Prescription of the High Risk Narcotics and Trading or Illicit Purchasing of High Risk Narcotics

• Author: Nicoleta-Elena Buzatu
• Position: Senior Lecturer, PhD. Candidate, 'Dimitrie Cantemir' Christian University, Romania
• Pages: 40-44

European Integration - Realities and Perspectives

2012

40

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Prescription of the High Risk Narcotics and Trading or Illicit

Purchasing of High Risk Narcotics

Nicoleta-Elena Buzatu

1

Abstract: The present essay will analyze the offence of prescribing high ri sk narcotics and t rading or illicit

purchasing of high risk narcotics, as it was regulated - together with other offences - by Law no 143 of July

26, 2000 on p reventing and f ighting against the traffic and illicit consumption of narcotics. The same law

defines the meaning of such a phrase “s ubstances which are under national control” by mentioning the fact

that they are the narcotics and their precursors listed in Annexes I-IV of the law. The analysis of the offence

of prescribing the high risk narcotics and trading or illicit purchasing of high risk narcotics is following the

already known structure mentioned in the doctrine and which consists of: object and subjects of the offence,

its constituent content: t he objective side with its mater ial element, the immediate consequence and causality

connections; the subjective si de of the offence, as well as forms and modalities of these offences, and the

applicable sanctions, of course.

Keywords: offence; doctor; pharmacist; patient; consumer

1. Introduction

All through history the narcotics phenomenon witnessed an ascending evolution. In Antiquity they

were used by the healers as medicine or in therapeutic aims. So, for example, in 2

nd

century BC, the

Greek Physician Heraclid of Trent - known to be the best empirical physician, author of treaties on

dietetics, surgery, therapeutics, toxicology, pharmacology, military medicine, etc. - used naturist

remedies as: pepper, cinnamon and especially opium for sedation and hypnosis.

While being correctly and rationally administered, they played a benefic role in medicine. Yet,

unfortunately, they started to be used abusively and, in the long run, they turned to be a really serious

problem for the whole humanity, a real social plague. (Rcanu, 2008) (Rcanu & Zivari, 2002)

In the current speech the term “narcotics” means products and stupefacient or toxic substances,

defined as such and, consequently, prohibited by the national and international legislations.

The specialized Health Agency of the United Nations - the World Health Organization - defines the

“drug” as being that substance that once absorbed by a living body modifies one or more functions of

the respective body. In conformity with the latest recommendations of this international body, the

substances or classes of psychoactive substances (narcotics) that provoke such modifications and

generate dependency are: alcohol, opiates, cannabis derivates, sedatives and hypnotics, cocaine,

hallucinogens, tobacco, volatile solvents, as well as other psychoactive substances or substances

belonging to other different classes, used by association.

Pharmaceutically speaking, the “drug” is a substance used in medicine, but whose abusive u sage may

lead to physical or psychical dependency or to serious mental disturbances, as perception or behaviour

(Dasclu et al., 2009). In this context “drugs” are only those substances known also under the general

name of “stupefacients”.

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Senior Lecturer, PhD. Candidate, “Dimitrie Cantemir” Christian University, Romania, 176 Splaiul Unirii, sector 4,

Bucharest, Tel.: +4(021)330.79.00, Corresponding author: nicoleta_buzatu@yahoo.com.