Concept of Dangerous Drug and Legal Liability: An Analytical Study

Ram Shankar

doi:10.53724/lrd/v4n2.03

Authors

Ram Shankar Assistant Professor, School of Studies in Law, Jiwaji University Gwalior, Madhya Pradesh Pin-474011. https://orcid.org/0000-0002-4354-9875

DOI:

https://doi.org/10.53724/lrd/v4n2.03

Keywords:

Dangerous drugs, Legal liability, Controlled substances, Drug regulation, Criminal liability, Civil liability, Drug enforcement, Public health, Drug policy, Substance abuse laws

Abstract

The concept of a "dangerous drug" refers to any substance that poses a significant risk to public health, safety, and welfare due to its potential for abuse, addiction, or harmful side effects. This paper examines the various definitions and classifications of dangerous drugs under international and national laws, exploring the implications for legal liability across different jurisdictions. Legal liability related to dangerous drugs encompasses both criminal and civil responsibilities for individuals and entities involved in their manufacture, distribution, prescription, and consumption. Key legal frameworks, such as the Controlled Substances Act in the United States and the Misuse of Drugs Act in the United Kingdom, highlight the legal obligations and potential penalties for violations. The paper also analyzes recent case law and regulatory changes, emphasizing the evolving nature of liability as public health priorities and societal attitudes towards certain drugs change. By exploring the interplay between legal definitions, enforcement practices, and public policy, this paper aims to provide a comprehensive understanding of the legal landscape surrounding dangerous drugs and their associated liabilities.

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References

Kumar, M., & Garg, R. (2020). Textbook of Pharmaceutical Jurisprudence. SIA Publishers & Distributors Pvt Ltd.

Kokate, C. K., & Gokhale, S. B. (2023). Textbook of Forensic Pharmacy (2nd ed.). Pharma Med Press/BSPBooks.

Web URL: https://www.slideshare.net/simplyrosell/ra9165presentation

Web URL: https://www.slideshare.net/marviejoyceante/revised-dangerous-drug-act

Raw, N. (1931). Dangerous Drugs. Transactions of the Medico-Legal Society for the year…, 25(1), 140-166.

Dr. N. V. Paranjape: Criminology and Criminal Administration: Central Law Publication Allahabad: Edition Sixth, 2011.

Paraschandra Jain: Narcotic Drugs and Psychotropic Substances Act and Rules: India Publishing Company, Indore: Bilingual Edition 2007.

Berman, D. A. (2018). "Drug Abuse and the Law: Legal Responsibilities and Liabilities in the Regulation of Narcotics." In Journal of Law, Medicine & Ethics, Vol. 46(2), 275-282.

Lynch, T. (2016). "Pharmaceutical Liability: Legal Issues and Implications." Journal of Health Law and Policy Review, Vol. 9(3), 342-360.

Reidenberg, M. M. (2013). "Legal and Ethical Responsibilities for Drug Safety." New England Journal of Medicine, Vol. 369, 1867-1869.

United Nations Office on Drugs and Crime (UNODC). (2021). "World Drug Report 2021." Retrieved from https://www.unodc.org

Lurie, P., & Zieve, M. (2012). "Pharmaceutical Company Liability for Drug-Induced Harm." Journal of Law and Medical Ethics, Vol. 40, 231-243.

Morse, S. J. (2017). "Criminal and Civil Liability for Drug Manufacturers: A Legal Analysis." American Journal of Law & Medicine, Vol. 43(1), 45-66.

Food and Drug Administration (FDA). (2020). "Regulation of Dangerous Drugs and Legal Liability of Pharmaceutical Companies." Retrieved from https://www.fda.gov.