Today, addiction is considered as one of the main problems for human being. It is nearly one century that the societies have brought this disorder into consideration and taken important measures in wide range to find an ultimate solution. In this regard, it can be said now that almost all countries have considered the drugs, drug abuse and addiction as crimes and put some punishments for those who commit these crimes. Nevertheless, you can see an increasing rate of drug abuse around the world and in Iran too. In this article, we first try to find a suitable answer to the question whether to declare the drug abuse as a crime or not. To answer this question, we have put a smart attention to different criminology and legal theories and finally we drew a conclusion about it.