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>Illegal drug sales via web should be criminalised says >INCB > > >In its Annual Report released yesterday (3 March >2004), the International Narcotics Control Board >(INCB) draws attention to an increase in cyber >trafficking of pharmaceutical products containing >internationally controlled substances. > >Citing uneven and lax implementation of laws governing >the Internet, the Board urges Governments to take a >more proactive stand. To support legal action in such >cases, Governments should ensure that illicit >trafficking and the diversion of pharmaceutical >products containing narcotic drugs or psychotropic >substances are established as criminal offences. > >Such offences should be punishable by sanctions >commensurate with their gravity. In some recently >seized Internet pharmacies in the United States, >nearly 90 per cent of the orders were for >internationally controlled substances, including >hydrocodone, diazepam and alprazolam, substances for >which increasing numbers of drug abuse emergency room >admissions are reported. Besides being shipped by mail >within the country, these Internetordered substances >are also smuggled by mail to other countries. > >Psychotropic substances offered for sale through the >Internet have been shipped from Asian countries to >European countries and the United States. Significant >quantities have been intercepted in mail centres in >Thailand and India. Pakistan has also been identified >as one country of origin of such illegal shipments >ordered via Internet pharmacies. Customs authorities >in Switzerland have intercepted many mail deliveries >from Pakistan. Even Ritalin (methylphenidate), an >amphetamine-type stimulant controlled under the 1971 >Convention on Psychotropic Substances, has been sold >via the Internet. > >The substance, which was placed in Schedule II of the >1971 Convention because of its high abuse risk, was >advertised on some Internet pharmacy sites as a mild >and harmless stimulant. Such advertisements are not >only in violation of Article 10 of the 1971 >Convention, which prohibits direct to patient >advertising, but are a serious potential danger to the >customers of these pharmacies. > >Such illicitly operating Internet pharmacies cater to >three vulnerable groups of customers: poly-drug >abusers who take large quantities of these >pharmaceutical products, former patients who became >addicted to such drugs during treatment and cannot >stop the habit, and people who buy prescription >medicines via the Internet because such orders do not >involve doctors' visits, can be comfortably placed >from home and may be cheaper. > >However, without medical advice and examination, this >last group of customers may easily become addicted to >such medication. A major reason for such risky >behaviour is the dangerously widespread perception >that misuse and abuse of pharmaceutical products is >not as harmful as the abuse of illicitly manufactured >drugs. Internet pharmacies, which can operate from any >part of the world, play a major role in the increasing >illicit supply of pharmaceutical products containing >narcotic drugs and psychotropic substances. > >Illegally operating Internet pharmacies do not require >a doctor's prescription or just offer on-line or >telephone consultations. Controlling Internet >pharmacies is a complicated task, because these >pharmacies are operating all over the world and can >and do relocate their business in case of strengthened >legislative and law enforcement efforts in a >particular country. > >Different national laws and regulations make it very >difficult to consistently identify and investigate >illicit use of the Internet. In addition, the sheer >volume of letters and parcels shipped on a daily basis >makes it extremely difficult for law enforcement >agencies to detect illicit shipments and to identify >sources of illicit supply. It appears that some >Internet pharmacies have established themselves as >regular providers for internationally controlled >substances not only to patients residing within the >country but also routinely to customers residing >outside their country. > >Thus, not only are they breaking the law in their own >countries, they are also undermining the national laws >of the countries they export to, and of course, the >provisions of international treaties. Orders of >psychotropic substances via the Internet without >medical prescription contravene the 1971 Convention. >Import and export authorizations are required for >international trade by the 1971 Convention and by >Economic and Social Council resolutions. Such >activities involving Internet pharmacies and mail >order shipments may also be in contravention of those >provisions of the 1971 Convention, whereby Parties to >the Convention are required to license all trade in >psychotropic substances, including export and import >trade. > >In case suppliers of psychotropic substances are >acting in contravention of the above-mentioned treaty >obligations, they should be punishable under national >law. The Board also notes with concern that the >judiciary in many countries still does not attribute >adequate severity to diversions and trafficking of >licitly manufactured controlled substances. It also >calls upon national authorities to ask the judiciary >to ensure that sufficient importance and adequate >penalties be attributed to such offences. > >Examples of successful dealings with offenders over >recent years show the necessity for increased >cooperation between national authorities within >countries, such as law enforcement, customs and mail >administration, as well as international cooperation >between law enforcement and customs authorities.

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