NLR Journal
Comparative Study Of Recreational Drug Laws With Reference To India, USA And Canada
By Abhinav P Nair, School of Law, Christ University.*
Abstract
Recreational drugs have been treated differently across different countries, even though it is the same commodity. We do observe a greater difference in the way these have been treated across India, USA and Canada. India has the most stringent laws as compared to the USA and Canada, even though the latter is a forward and developed country. The crime rates vary and are greatly influenced by the consumption of drugs by criminals, but the crime rates of all these countries do not justify India having such stringent laws. The USA has a crime rate of 6.67 per 100,000, Canada has a crime rate of 1.97 per 100,000 and 373 per 100,000 in India. When we observe the above statistics, it can be reasonably inferred that Canada and the USA are doing much better in terms of crime rate statistics. In India, recreational drugs are prohibited by the narcotics drugs and psychotropic substances act, and measures taken are very stringent as well. In the USA, the regulation of drugs and narcotics is made by federal laws as well as state laws of different states as well. Here we can see a disparity in these state laws where some states allow the consumption of some drugs, and others prohibit them completely. In Canada, drug prohibition is through the controlled drugs and substances act which does see the absence of some drugs which is seen in the laws of other countries. The present research follows a doctrinal research methodology. The questions which are answered are how drugs have a role in the crime rates, which drug prohibition law in the above-mentioned countries is the most effective one. The decriminalization of some acts might lead to more benefit to society.
Research Questions:
a. Whether drugs have a role to play in the crime rates?
b. Which drug prohibition law in the above-mentioned countries is the most effective one?
Keywords: Recreational Drugs, India, USA, Canada, Crime Rate, NDPS Act.
* The author is a third-year student pursuing B.B.A. LL.B. from School of Law, Christ University, Bangalore.
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