The harmful effects of drugs have been well and widely documented over many centuries. It is a fact that drugs harm not only the direct consumers, but also the society in which the drug users live. Costs of drugs to non-users include secondary smoke which is harmful to their health, increased crime, and the costs incurred on hospitalization of many of drug users who develop medical conditions including cancers, liver diseases, Hepatitis and HIV, asthma, pharyngitis and rhinitis (Amar, 2006). Drug use is also associated with increased instances of criminal behaviour (Gfroerer, 2000). In appreciating the myriad adverse effects of drugs, policy-makers all over the world have banned some substances which are classified as drugs, and regulated the use of others. For instance, some countries ban cigarette smoking in all public spaces and set aside specific points where smokers visit to smoke. Unlike tobacco, some other drugs are outlawed and the possession, trade in or use of such substances makes one liable for arrest and prosecution. This paper focuses on the classification of narcotics and the prosecution for narcotics-related cases.
Classification of narcotics
Most countries, and the United Nations, list hundreds of substances as narcotics. Save for scientific and medical purposes, the production, manufacture, export, import, distribution of, trade in, use and possession of these drugs is highly regulated by respective enforcement agencies (European Legal Database on Drugs, 2008). Narcotics are classified as follows
Schedule I narcotics are comprises drugs whose users are known to develop serious dependence on these drugs and must therefore take them frequently and in increasing amounts for satisfaction. The addictive nature of these drugs intensifies the risk of abuse as users must seek regular and frequent doses. Further, these drugs have no known medicinal or therapeutic value. Their use is restricted to research purposes only and even then, researchers must seek permission to use such substances from the Food and Drug Administration or from the relevant regulatory agencies. Drugs falling under schedule I include marijuana, mescaline, heroin, peyote, methadone and opium (Addiction Science European Legal Database on Drugs, 2008).
Schedule II envelops substances which are allowed for medical use. Though they also carry the risk of abuse liabilities, this risk is normally lower than that presented by Schedule I substances. Pharmacists stock Schedule II substances and physicians can prescribe them. However, pharmacists are required to keep special dispensation records and must observe specific storage requirements stipulated by the drug regulatory agencies. Schedule II substances include amphetamine, methamphetamine, coccaine, levorphanol, amobarbital, pentobarbital, phencycyclidine, dihydrocodeine (Addiction Science European Legal Database on Drugs, 2008).
Schedule III substances include substances in Schedule II plus others which are considered as posing a smaller risk of abuse liability. They have known and documented medical value and can thus be dispensed by pharmacists. Unlike Schedule II substances for which refills are not allowed, and for which one must present a written prescription, Schedule III substance users can refill their supplies and can order the substances over telephone. Schedule III substances include paregoric, chlorphentermine, anabolic steroids, preparations of codeine and propiram (Addiction Science European Legal Database on Drugs, 2008).
Schedule IV substances include those classified as Schedule III. The only difference is that Schedule IV substances are considered as harbouring an even lower risk of abuse liability. Schedule IV substances are permitted for medical use and can be obtained using written or telephone prescriptions. Substances in this schedule include chloral hydrate, chlordiazepoxide, diazepam, flunitrazepam, meprobamate, methohexital and phenobarbital (Addiction Science).
It is worth noting that drugs do not remain in the same classes for ever. Instead they can be rescheduled depending on new scientific information on their medical values or increasing dangers of such substances. If a substances that was previously banned is found have substantial medical use, it can be rescheduled to make it available to those who may need it. If, on the other hand, a substance which was considered less dangerous is found more dangerous, and poses a higher risk of physical or psychological dependence on users, it can be rescheduled so that its use is regulated more stringently, or it can be banned.
Conviction for drugs case
Successful conviction for a drug-related case requires that prosecuting agents provide strong and sufficient evidence. The conviction of suspects arrested in possession of illegal substances is the easier. It is more difficult to marshall sufficient enough evidence against indviduals who have no drugs on them at the time of arrest. Some of most notorious drug barons oversee the running of their drug empires and may only come into the drugs briefly. It is because of such reasons that law enforcement agencies must dig deeper for the evidence to convict such people.
Substance use is on the increase internationally and drug traffickers are coming up with newer, faster and more effective ways of conducting their trade while reducing their chances of arrest. It is thus necessary that enforcement agencies keep up with the drug kings. Careful and effective analysis of drugs ensures that the enforcement agencies, prosecutors and the judges know the exact drugs in question and the penalties such drugs attract. It would be a tragedy to set free a drug trafficker or user simply because the drugs presented as evidence were analysed poorly so that they warrant acquittal or a lenient penalty when they should attract long prison sentences or heavy fines.
There are instances where successful conviction leans heavily on the keen documentation and presentation of the chain of custody. A chain of custody gives details of how drugs seized from suspect are handled until they are presented as exhibit during trial. A complete chain of custody must comprise three elements account of all persons who handle the seized drugs from the minute of seizure to the time they are presented in court, testimony of the authenticity of the evidence, and guarantee that the evidence remains in the same condition from seizure to trial. The chain of custody strengthens the case against the offender, in favour of the prosecution (Legal Dictionary). On the other hand, it gives the offender the chance to challenge the evidence presented as evidence. If chain of custody is not documented well, the offender may take advantage to disown the seized drugs. Offenders also see their chance to challenge the prosecution if evidence is collected and analysed poorly.
That an increasingly large number of people are using drugs at all levels is not in question. While some of these substances are legal and beneficial (medically), others are not only illegal but also dangerous. The harmful effects of these substances necessitate the introduction and enforcement of measures to govern their use. Drugs are thus categorised into schedules depending on their harmful effects and benefits associated with their use. Laws are also put in place to prosecute and judge people convicted on drug-related charges. As shown above, law enforcement agents must present water tight evidence against such offenders to ensure successful and appropriate convictions.
Classification of narcotics
Most countries, and the United Nations, list hundreds of substances as narcotics. Save for scientific and medical purposes, the production, manufacture, export, import, distribution of, trade in, use and possession of these drugs is highly regulated by respective enforcement agencies (European Legal Database on Drugs, 2008). Narcotics are classified as follows
Schedule I narcotics are comprises drugs whose users are known to develop serious dependence on these drugs and must therefore take them frequently and in increasing amounts for satisfaction. The addictive nature of these drugs intensifies the risk of abuse as users must seek regular and frequent doses. Further, these drugs have no known medicinal or therapeutic value. Their use is restricted to research purposes only and even then, researchers must seek permission to use such substances from the Food and Drug Administration or from the relevant regulatory agencies. Drugs falling under schedule I include marijuana, mescaline, heroin, peyote, methadone and opium (Addiction Science European Legal Database on Drugs, 2008).
Schedule II envelops substances which are allowed for medical use. Though they also carry the risk of abuse liabilities, this risk is normally lower than that presented by Schedule I substances. Pharmacists stock Schedule II substances and physicians can prescribe them. However, pharmacists are required to keep special dispensation records and must observe specific storage requirements stipulated by the drug regulatory agencies. Schedule II substances include amphetamine, methamphetamine, coccaine, levorphanol, amobarbital, pentobarbital, phencycyclidine, dihydrocodeine (Addiction Science European Legal Database on Drugs, 2008).
Schedule III substances include substances in Schedule II plus others which are considered as posing a smaller risk of abuse liability. They have known and documented medical value and can thus be dispensed by pharmacists. Unlike Schedule II substances for which refills are not allowed, and for which one must present a written prescription, Schedule III substance users can refill their supplies and can order the substances over telephone. Schedule III substances include paregoric, chlorphentermine, anabolic steroids, preparations of codeine and propiram (Addiction Science European Legal Database on Drugs, 2008).
Schedule IV substances include those classified as Schedule III. The only difference is that Schedule IV substances are considered as harbouring an even lower risk of abuse liability. Schedule IV substances are permitted for medical use and can be obtained using written or telephone prescriptions. Substances in this schedule include chloral hydrate, chlordiazepoxide, diazepam, flunitrazepam, meprobamate, methohexital and phenobarbital (Addiction Science).
It is worth noting that drugs do not remain in the same classes for ever. Instead they can be rescheduled depending on new scientific information on their medical values or increasing dangers of such substances. If a substances that was previously banned is found have substantial medical use, it can be rescheduled to make it available to those who may need it. If, on the other hand, a substance which was considered less dangerous is found more dangerous, and poses a higher risk of physical or psychological dependence on users, it can be rescheduled so that its use is regulated more stringently, or it can be banned.
Conviction for drugs case
Successful conviction for a drug-related case requires that prosecuting agents provide strong and sufficient evidence. The conviction of suspects arrested in possession of illegal substances is the easier. It is more difficult to marshall sufficient enough evidence against indviduals who have no drugs on them at the time of arrest. Some of most notorious drug barons oversee the running of their drug empires and may only come into the drugs briefly. It is because of such reasons that law enforcement agencies must dig deeper for the evidence to convict such people.
Substance use is on the increase internationally and drug traffickers are coming up with newer, faster and more effective ways of conducting their trade while reducing their chances of arrest. It is thus necessary that enforcement agencies keep up with the drug kings. Careful and effective analysis of drugs ensures that the enforcement agencies, prosecutors and the judges know the exact drugs in question and the penalties such drugs attract. It would be a tragedy to set free a drug trafficker or user simply because the drugs presented as evidence were analysed poorly so that they warrant acquittal or a lenient penalty when they should attract long prison sentences or heavy fines.
There are instances where successful conviction leans heavily on the keen documentation and presentation of the chain of custody. A chain of custody gives details of how drugs seized from suspect are handled until they are presented as exhibit during trial. A complete chain of custody must comprise three elements account of all persons who handle the seized drugs from the minute of seizure to the time they are presented in court, testimony of the authenticity of the evidence, and guarantee that the evidence remains in the same condition from seizure to trial. The chain of custody strengthens the case against the offender, in favour of the prosecution (Legal Dictionary). On the other hand, it gives the offender the chance to challenge the evidence presented as evidence. If chain of custody is not documented well, the offender may take advantage to disown the seized drugs. Offenders also see their chance to challenge the prosecution if evidence is collected and analysed poorly.
That an increasingly large number of people are using drugs at all levels is not in question. While some of these substances are legal and beneficial (medically), others are not only illegal but also dangerous. The harmful effects of these substances necessitate the introduction and enforcement of measures to govern their use. Drugs are thus categorised into schedules depending on their harmful effects and benefits associated with their use. Laws are also put in place to prosecute and judge people convicted on drug-related charges. As shown above, law enforcement agents must present water tight evidence against such offenders to ensure successful and appropriate convictions.
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