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The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and signed into law by President Richard Nixon. The Act also served as the national implementing legislation for the Single Convention on Narcotic Drugs.
The term narcotic originally referred medically to any psychoactive compound with sleep-inducing properties, and euphoric properties as well. In the United States, it has since become associated with opiates and opioids, commonly morphine and heroin, as well as derivatives of many of the compounds found within raw opium latex. The primary three are morphine, codeine, and thebaine.
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances.
The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and how it can be consumed and what medical conditions it can be used for. These policies in most countries are regulated by the United Nations Single Convention on Narcotic Drugs that was ratified in 1961, along with the 1971 Convention on Psychotropic Substances and the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
The removal of cannabis from Schedule I of the Controlled Substances Act, the most tightly restricted category reserved for drugs that have "no currently accepted medical use", has been proposed repeatedly since 1972.
The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research. As noted below, its major effects included updating the Paris Convention of 13 July 1931 to include the vast number of synthetic opioids invented in the intervening thirty years and a mechanism for more easily including new ones. From 1931 to 1961, most of the families of synthetic opioids had been developed, including drugs related to methadone, pethidine (meperidine/Demerol), morphinans and dextromoramide. Research on fentanyls and piritramide was also nearing fruition at that point.
The International Narcotics Control Board (INCB) is the independent and quasi-judicial control organ for the implementation of the United Nations drug conventions. It plays an important role in monitoring enforcement of restrictions on narcotics and psychotropics and in deciding which precursors should be regulated.
The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance. The Narcotic Drugs and Psychotropic Substances Bill, 1985 was introduced in the Lok Sabha on 23 August 1985. It was passed by both the Houses of Parliament, received assent from then President Giani Zail Singh on 16 September 1985, and came into force on 14 November 1985. The NDPS Act has since been amended thrice - in 1988, 2001 and 2014. The Act extends to the whole of India and it applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India.
The legal history of cannabis in the United States pertains to the regulation of cannabis for medical, recreational, and industrial purposes in the United States. Increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
Use of heroin peaked between 1969 and 1971, marijuana between 1978 and 1979, and cocaine between 1987 and 1989. A major decline in the use of opium started after the Harrison Act of 1914 was initiated.
The Convention on Psychotropic Substances of 1971 is a United Nations treaty designed to control psychoactive drugs such as amphetamine-type stimulants, barbiturates, benzodiazepines, and psychedelics signed in Vienna, Austria on 21 February 1971. The Single Convention on Narcotic Drugs of 1961 did not ban the many newly discovered psychotropics, since its scope was limited to drugs with cannabis, coca, and opium-like effects.
The use, sale, and possession of cannabis over 0.3% THC in the United States, despite state laws, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act of 1970, cannabis over 0.3% THC is considered to have "no accepted medical use" and have a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, mainly for medical and industrial use but also including recreational use.
Drug prohibition law is prohibition-based law by which governments prohibit, except under licence, the production, supply, and possession of many, but not all, substances which are recognized as drugs, and which corresponds to international treaty commitments in the Single Convention on Narcotic Drugs 1961, the Convention on Psychotropic Substances 1971, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988.
Canada's drug regulations are measures of the Food and Drug Act and the Controlled Drugs and Substances Act. In relation to controlled and restricted drug products, the Controlled Drugs and Substances Act establishes eight schedules. of drugs and new penalties for the possession, trafficking, exportation and production of controlled substances as defined by the Governor-in-Council. Drug policy of Canada has traditionally favoured punishment of the smallest of offenders, but this convention was partially broken in 1996 with the passing of the Controlled Drugs and Substances Act.
Cannabis is a plant used in Australia for recreational and medicinal use, in Australia in 2016, 35% had used cannabis in their lifetime and 10.4% used cannabis in the prior 12 months.
The International Nonproprietary Name Dronabinol, also known as Marinol and Syndros, is a trade name for a specific form of tetrahydrocannabinol, sold as an appetite stimulant, antiemetic, and sleep apnea reliever. It is approved by the FDA as safe and effective for HIV/AIDS-induced anorexia and chemotherapy-induced nausea and vomiting only.
The National Conference of Commissioners on Uniform State Laws developed the Uniform State Narcotic Drug Act in 1934 due to the lack of restrictions in the Harrison Act of 1914. The act was a revenue-producing act and, while it provided penalties for violations, it did not give authority to the states to exercise police power regarding either seizure of drugs used in illicit trade or punishment of those responsible.
Cannabis in India has been used since as early as 2000 BCE. In Indian society, common terms for cannabis preparations include charas (resin), ganja (flower), and bhang, with Indian drinks, such as, bhang lassi and bhang thandai, made from bhang, being one of the most common legal uses.
Cannabis in Italy is legal for medical and industrial uses, although it is strictly regulated, while it is decriminalized for recreational uses. In particular, the possession of small amounts of marijuana for personal use is a misdemeanor and it is subjected to fines, as well as the suspension of personal documents. Nevertheless, the unlicensed cultivation of cannabis, even if in small amounts and for exclusive personal use, is illegal and punishable with imprisonment, as is the unauthorized sale of cannabis-related products. The licensed cultivation of cannabis for medical and industrial purposes requires the use of certified seeds, however there is no need for authorization in order to plant certified seeds with minimal levels of psychoactive compounds.
The Cannabis Act (C-45) of June, 2018, paved the way to the legalization of cannabis in Canada on October 17, 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalise the possession of cannabis and that doing so does not infringe the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on October 17, 2018.
References
- ↑ United States. Commission on Marihuana and Drug Abuse (1973). Drug Use in America: Problem in Perspective: Second Report. U.S. Government Printing Office. p. 151.
- ↑ Marijuana coltivata a San Marino per curare i malati - Cronaca - ilrestodelcarlino.it
- ↑ San Marino. Istanza d’arengo inutile. Cannabis già dispensata gratuitamente ai malati. Dott. Nicolino Monachese: ”Il Sativex viene già dato ai malati di slerosi multipla” | Gi...
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