Are you or any of your
friends or family members been subjected to drug test or mo so anticipating a
mandatory drug test by any authority including BNCA and RBP?
1 .Who
can test you?
An agency designated by Bhutan Narcotic Control Agency
(BNCA) has authority to carry
a drug test on you or your property for screening and testing of substance or sample provided under under Section 85 of the Narcotic Drugs, Psychotropic Substance and Substance Abuse Act (NDPSSA) 2015.
a drug test on you or your property for screening and testing of substance or sample provided under under Section 85 of the Narcotic Drugs, Psychotropic Substance and Substance Abuse Act (NDPSSA) 2015.
2. When
can you or your property can be tested?
You can be tested for drug abuse under Section 85 of NDPSSA
Act 2015, if there is a credible information that you cause public
nuisance or poses probable risk to the public and is under reasonable ground
suspected to have consumed or consuming any substances controlled under this
Act in any public place or if you are suspected to possess goods contains
controlled substance listed under Schedules I to V of this Act with or without
authorization.
3. Can
you decline the drug test? and if you decline, how can the authority test
you for drug abuse?
Yes, you can refuse to do the test. In case, if you refuse to give
the test, as per Section 86 of NDPSSA Act, then the Authority has duty to
take the samples from you as per the Civil and Criminal Procedure
Code (CCPC) 2001 as amended in 2011. Since, generally your urine is
taken as sample for screening test, Section 185.1 of CCPC states that "Due
discretion should be exercised for invasive procedures (i.e.bodily fluids).
Further, it is the duty of the authority to give a reasonable notice and you
also have the right to Jabmi (Counsel) present during the test to ensure that
sample is taken fairly.
4. Is
the first test (Screening test) final? Is it 100% accurate? Can it be
challenged if you think, it is not correct or have doubt over the result?
It is only a field test or screening test, thus, it is not 100%
accurate and go wrong for various reasons including contaminated instruments,
wrong procedures, similar chemicals in the urine showing the preliminary
positive test for controlled substances, or other factors. Therefore, yes, you
can challenge the screening test results. If you challenge the test
results, it is the duty of Narcotic Control Board to establish Confirmatory
Laboratories to conduct confirmatory test which may probably be qualitative
chemical analysis to determine the actual content of the sample. That result
will be final and binding.
5. In case, if you are addicted to drugs or use
drugs but want to stop, what rights do you have.
a.
First, under Section 40 of NDPSSA Act 2015, you can voluntarily submit meaning
you can visit any counseling services such as drop-in-centers, hospital, or
even to BNCA or RBP asking for them to help you. If you do this, then
your information will be kept confidential including identity and it is the
duty of the government to help you to get out of the problem.
b. Second, under Section 48-50 of NDPSSA Act 20015,
even if you arrested by any agency, you still get to go for compulsory treatment
and rehabilitation or counseling depending on the problem you have. It is
called compulsory submission and if you repeat more than three times, then you
can be imprisoned upto less than 3 years under Section 153 of NDPSSA Act 2015.
c.
Third, if you complete
the rehabilitation and treatment or counseling, under Section 50 of NDPSSA Act
2015, you are entitled to equal opportunities for jobs and other opportunities
to help assimilate into the mainstream
6. What is the
objective of NDSSA Act 2015
The
preamble makes it clear that, this law was enacted to create awareness on ill
effects of drug use including taking proactive prevention measures and to
provide treatment and rehabilitation and
also social re-integration when prevention fails and of course to punish those involved
in illicit trafficking of these drugs.
7. Why drug addiction is a diseases
It is considered a life long disease due to so many reasons. Here is the link where you will get the accurate and comprehensive explanation of this topic . This link is from an American Medical Associations
Thank you and SAY NO TO DRUGS
