Author(s): Rami Ahmed Kadhim

Abstract: Drug issues hold great importance for researchers specializing in legal sciences in general and criminal law in particular. These issues have become a significant concern in the noble Iraqi society, as evidenced by official reports indicating a substantial increase in drug and psychotropic substance abuse crimes. The fundamental reason for this increase lies in the covert nature of these crimes, as they are often hidden and carried out clandestinely. Many times, the users are unaware that the substances they consume are drugs or psychotropic substances, indicating a deep-seated criminal danger within the user. This poses a threat to the community, as the user may potentially attack protected interests if triggered by certain stimuli.The research problem centers on the debate among authorities specialized in combating drugs and psychotropic substances, particularly the procedural view of whether the user should be treated as a victim in need of help and rehabilitation, or as an offender fully aware of the criminal nature of their behavior and its consequences. The resolution of this debate shapes the legislator's approach to criminal confrontation of drug and psychotropic substance abuse.The research concludes that addressing the phenomenon of drug abuse is both a legal and moral duty. Legally, the legislator has taken a dual approach: while imposing severe penalties on dealers and promoters, including the death penalty or life imprisonment, the approach to users is scientific, reformative, and therapeutic. This indicates a preventive policy, exempting users from punishment if they voluntarily seek treatment at specialized hospitals. This is in accordance with the provisions of the Narcotics and Psychotropic Substances Law No. 50 of 2017.The moral duty falls on all segments of society, involving awareness of the dangers of drug abuse and debunking the false justifications used by users to rationalize their entry into this self-destructive venture. Additionally, it highlights the role of social upbringing in preventing drug and psychotropic substance abuse and the negative impact of social stigma on the treatment process, which can cause withdrawal, intense disgust, and hostility towards a specific segment of society.

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