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Abstract

Substance abuse is a primordial dilemma for mankind and human societies, and all societies face its direct/indirect effects to varying degrees. The extent and manner of implementing legal rules and regulations in dealing with social challenges and problems in any society depend on its governing political and cultural ideas, while each of these norms grows from its related political and cultural thought. Therefore, knowing each of these criteria requires knowing the context of its creation. Regarding the necessity to effectively deal with the phenomenon of substance abuse, and given deficits in principles such as "moralism" and "harming others", the principle of "legal patriarchy" seems more appropriate in making effective interventions in the social problems rooted in substance abuse. In the Islamic Republic of Iran’s criminal justice system, according to Article 71 of the Constitution, this intervention must be performed "within limits prescribed by the Constitution." This principle shows that the authority of the Islamic Consultative Assembly in setting criminal regulations and criminalization is not unlimited but is subject to the restrictions provided in the Constitution. Additionally, according to the fourth principle of the Constitution, criminalization by the Islamic Consultative Assembly must be within limits prescribed by the Islamic principles (Nikzad, Abbas, 2004, 29). Thus, the present study uses survey methods and library studies to examine the principles of addiction criminalization in the criminal justice system of Iran.