Health Rights.am

Law of RA “On Narcotic Drugs and Psychotropic (Psychoactive) Substances”

This law governs the relationships in the traffic of the narcotic drugs and Psychotropic (Psychoactive) substances, as well as establishes the legal grounds of the national policy for interdiction of their illicit traffic, and the main measures in combating drug addiction for the purposes of the health protection of the citizens, the security of the state and the general public.

The law shall govern the processes that ensure the licit traffic, as well as the interdiction for the illicit traffic of the narcotic drugs and psychotropic (psychoactive) substances in the territory of the Republic of Armenia

1. The legislation of the Republic of Armenia on narcotic drugs, psychotropic (psychoactive) substances and their precursors consists of this law, other laws a legal acts.

2. If there are norms established in any international treaty of the Republic of Armenia other than stipulated by this law, then the norms in the international treaty shall prevail.

The following main terms are used in this law:

“Narcotic drugs, psychotropic (psychoactive) substances and their precursors”; means any set of natural or synthetic substances, preparations and plants, the traffic of which and the control over which in the territory of the Republic of Armenia shall be undertaken pursuant to the legislation of the Republic of Armenia and the international treaties of the Republic of Armenia, including the UN 1961 Single Convention on Narcotic Drugs, the UN 1971, Convention on Psychotropic (Psychoactive) Substances and the UN 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic (Psychoactive) Substances.

“Analogues of narcotic drugs and psychotropic (psychoactive) substances”; means the substances that are not included in the set of the narcotic drugs, Psychotropic (Psychoactive) substances and their precursors established by this law.

“Licit traffic of narcotic drugs, psychotropic (psychoactive) substances and their precursors” means the cultivation, production, manufacturing, processing, dispatch, stocking, release, sale, acquisition, use, delivery, distribution, export, import and ex termination of the narcotic drugs, psychotropic (psychoactive) substances and their precursors pursuant to the legislation of the Republic of Armenia.

“Illicit traffic of narcotic drugs, psychotropic (psychoactive) substances and their precursors” means the traffic in narcotic drugs, psychotropic (psychoactive) substances and their precursors in violation of the legislation of the Republic of Armenia (hereinafter, an illicit traffic of the narcotic drugs and psychotropic (psychoactive) substances).

“Drug addiction” means the individual’s sick physical and (or) psychological status determined by the use of the narcotic drugs or psychotropic (psychoactive) substances.

“A patient with drug addiction” means the individual that has received the diagnosis of “drug addiction” as a result of the medical examination undertaken in the manner defined by law.

“Illicit use of narcotic drugs and psychotropic (psychoactive) substances” means the use of the narcotic drugs or psychotropic (psychoactive) substances without any medical prescription.

1. The composition (list) of the narcotic drugs, psychotropic (psychoactive) substances and their precursors (hereinafter, also narcotic drugs and psychotropic (psychoactive) substances) subject to control in the Republic of Armenia, shall be approved by the Government of the Republic of Armenia.

Any amendments to the list of the narcotic drugs and psychotropic (psychoactive) substances shall be made pursuant to the procedure established by the Government of the Republic of Armenia.

2. Depending on the types and measures of control, there are such narcotic drugs and psychotropic (psychoactive) substances and their precursors specified in the list of the narcotic drugs and psychotropic (psychoactive) substances (list 1), the traffic of which is prohibited in the territory of the Republic of Armenia (he reinafter, prohibited substances), narcotic drugs and psychotropic (psychoactive) substances (list 2), the traffic of which in the Republic of Armenia is limited (hereinafter, narcotic drugs), narcotic drugs and psychotropic (psychoactive) substances (list 3), for the control over the traffic of which there are certain conditions defined in the Republic of Armenia (hereinafter, psychotropic (psychoactive) substances), such precursors (list 4), the traffic of which is limited in the Republic of Armenia, and over which there are control mechanisms established (hereinafter, precursors).

1. The national policy in the traffic (including the illicit traffic) of the narcotic drugs and psychotropic (psychoactive) substances shall constitute the licensing of the activities related to the traffic of the narcotic drugs and Psychotropic (Psychoactive) substances, the establishment of requirements set for such activities, the implementation of measures f or the use of the narcotic drugs and Psychotropic (Psychoactive) substances for health and medical-rehabilitation purposes, the registration of the narcotic drugs psychotropic (psychoactive) substances) and their traffic, the establishment of control and supervision over their traffic, as well as the campaign against drug addiction and the illicit traffic of narcotic drugs and the psychotropic (psychoactive) substances.

2. The national policy in the licit traffic and the interdiction of the illicit traffic of the narcotic drugs and psychotropic substances shall be run on the basis of program guidelines.

The principles of the national policy in the licit traffic and the interdiction of the illicit traffic of the narcotic drugs and psychotropic (psychoactive) substances are as follows:

1) the control and supervision over the traffic of the narcotic drugs and the psychotropic (psychoactive) substances;

2) the licensing of the types of activities related to the traffic of the narcotic drugs and the psychotropic (psychoactive) substances;

3) the priority interdiction of drug addiction and legal violations related to the illicit traffic of the narcotic drugs and psychotropic substances;

4) the punishability, the discharge of liability and their inevitability for the illicit traffic of the narcotic drugs and psychotropic (psychoactive) substances;

5) the state support for undertaking scientific research in the development of new forms and methods for the treatment of drug addiction;

6) the state support for combating drug addiction and for the development of the network of medical and rehabilitation institutions for the patients with drug addiction;

7) the international cooperation in interdiction of the illicit traffic of narcotic drugs and psychotropic (psychoactive) substances.

The main responsibilities of the authority (hereinafter, the authority) entrusted with the supervision of the traffic and the interdiction of the illicit traffic of the narcotic drugs, psychotropic (psychoactive) substances and theirs precursors are:

- to draft recommendations on the laws, normative legal acts regulating the traffic of the narcotic drugs, psychotropic substances and their precursors, and to furnish them to the Government;

- to draft the “list for the identification and the criteria of the narcotic drugs, psychotropic (psychoactive) substances and their precursors in the Republic of Armenia” and to furnish recommendations on amendments in it to the Government of the Republic of Armenia for approval;

- to discuss the licensing of the types of activities relating to the traffic of the narcotic drugs, psychotropic (psychoactive) substances and their precursors upon the recommendation of the public administration competent authority;

- to collect and analyze the information about the fulfillment of the obligations assumed by the Republic of Armenia under the international treaties on the regulation of the traffic of the narcotic drugs, Psychotropic (Psychoactive) substances and their compounds and to forward recommendations to the Government of the Republic of Armenia;

- to approve the list of the names and the quotas for the analogues of the narcotic drugs, psychotropic (psychoactive) substances and their precursors, the narcotic plants, instruments, equipment, computer software, scientific -practice manuals and materials subject to use by the RoA Government entrusted public administration competent authorities for the operative-investigation, expert examination, scientific, academic purposes;

- to assess the state of affairs in the area of drug addiction and drug business in the Republic of Armenia and to furnish annual statistics to the Government of the Republic of Armenia;

- to approve the vegetation season periods for the plants containing narcotic drugs and psychotropic (psychoactive) substances in the Republic of Armenia and the borderlines of the areas that are respectively subject to supervision.

To concord the actions taken by the public authorities in the traffic and interdiction of the illicit traffic of the narcotic drugs and psychotropic (psychoactive) substances, an Inter-ministerial Commission may be set up (hereinafter, the commission) upon the decision of the Government of the Republic of Armenia. The rules of procedure and the main objectives of the Commission shall be established by the Government of the Republic of Armenia.

1. The traffic of the narcotic drugs and psychotropic (psychoactive) substances in the territory of the Republic of Armenia shall be undertaken in the manner established by this law and other legal acts.

2. All the types of the activities relating to the traffic of the narcotic drugs and psychotropic (psychoactive) substances in the territory of the Republic of Armenia shall be under taken in accordance with the Republic of Armenia legislation and the international treaties of the Republic of Armenia, only after having obtained a license for the specific type of activity relating to the traffic of the narcotic drugs and Psychotropic (Psychoactive) substances.

1. The licenses for the activities relating to the traffic of the narcotic drugs and the psychotropic (psychoactive) substances shall be issue d in a complex procedure by Authorities that are entrusted by the public administration competent authority.

2. The licenses for the types of activities related to the narcotic drugs and psychotropic (psychoactive) substances shall be issued for a term of up to three years.
3. The licensing relationships in the traffic of the narcotic drugs and psychotropic (psychoactive) substances shall be governed under the Law of the Republic of Armenia on Licensing .