Detail information regarding INCB and psychotropic substance

1. Presentation
Ashok Kumar Mourya UCMS

2. The International Narcotics Control Board (INCB) is the
independent and quasi-judicial monitoring body for the
implementation of the United Nations international drug
control conventions.
- It was established in 1968 in accordance with the Single
Convention on Narcotic Drugs, 1961. It had predecessors
under the former drug control treaties as far back as the
time of the League of Nations.
INCB (International Narcotics Control Board )

3. (Economic and social Council)

4. -The international Narcotics Control Board [INCB] is an independent, quasi-
judicial expert body established by the Single Convention on Narcotic Drugs of
1961 by merging two bodies i.e. Permanent Central Narcotics Board created by
the 1925 International Opium Convention and Drug Supervisory Body created by
1931 Convention for Limiting the Manufacture and Regulating the Distribution of
Narcotic Drugs.
-INCB has 13 members, each elected by the Economic and Social Council for the
period of five years. INCB members may be re-elected. Ten of the members are
elected from the list of persons nominated by Governments. The remaining
three members are elected from the list of persons nominated by Word Health
Organization (WHO] for their medical, pharmacological or pharmaceutical
experience. Members of the Board shall be persons who will command general
assembly by their expertise, competence, and impartibility.

5. Mission of INCB
• Administers a system of estimates for narcotic drugs and a voluntary
assessment system for psychotropic substances.
• It also monitors licit activities involving drugs through a statistical
returns system, with a view to assisting Governments in achieving,
inter alia, a balance between supply and demand.
• Monitors and promotes measures taken by Governments to prevent
the diversion of substances frequently used in the illicit manufacture
of narcotic drugs and psychotropic substances and assesses such
substances to determine whether there is a need for changes in the
scope of control of Tables I and II of the 1988 Convention;

6. Continued....
• Analyses information provided by Governments, United Nations
bodies,specialized agencies or other competent international organizations,
with a view to ensuring that the provisions of the international drug control
treaties are adequately carried out by Governments, and recommends
remedial measures.
• Maintains a permanent dialogue with Governments to assist them in
complying with their obligations under the international drug control
treaties and, to that end, recommends, where appropriate, technical or
financial assistance to be provided.

7. • INCB is called upon to ask for explanations in the event of apparent
violations of the treaties, to propose appropriate remedial measures
to Governments that are not fully applying the provisions of the
treaties or are encountering difficulties in applying them and, where
necessary, to assist Governments in overcoming such difficulties. If,
however, INCB notes that the measures necessary to remedy a
serious situation have not been taken, it may call the matter to the
attention of the parties concerned, the Commission on Narcotic
Drugs and the Economic and Social Council. As a last resort, the
treaties empower INCB to recommend to parties that they stop
importing drugs from a defaulting country, exporting drugs to it or
both. In all cases, INCB acts in close cooperation with Governments.
Continued......

8. Vision
- As regards the licit manufacture of drug, trading and rational use
of drug, INCB effort to ensure that adequate supplies of drug are available
for medical and scientific uses and that the diversion of drugs from licit
sources to illicit channel does not occur. INCB also monitor Government
control over chemical used in the illicit manufacture of drugs and assists
them in preventing the diversion of those chemicals into the illicit track.
-As regards the illicit manufacture of drug, trading and use of drug, INCB
identifies weaknesses in national and international control systems and
contributes to correcting such situations. INCB is also responsible for
assessing chemicals used in illicit manufacture of drug in order to determine
whether they should be placed under international control or not.

10. Convention:-
The Single Convention on Narcotic Drugs, 1961:-
It is an international treaty
that controls activities (production, supply, trade, use) of specific narcotic drugs
and establishes a system of regulations (licenses measures for treatment,
research, etc.) for their medical and scientific uses.
The treaty updated the Paris Convention of 13 July 1931, to include the vast
number of synthetic opioids invented in the intervening 30 years and to add 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.
Earlier treaties had only controlled opium, coca, and derivatives such as
morphine, heroin, and cocaine.

11. The Single Convention, adopted in 1961, consolidated those treaties and
broadened their scope to include cannabis and other substances with effects
similar to drugs already covered.
The Commission on Narcotic Drugs and the World Health Organization were
empowered to add, remove, and transfer drugs among the treaty's four
schedules of controlled substances.
The International Narcotics Control Board was put in overall control of drug
production, international trade, and dispensation. The United Nations Office on
Drugs and Crime (UNODC) was delegated the Board's daily monitoring of each
country and working with national authorities to ensure compliance with the
Single Convention.
This treaty has since been supplemented by the Convention on
PsychotropicSubstances, which controls LSD, MDMA, and other psychoactive
pharmaceuticals, and the United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances, which strengthens provisions
against money laundering and other drug-related offenses.

12. 2The Convention on Psychotropic Substances of 1971:-
It is a United Nations treaty designed to control psychoactive
drugs such as amphetamine-type stimulants, barbiturates, benzodiazepines,
and psychedelics signed in Vienna, Australia on 21 February 1971. The Single
Convention on Narcotic Drugs of 1961 did not ban the many newly discovered
psychotropics,[1] since its scope was limited to drugs with cannabis, coca and
opium-like effects.
During the 1960s such drugs became widely available, and government
authorities opposed this for numerous reasons, arguing that along with
negative health effects, drug use led to lowered moral standards. The
Convention, which contains import and export restrictions and other rules
aimed at limiting drug use to scientific and medical purposes, came into force
on 16 August 1976. As of 2013, 183 member states are Parties to the treaty.

13. • Many laws have been passed to implement the Convention, including
the Canadian Controlled Drugs and Substances Act, the UK Misuse of
Drugs Act 1971 and the U.S. Psychotropic Substances Act. Adolf
Lande, under the direction of the United Nations Office of Legal
Affairs, prepared the Commentary on the Convention on Psychotropic
Substances. The Commentary, published in 1976, is an invaluable aid
to interpreting the treaty and constitutes a key part of its legislative
history.

14. 3:-The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances of 1988.
It Is one of three major drug control treaties currently in force. It provides
additional legal mechanisms for enforcing the 1961 Single Convention on
Narcotic Drugs and the 1971 Convention on Psychotropic Substances. The
Convention entered into force on November 11, 1990. As of June 2020, there are
191 Parties to the Convention.[2] These include 186 out of 193 United Nations
member states.
The 1988 Convention was introduced following the political and sociological
developments in the 1970s and 1980s. The growing demand for cannabis,
cocaine, and heroin for recreational purposes, mostly in the developed world,
triggered an increase of illicit production in geographical areas where cannabis,
coca, and opium had been traditionally cultivated.

15. Continued......
The Preamble notes that previous enforcement efforts have not stopped
drug use, warning of "steadily increasing inroads into various social groups
made by illicit traffic in narcotic drugs and psychotropic substances." It
cautions that the drug trade and related activities "undermine the
legitimate economies and threaten the stability, security and sovereignty
of States." The sense of urgency is underscored by the image of innocent
boys and girls being exploited.
Children are used in many parts of the world as an illicit drug
consumers market and for purposes of illicit production, distribution and
trade in narcotic drugs and psychotropic substances, which entails a
danger of incalculable gravity.

16. International convention objectives on Narcotic Drugs:-
a. Objectives of the 1961 Single Convention on Narcotic Drugs:
-To replace the previous international agreements had been reached since
the International Opium Convention is not in a very systematic manner.
- It includes new provisions that did not appear in the previous treaties and
creates a universal system of drug control.
- This system is clearly intolerant and prohibitionist towards the production and
supply of narcotic drugs except for their production and supply for medical and
scientific purposes.
- The 1961 Single Convention expanded existing control measures to cover the
cultivation of plants from which narcotics are derived.
- These provisions placed an especially heavy burden on the traditional producer
countries in Asia, Latin America and Africa where the cultivation and widespread
traditional use of opium poppy, coca leaf and cannabis were concentrated at the
time.

17. -The Single Convention set the target of abolishing traditional uses of
opium within 15 years and traditional uses of coca and cannabis within 25
years,
Objectives of the 1971 Convention on Psychotropic Substances:-
The idea of negotiating this new treaty was to respond to the
diversification of drug use with the objective of controlling a whole new range
of psychoactive substances such as amphetamine,barbiturates,benzodiazepines
and psychedelic drugs [Like LSD].
Schedule 1:- includes substances which are said to pose a serious risk to public
health and which are not currently recognized by the Commission on Narcotic
Drugs [CND] as having any therapeutic value. These include LSD and MDMA [3,
4-Methylenedioxy methamphetamine].

18. Schedule I:-includes amphetamine-type stimulants considered to have limited
therapeutic value as well as some analgesics and Tetrahydrocannabinol (THC].
Schedule III:-includes barbiturate products which have fast or average effects and
subjected to serious abuse although being therapeutically useful along with
Flunitrazepam and some analgesics such as Buprenorphine.
Schedule IV:- includes some weaker barbiturates such as phenobarbital along with
other hypnotics, hypnotic anxiolytics, benzodiazepines and some weaker
stimulants.

19. Psychotropic Substance :-
• Psychotropic Substance means any substance natural or synthetic or
any salt or preparation of such substance or material, which is
included in the list of psychotropic substances specified in the
schedule.
Or,
A drug or other substance that affects how the brain works and causes
changes in mood, awareness, thoughts, feelings, or behavior. Examples
of psychotropic substances include alcohol, caffeine, nicotine,
marijuana, and certain pain medicines. Many illegal drugs, such as
heroin, LSD, cocaine, and amphetamines are also psychotropic
substances. Also called psychoactive substance

20. Explanation :-
Coca, Hemp, Opium and other related substances are excellent drugs.
▸ Though they are excellent drugs but they are habit forming substances.
➤ These drugs are also called as “dangerous drugs”, because they are
misused for euphoria and addiction.
> Due to degenerative effects of these drugs, government of different
countries restricts their use.
Certain restrictions on cultivation, manufacture and trade of dangerous
drugswere implemented by this act.

21. Objectives :-
1.To amend and consolidate the existing law related to narcotic drugs.
2.To provide a healthy and social life.
3.To Control and regulate the operation related to Narcotic drugs and psychotropic
substance.
4.Prevention of illicit trafficking of these dangerous drugs.
5.Prevention of people becoming addict to the drugs.

22. Evolution of law :-
In 1878, The Opium act of 1857 was first revised. The Opium act of
1878 was revised as Opium and Revenue Laws act in 1950.The above
mentioned acts were repealed on 16th September 1985 and Act 61 of
NDPSA (Narcotic Drug and Psychoactive Substances)1985 was
enforced.
In 1989, some ammendment occur in NDPSA.
Constitutions and Functions of Narcotic and psychotropic
Consultative committee.
1) The central government may appoint Narcotic commissioner to take
measures for preventing and reducing abuse and illicit traffic of
Narcotic drugs and psychotropic substances.

23. Continued.......
2) The Narcotic commissioner shall exercise all powers and perform all functions
related to the cultivation of the opium poppy and production of oplum either by
himself or through subordinate officers.
3) He shall also perform other functions which may be assigned to him by central
government, All the appointed officers are under the control of central government.
4) This act also used to appoint such officers by the state government with such
designations as it thinks fit for this purpose.
5) Other Provisions of this act
(a) The constitution of an advisory committee appointed by the central government to
be called The Narcotic Drugs and Psychotropic Substances Consultative Committee.
(b) Establishment of the National Fund for control of Drug Abuse. It meets the
expenditure incurred in concentration with the then for reducing illicit traffic in or
regulating abuse of narcotic drugs and psychotropic substances.

24. Schedules of Act
• In this act, the schedule provides the list of psychotropic substances.
• At present, there are 76 substances.
• There are 4 schedules and 7 forms in the rule.
• In October 1992, the rule was amended.
• There are 4 schedules in this act.
• The 4 schedules are:
1)Schedule – I
2) Schedule – II
3) Schedule – III
4) Schedule - IV

25. Schedule 1:-
Under this schedule. It provides the list of prohibited import and export of
these dangerousdrugs in India.
Total, 41 drugs are listed in this schedule. Narcotic drugs like Cannabis, Coca
leaf,Atropine.Psychotropic substances like Camazepam,Tetrazepam and
Bromazepam.
Schedule 2:-
In this schedule. It provides the list of drugs, that requires special compliance
for export after obtaining the permission.
→ This schedule is used to prevent misuse of drugs
that takes place during transport.
Drugs like butalbital, Buprenorphine and cathine are present.

26. Schedule 3-
Under this schedule. It provides the list of psychotropic substances can be
import into and export from India.
Total, 45 drugs are listed in this schedule. Psychotropic substances like
lysergine,cyclobarbitol,Ethylidene. Dexamphetamine.
Schedule 4:-
In this schedule, It provide the list of prohibited 22 narcotic drugs and
psychotropic substances for export to other countries.

27. Conclusions:-
This act provides strict provisions related to Narcotic drugs and
psychotropic substances.
Because of this act, no person can possess, consume and transport of
these drugs. This will protects the public health by preventing the drug
abuse.