As we mark the International Day against Drug Abuse and Illicit Trafficking on June 26 this year, it is the right time to reflect on our efforts to control drug abuse in Nepal. Even though Nepal has strict laws against drug abuse, the number of drug users in the country is increasing by more than five percent every year. This worrying trend continues even under the federal system where public health falls under the shared responsibility of the central, provincial and local governments.
At present, the Narcotic Drugs (Control) Act, 1976 is a special law governing the use of narcotic and psychotropic substances. Nepal has also been a member of the International Narcotics Control Board since 1987. This law replaced the earlier Intoxicating Substance Act, 2017 (1961) and the Intoxicating Substance Rules, 2019 (1962), meaning drug control was legally recognized even before the 1976 Act.
Despite provisions for heavy fines and even life imprisonment, drug abuse continues to rise. This clearly shows that tougher punishments alone are not enough to solve the abuse problems. There must also be other efforts such as public awareness, counseling, rehabilitation programs, and community support to reduce and prevent drug abuse effectively.
Speaking through data
The data released by the Home Ministry last year suggests that the number of illicit drug abusers in Nepal is increasing by 5.06 percent every year taking the total users to an estimated 156,821 as of mid-April, 2024. As per Nepal Drug Users’ Survey-2020, published by Home Ministry, the number of drug users in the country stood at 130,424 in 2020, which is the increment rate of 5.06 percent annually. If the survey report is something to stand by, the majority of drug abusers (69.5 percent) in Nepal are aged 20-29 years. The proportion of drug users was reported in Bagmati province (35.6 per cent) and lowest portion in Karnali (1.4 percent).
Rigorous penal regime
The Narcotic Drugs (Control) Act of 1976 prohibits the cultivation, production, purchase, sale, distribution, export, import, consumption or storage of cannabis/marijuana. The law also bans the cultivation of opium, the manufacture of narcotic drugs and the sale, purchase, possession, trafficking, import or export of such substances.
Section 14 of the 1976 Act outlines the penalties. It stipulates that if any individual found consuming cannabis/marijuana shall be punished with imprisonment for up to one month or fine of up to
Rs 2,000. A person found in consuming opium, coca or other drugs prepared out of them would be sentenced for a jail term of up to one year or up to Rs 10,000 fine. The Act also provides for 2-10 years of jail sentence and fine of Rs 100,000 to Rs 2m on a person found convicted in consuming prohibited drugs other than that of natural or artificial drugs and psychotropic substances.
Also, if a person is found with marijuana of more than 10 kilograms, the law prescribes a prison term of 2-10 years along with a fine ranging from Rs 15,000 to Rs 100,000.
If a person is found cultivating up to 25 opium or coca plants, he may be sentenced to imprisonment for one to three years and fined between Rs 5,000 and Rs 25,000. But, in case of cultivating more than 25 plants of opium, the stipulated jail term for the said offence stands at three to 10 years of jail term, and fine of Rs 25000 to Rs 200,000.
In case of trafficking of prohibited drugs, except that of cultivation and consumption of opium, coca or other drugs made out of them, of up to 25 grams, the prison term stipulated is five to up to 10 years and Five to Twenty-Five thousand rupees of fine. But, the jail term of 15 years to life imprisonment and fine of Rs 500,000 to Rs 2,500,000 has been prescribed for causing trafficking of prohibited drugs, except that of cultivation and consumption of opium, coca or other drugs made out of them, of more than 100 grams.
The way forward
The researches show that the controlled drugs, which are comparatively less expensive, are mostly used by drug abusers. The misuse of pharmaceutical drugs such as Tramadol (Opidol) tablets/capsules, Nitrazepam (Nitrosun) tablets, Pheniramine maleate (Avil) injections and Promethazine (Phenargan) injections is on the rise.
Importantly, the deployment of digital technologies such as scanners and detection systems could help identify drugs being smuggled either on individuals or within their belongings as they enter or exit Nepal. It’s imperative to have a balanced mechanism/strategy that combines legal enforcement with preventive, rehabilitative and awareness-driven interventions. There could be a new drug justice regime, where health professionals, legal experts, psychiatrists, drug experts, pharmacists and among others collaborate and cooperate, to evolve mechanisms to fight against drug abuse.
There could be no one-size-fits-all solution to tackle drug abuse. A balanced approach is needed—combining strict laws, public awareness about legal and health risks, and understanding the financial and career impacts of drug use. Observing the International Day against Drug Abuse holds real meaning only if we can reduce drug abuse and its harmful effects in everyday life.
The authors are officers serving in the judiciary
