DRUG abuse is not only about the abuse of hard and illegal drugs as was discussed last week. It refers to the recurrent use of illegal drugs as much as it does to the misuse of prescription and over-the-counter drugs. The consequences of abuse and misuse of all drugs are drastic and can be fatal. This is the reason there are strict laws pertaining to the use and handling of all drugs.
Ordinary people and celebrities alike fall victim to the negative consequences of drug misuse and abuse. Iconic pop singers Michael Jackson and Prince both died of overdosing on prescription painkillers. Whitney Houston and many other artistes died as a result of drug abuse.
Local drug laws Police spokesperson, Senior Assistant Commissioner Charity Charamba reported that 5 445 people were arrested for various drug-related crimes in 2015.
Drug-related crimes pertain to the selling, manufacturing and possession of drugs. The increase of usage and abuse of drugs is associated with worsening socio-economic conditions prevailing in the country.
It is illegal to import, export, sell, offer or advertise for sale, distribute, deliver, transport or otherwise deal in dangerous drugs. The same with cultivating, producing or manufacturing any dangerous drug for the purpose of dealing in it or possessing it.
Inciting another person to consume a dangerous drug, supplying or administering it or procuring it for any person or offering to do so is a serious crime.
Drug dealing refers to selling or performing any act, whether as a principal agent, carrier, messenger or any other role connected with the delivery, collection, importation, exportation, supply, administration, manufacture, cultivation, procurement or transmission.
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The Criminal Code, the Dangerous Drugs Act Chapter 15:02 and the Medicines and Allied Substances Control Act Chapter 15:03 all prescribe laws to control drugs in reference to their importation, exportation, production, possession, sale, distribution and use. Sentences for drug offences are very stiff and can be up to 10 years’ imprisonment.
Medicines and the law The intention of drug laws is not just to control and prohibit the use of hard and illegal drugs. The laws also pertains to promoting proper use and handling of medicinal drugs. The intention is to curtail improper usage and abuse and monitor distribution. The laws seek to maintain the purposes for which medicinal drugs are intended.
The risk of stealing and abusing drugs by staff who work in the medical and pharmaceutical sectors is very high. Stolen drugs find their way to the criminal underworld, the black market, to drug addicts and use in illegal activities such as backyard abortions.
Drugs legislation, therefore, has to be strict in as far as their manufacturing, selling, importation and distribution is concerned at all levels.
Skin lightening creams Drug dealing and smuggling is very high, particularly for skin lightening creams, organ enhancement pills and other off-the-radar products containing dangerous and banned substances such as mercury and hydroquinone.
Despite widespread health warnings, there is an insatiable market for dangerous skin lightening creams, pills and injectables because dark people, both men and women, are obsessed with becoming lighter-skinned. The substances are said to whiten and bleach black skin and they sell like hot cakes.
Nigeria leads the statistics with up to 75% of the population reported to use skin lightening products and 35% in South Africa.
The health problems associated with using skin lightening creams add to existing Third World problems such as hunger, war and diseases as if they are not enough for our already impoverished governments to deal with.
Drug laws have to be tough because the problems and complications caused by drug abuse and misuse are costly at national levels.
Dispensing licences It is prohibited to manufacture, sell or distribute drugs outside premises registered for that purpose such as pharmacies, clinics and hospitals.
Despite that, prescription medicines and other drugs are sold openly on the streets in unsuitable conditions by unlicensed people.
Some street hawkers have whole pharmacies going on in their bags and cardboard boxes. It is illegal to prescribe, supply or administer drugs without a licence.
Licences to dispense medicines and drugs are reserved for qualified medical personnel such as nurses, dental practitioners, pharmacists, veterinary practitioners and traditional healers in terms of their Act. Licences can be withdrawn for various breaches and criminal proceedings instituted.
There are regulations prescribing the safe custody and transportation of drugs as well as packaging and labelling in terms of industry guidelines.
It is a legal requirement for meticulous records to be kept by those involved in the manufacture, sale and distribution of drugs to furnish relevant information to the government when it is required.
Such information is vital for statistical purposes and to help in controlling drug abuse and developing government programmes.
Search and seizure The police, customs officials and other authorised personnel have the power to search any person, or place upon reasonable suspicion of possession of dangerous or unauthorised drugs. A search warrant is not needed for this purpose.
Miriam Tose Majome a lawyer and a teacher. She can be contacted on [email protected]
