Drug Abuse, Crime, & Deviance: A Psycho-legal Perspective on Drug Peddling & the Case for Marijuana Legalization in India

Forbidden pleasures alone are loved immoderately; when lawful, they do not excite desire. — Marcus Quintilian.

Introduction

Drug abuse and drug-related crimes are pressing issues affecting young and adult populations alike, often leading to cycles of dependency, mental health challenges, and legal consequences. Drug peddling and the deviant behaviors associated with substance abuse impact not only the users but also the society at large through increased crime, law enforcement burdens, and public health implications. This article examines the legal framework in India related to drug offenses, the complex chemical structures of common abused drugs, and the psychological impact of drug abuse. Additionally, we explore the contentious topic of marijuana legalization, its potential benefits, and the reasons for reconsidering its criminalization.

Drug Abuse and Crime in India

In India, drug abuse has seen an alarming rise, especially among young people. While there are socio-economic and cultural factors contributing to drug use, the accessibility to drugs and peer pressure also play significant roles. Studies indicate that a substantial proportion of drug users are below the age of 35, highlighting a significant public health and legal concern.

Substance abuse is often associated with crime as users may turn to illegal activities to fund their habits. This connection between drugs and crime results in a dual problem—an increased burden on the judicial and correctional systems and an amplified need for rehabilitation. Common crimes related to drug abuse include theft, violent offenses, and drug peddling. The latter, in particular, forms a vicious cycle where users transition into sellers to sustain their habits, thus perpetuating the problem.

The Legal Landscape: Laws Pertaining to Drugs in India

India's primary law governing drug-related offenses is the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985, which regulates the manufacture, sale, purchase, and consumption of narcotic drugs and psychotropic substances. The Act criminalizes possession, trade, and trafficking of a list of substances including heroin, cocaine, and cannabis.

The penalties under the NDPS Act vary based on the quantity involved, with severe punishments for those caught with commercial quantities intended for distribution. Minor quantities, generally associated with personal use, result in lighter penalties but nonetheless contribute to the burden in the criminal justice system. The NDPS Act has undergone amendments to differentiate between addicts and traffickers, recognizing addiction as a health issue in some cases.

However, critics argue that the NDPS Act still does not offer adequate support for rehabilitation and recovery, especially considering the complex psychosocial drivers of drug abuse.

Chemical Structures of Common Drugs

Each drug has a unique chemical structure that influences its effect on the brain:

1. Cannabis (THC - Tetrahydrocannabinol): The main psychoactive compound in marijuana, THC binds to cannabinoid receptors in the brain, inducing relaxation, altered perception, and euphoria.
2. Heroin (Diacetylmorphine): Derived from morphine, heroin binds to opioid receptors, providing intense pain relief and euphoria but highly addictive, often leading to dependency and overdose.
3. Cocaine (Benzoylmethylecgonine): This powerful stimulant affects dopamine reuptake, leading to euphoria and increased energy but with severe health risks.
4. Amphetamines (Methamphetamine): Amphetamines increase dopamine release, creating heightened alertness and energy, but have neurotoxic effects and are highly addictive.

Psychological Perspectives on Drug Abuse

Psychologically, drug abuse is linked to numerous factors, including stress, trauma, and environmental influences. Substance abuse often begins as a coping mechanism for mental health issues such as depression, anxiety, and unresolved trauma. Dopamine release from drugs reinforces these behaviors, making users dependent on substances for emotional regulation.

For youth, the appeal of drug use is often compounded by risk-taking behaviors and social influences. Peer pressure, identity crises, and a search for belonging can drive young people to experiment with drugs. Adults, on the other hand, may turn to drugs as a means of escape from life stressors, including work pressures, family conflicts, and financial instability.

The Case for Marijuana Legalization in India

Marijuana, despite its inclusion under the NDPS Act, has distinct properties and potential benefits that make its criminalization controversial. Globally, countries are re-evaluating marijuana’s legal status, recognizing its medicinal and economic potential. India, a nation with a long history of cannabis use in traditional medicine, could benefit from a similar perspective shift. Here’s why:

1. Reduction in Legal Burden

Marijuana-related cases occupy a significant portion of court resources and law enforcement manpower. Decriminalizing marijuana could reduce this burden, allowing the judicial system to focus on more severe cases.

2. Medical Benefits

Scientific research shows marijuana’s potential in treating chronic pain, epilepsy, anxiety, and chemotherapy-induced nausea. Cannabidiol (CBD), a non-psychoactive component, has proven medical applications, especially in pain and mental health treatment.

3. Economic Potential

Legalization could open avenues for regulated markets, similar to those established in the U.S. and Canada, creating employment opportunities and generating tax revenue. Regulated production could also curb illegal trafficking and ensure safe, controlled distribution.

4. Social and Cultural Context

Marijuana has historically been used in India for religious and medicinal purposes. Criminalizing it has only heightened its allure, especially among youth. Legalizing it under controlled circumstances could demystify the substance and reduce its "forbidden appeal."

Legal status of Marijuana across various jurisdictions:

The legal status of marijuana varies widely across jurisdictions worldwide, with many countries adapting cannabis laws to address medicinal, recreational, and industrial use, each with unique regulatory frameworks.

In countries like Canada and Uruguay, recreational cannabis is fully legal. Uruguay was the first country to legalize cannabis in 2013, where citizens can purchase it in pharmacies or join cannabis clubs. Canada legalized it in 2018, allowing adults to buy, possess, and cultivate cannabis. Thailand also fully legalized cannabis in 2022, focusing on medicinal benefits and allowing recreational use under strict regulations.

In Europe, legalization varies significantly. Germany recently permitted limited recreational cannabis in 2024, where adults can possess up to 25 grams and grow small amounts. The Netherlands has long decriminalized personal cannabis use, especially through its "coffee shop" model, though technically, it remains illegal. Malta became the first EU country to legalize recreational cannabis use in 2021, permitting small-scale personal cultivation and possession. Meanwhile, Portugal decriminalized all drugs for personal use, focusing on rehabilitation rather than criminal penalties, a model often praised for reducing drug abuse rates.

In the United States, marijuana remains federally illegal but is fully legal for recreational use in 24 states as of 2024, with 38 states permitting medicinal use. The legalization trend has been particularly strong on the West Coast and in the Northeast, as states like California, Colorado, and New York have embraced full legalization frameworks.

Some countries maintain a more restricted approach, where medicinal use is legal but recreational use is prohibited. Australia has medical cannabis regulations and permits recreational use only in the Australian Capital Territory. Costa Rica, Colombia, and Argentina also allow medicinal use and decriminalize small amounts for personal possession. In contrast, many Asian and Middle Eastern countries continue to enforce strict prohibition, with severe penalties for possession and use in places like Singapore, Japan, and Saudi Arabia.

Conclusion

The cycle of drug abuse, crime, and deviance demands a comprehensive approach, with laws that focus on rehabilitation over punishment for minor offenders, education programs to inform young people about the risks of drug abuse, and mental health resources to address underlying issues. Marijuana legalization could be a progressive step forward for India, minimizing undue criminal charges, easing the burden on courts, and unlocking the therapeutic benefits of cannabis.

India's path toward effective drug regulation must balance public health, safety, and personal freedom while addressing the underlying socio-psychological issues that drive drug abuse.

Some reliable references:

1. Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985 – This Act provides comprehensive legal coverage on drug regulation in India, available through official government or legal portals like the Ministry of Law and Justice of India.
2. United Nations Office on Drugs and Crime (UNODC) – UNODC provides global reports and studies on drug abuse, including demographic data, health risks, and trends in drug use, accessible through UNODC’s official site.
3. National Survey on Extent and Pattern of Substance Use in India (2019) by the Ministry of Social Justice and Empowerment – This survey provides detailed statistics on drug use across different demographics in India. It's available on government sites like the Ministry of Social Justice.
4. National Institute on Drug Abuse (NIDA) – For insights into the psychological impact of various drugs and their chemical structures, NIDA’s resources on substances such as THC, heroin, cocaine, and amphetamines are useful. Visit NIDA’s official site.
5. "Cannabis and cannabinoids in clinical practice" (2018) - This paper covers medical applications of cannabis, including cannabidiol (CBD) research, accessible through academic databases like PubMed or ResearchGate.
6. Global perspectives on marijuana legalization – Studies and articles from journals like The International Journal of Drug Policy and The Lancet Psychiatry offer insights into the impact of marijuana legalization in other countries, which can be helpful in contextualizing potential benefits for India.
7. "The Economic and Social Benefits of Marijuana Legalization" - Research on the economic implications of cannabis regulation in legalized states, available through economic and legal journals like The American Journal of Economics and Sociology.
8. Press Information Bureau (PIB), Government of India – The PIB often releases updates and perspectives from the government on current discussions surrounding drug policy in India, found at pib.gov.in.