Legal Aspects Of Narcotics Abuse
A. Conceptual and Terminological Framework
Narcotics are substances or drugs derived from plants or non-plant sources, whether synthetic or semi-synthetic, which may cause a decrease or alteration of consciousness, loss of sensation, reduction or elimination of pain, and may give rise to dependence, and which are classified into categories as set forth in the annex to the Law. (Law No. 35 of 2009 concerning Narcotics).
The abuse of narcotics and illicit drugs among the younger generation has continued to increase in recent times. The prevalence of such deviant behaviour among young people may endanger the future sustainability of the nation, as the younger generation, who are expected to become the successors of the nation, are increasingly vulnerable to the harmful effects of addictive substances that damage the nervous system. As a consequence, young people may lose their ability to think clearly. Ultimately, the nation’s hopes for a resilient and intelligent generation may become nothing more than a memory. The primary targets of the distribution of narcotics are young people and adolescents. This indicates that the dangers posed by narcotics may, at any time, threaten our students and younger generation.
B. Classification and Common Types
In practice, there are several types of narcotics and psychotropic substances that are commonly abused, each of which is also known by various colloquial or market terms (street names). Such classification may be described as follows:
- Cannabis (Marijuana), also known as marijuana, pot, cimeng, grass, or weed.
- Heroin, also known as white smack or putau.
- Cocaine, also known as crack, coca leaves, or coca paste.
- Methamphetamine (Shabu), also known as ice or ubas.
- Ecstasy, also known as XTC, inex, or flipper.
- Ketamine, also known as vitamin K or special K.
- Lysergic substances, also known as acid, trip, or blotter.
- Nimetazepam and similar substances (Ermin group).
- Inhalants, including substances such as solvent-based adhesives (glue) and solvents that are inhaled to produce psychoactive effects.
- Prescription drugs, including, among others, BK pills, Tramadol, Xanax, and Sanadril, when used without a prescription or otherwise unlawfully.
C. Legal Framework Governing Criminal Offences
The criminal provisions concerning narcotics are stipulated under Law No. 35 of 2009 concerning Narcotics, which establishes, inter alia, the following categories of narcotics-related criminal offences:
1. Unlawful Possession and Control
- A person who unlawfully possesses Category I Narcotics in plant form (Cannabis) is subject to imprisonment for 4 to 12 years under Article 111 paragraph (1). Where the quantity exceeds 1 kilogram or 5 plants, the person is subject to imprisonment for 5 to 20 years under Article 111 paragraph (2).
- A person who unlawfully possesses non-plant narcotics, such as inex, ecstasy, methamphetamine, putau, heroin, or cocaine, is subject to imprisonment for 4 to 12 years under Article 112 paragraph (1). Where the quantity exceeds 5 grams, the person is subject to imprisonment for 5 to 20 years under Article 112 paragraph (2).
2. Producers
A person who unlawfully manufactures or produces narcotics is subject to imprisonment for 5 to 15 years under Article 113 paragraph (1). Where the person manufactures or produces more than 1 kilogram of plant-form narcotics or 5 grams of non-plant narcotics, the person is subject to imprisonment for 5 to 20 years under Article 113 paragraph (2).
3. Distributors
A person who unlawfully distributes narcotics is subject to imprisonment for 5 to 20 years under Article 114 paragraph (1). Where the quantity exceeds 1 kilogram or 5 plants for plant-form narcotics, or exceeds 5 grams for non-plant narcotics, the person may be subject to the death penalty under Article 114 paragraph (2).
4. Couriers
A person who acts as a narcotics courier is subject to imprisonment for 4 to 12 years under Article 115 paragraph (1). Where the quantity exceeds 1 kilogram or 5 plants for plant-form narcotics, or exceeds 5 grams for non-plant narcotics, the person may be subject to the death penalty under Article 115 paragraph (2).
5. Users
A person who uses narcotics is subject to imprisonment for 1 to 4 years under Article 127 paragraph (1). In addition, specific provisions apply to narcotics users or abusers, including the following:
- Mandatory Reporting
- Rehabilitation: Narcotics addicts and victims of narcotics abuse are required to undergo medical rehabilitation and social rehabilitation pursuant to Article 54.
- Mandatory Reporting by Parents or Guardians: The parents or guardians of adult narcotics addicts and child addicts are required to report to a Community Health Centre (Puskesmas), Hospital, or Rehabilitation Institution pursuant to Article 55 paragraphs (1) and (2), in accordance with Minister of Health Regulation No. HK.02.02/Menkes/615/2016 concerning Institutions Receiving Mandatory Reports.
- Failure to Report by Parents or Guardians: Parents or guardians of adult or child narcotics addicts who fail to make the required report may be subject to imprisonment for up to 6 months pursuant to Article 128 paragraph (1).
- Mandatory Reporting by Adult Addicts: Adult narcotics addicts are required to report to a Community Health Centre (Puskesmas), Hospital, or Rehabilitation Institution pursuant to Article 55 paragraph (2), in accordance with Minister of Health Regulation No. HK.02.02/Menkes/615/2016 concerning Institutions Receiving Mandatory Reports.
- Failure to Report by Adult Addicts: An adult narcotics addict who fails to make the required report may be subject to imprisonment for up to 6 months pursuant to Article 134 paragraph (1).
D. Public Participation
The public is afforded the broadest possible opportunity to participate in and assist with the prevention and eradication of narcotics abuse and illicit trafficking of narcotics and narcotics precursors, as provided under Article 104.
Key Points Regarding Public Participation
- Regulates the rights and opportunities of members of the public to participate in prevention and eradication efforts.
- Provides a legal basis for public participation in the prevention and eradication of narcotics abuse and illicit trafficking (P4GN).
- Is closely connected with the reporting obligation under Article 107 where a person becomes aware of a narcotics-related violation.
