Abstract

The present paper deals with the approach of criminal law towards drug sales in cyberspace. ‎Drug sales in cyberspace is an emerging phenomenon remained unaddressed to this date from ‎criminal law’s perspective. The increasing trend of using the Internet and cyberspace for ‎example in the field of drug sales on one hand and the drug sale due to its association with the ‎health of people in society on the other hand make it necessary to present this paper. The ‎essential question on this regard is that what is the approach of criminal law towards drug sales ‎in cyberspace? This is an analytic-descriptive study conducted using the library method to ‎address the above mentioned question. The research findings suggest that the legislator is silent ‎in respect to drug sales in cyberspace by pharmacies, while the sale of non-medicinal items in ‎cyberspace such as complementarians has been deemed to be legal for sale, with a specific ‎instruction even being established in this regard. Regarding the drug sales, however, the ‎legislator has neither criminalized nor authorized it, thus based on the offence legality principle ‎it seems that there is no legally prohibition on drug sales by pharmacies on the Internet. The ‎situation is however different about the drug trafficking and the sale of false or scarce drugs in ‎cyberspace. Trafficking and the sale of false and scarce drugs by anyone, including pharmacies ‎in cyberspace, are considered criminal and have a clear criminal sanction. Due to the increasing ‎role of the Internet and cyberspace in the world today, it seems that there is a need for specific ‎rules and regulations for online drug sales, as shifting from offline to online approaches has ‎made it necessary in all areas, including the drug provision and distribution‎‎‎‎‎‎‎‎‎‎‎‎‎.