regulation of Narcotic Drugs and Psychotropic Substances

Section 8 - Prohibition of Certain Operations

1)       No one is allowed to do the following unless it's for medical or scientific purposes and follows the rules of this Act:

(1)    Cultivate coca plants or collect parts of coca plants.

(2)    Cultivate opium poppy or any cannabis plant.

(3)    Produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import across states, export out of India, or tranship any narcotic drug or psychotropic substance.

2)       Exception for Ganja: The prohibition for cultivating the cannabis plant for making ganja, or its production, possession, use, etc., will only apply from a specific date mentioned by the Central Government in an official notification.

3)       Exception for Poppy Straw: The rules do not apply to the export of poppy straw for decorative purposes.

Section 8A - Prohibition of Activities Involving Property Derived from Offence

No one is allowed to:

(1)    Convert or transfer property knowing it comes from an offense under this Act or a similar law in another country to hide its illegal source or help someone commit an offense or avoid legal consequences.

(2)    Hide or disguise the true nature, source, or location of property knowing it comes from an offense under this Act or a similar law in another country.

(3)    Knowingly acquire, possess, or use property derived from an offense under this Act or a similar law in another country.

Section 9 - Central Government's Power to Permit, Control, and Regulate

(1)    Central Governments Authority: The Central Government can create rules to allow and manage various activities related to narcotic drugs and psychotropic substances, such as cultivation, production, possession, sale, and transport.

(2)    Control Over Substances: These rules can cover activities related to coca plant, opium poppy, opium derivatives, and other substances. They can also include the possession, transport, sale, and use of specific substances like poppy straw and psychotropic substances.

(3)    Ganja Exception: The rules can specify the date when certain activities involving the cannabis plant (like making ganja) will be prohibited, as decided by the Central Government and notified officially.

(4)    Licensing and Fees: The rules can address licensing, fees, and the authority responsible for granting licenses and making decisions about these matters.

Section 9A - Power to Control and Regulate Controlled Substances

(1)    Controlled Substances: If the Central Government believes that controlling a particular substance is in the public interest because it's used in making narcotic drugs or psychotropic substances, it can issue an order to regulate or prohibit the production, supply, distribution, and trade of that substance.

(2)    Detailed Regulation: This order can specify detailed regulations, including licensing, permits, and other measures to manage the production, possession, transport, import, export, sale, purchase, consumption, use, storage, distribution, disposal, or acquisition of the controlled substance.

Section 10 - State Government's Power to Permit, Control, and Regulate Simplified:

(1)    State-Level Control: The State Government can create rules to manage various activities related to narcotic drugs

 and psychotropic substances within the state's jurisdiction. These activities include the possession, transport, import, export, sale, purchase, consumption, and use of certain substances.

(2)    Specific Provisions: The rules can specify how poppy straw, opium, cannabis, and other substances can be possessed, transported, and used within the state. They can also set the rules for licensing, fees, and the authority responsible for issuing licenses.

(3)    Warehousing: The State Government can designate places as warehouses for storing legally imported poppy straw intended for inter-state or international export. The rules can dictate the safekeeping of this stored material, fees for warehousing, and how unclaimed material is handled.

(4)    Cannabis Cultivation: Rules can define the limits and conditions for cannabis plant cultivation, ensuring that only licensed cultivators approved by the State Government engage in this activity. These rules can also address the delivery of cannabis by cultivators and the pricing for their delivered products.

(5)    Licensing: The rules can outline the licensing or permit requirements for various activities mentioned in clause (a) of sub-section (1), such as possession, sale, and use. They can also specify the authorities responsible for granting licenses and the associated fees.

Section 11 - Immunity from Distress or Attachment

Protection from Seizure: Narcotic drugs, psychotropic substances, coca plants, opium poppies, or cannabis plants cannot be seized or attached by anyone, even for recovering money owed as per any court order or decree.

Section 12 - Restrictions on External Trade

Controlled Trade: It is prohibited for anyone to engage in or control the trade of obtaining narcotic drugs or psychotropic substances from outside India and supplying them to anyone outside India without prior authorization from the Central Government. The Central Government can set specific conditions for such authorization.

Section 13 - Special Provisions for Coca Plant and Leaves

The Central Government can allow the cultivation of coca plants, gathering of coca plant portions, or the production, possession, sale, purchase, transport, import, or export of coca leaves for the creation of flavoring agents. These flavoring agents must not contain any alkaloid, and the activity should be limited to the necessary extent.

Section 14 - Special Provisions for Cannabis

The government can, through general or special orders, permit the cultivation of cannabis plants for specific purposes, such as obtaining fiber or seeds for industrial use or horticultural purposes. These activities are subject to conditions specified by the government.

Written By :  Harshavardhan Prakash Deshmukh,

Personal Account - https://www.instagram.com/bhaiyaaofficial/

B.A.LL.B. = Modern Law College, Pune

Dabangg Lawyer (80K+ Followers) - https://www.instagram.com/dabangglawyer/