عنوان مقاله [English]
The type of criminal policy adopted against addiction depends on the legal status of this phenomenon.
From the jurisprudential point of view, some believe in banning and some believe in not banning drugs.
Proponents of sanctions also differ: Some of them based on narrative evidence, some based on the unity of the criteria of drugs and intoxicants, and many based on the secondary reason of harm, ordered to ban drug use.
Regarding the legal status of drug addiction, two approaches of "legal criminalization" and "Dicriminalization" are common among lawyers and sociologists. The consequence of the first approach is prosecution and aggressive treatment of addicts, and the consequence of the second approach is to liberate drug use and try to reduce its harm.
In this article, after explaining the link between the legal status of addiction and the jurisprudential approach in this regard, the theory of "deviation of the concept of addiction" and the necessity of simultaneously avoiding the criminalization and the disease of the concept of addiction have been proposed, and its foundations and consequences have been examined.