DANGEROUS DRUGS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

PART I
Interpretation

   2   Interpretation

 

PART II
Raw Opium and Coca Leaves

   3   Import and export of raw opium and coca leaves

   4   Power to regulate the production of and dealing in raw opium and coca leaves

   5   Cultivation of opium or coca leaves

 

PART III
Prepared Opium

   6   Export or import of prepared opium

   7   Manufacturing, selling, using, etc prepared opium an offence

 

PART IIIA
Ganja

   7A   Export or import of ganja.

   7B   Cultivation, selling or dealing in or transporting ganja

   7C   Possession of ganja.

   7D   Smoking of ganja

 

PART IV
Cocaine, Morphine, etc

   8   Import and export of cocaine, etc

   8A   Cultivating, selling or dealing in or transporting cocaine, etc

   8B   Possession of cocaine, etc

   9   Control of manufacture and sale of cocaine, etc

   10   Drugs to which Part IV applies

   11   Trade, etc in new drugs, and power to apply Part IV to certain drugs

 

PART V
Control of External Trade

   12   Interpretation

   13   The export of dangerous drugs

   14   The import of dangerous drugs

   15   Dangerous drugs in transit

   16   Removal licences

   17   Drugs not to be tampered with

   18   Diversion of dangerous drugs

 

PART VI
General

   19   Licences

   20   Exporter or agent liable for contravention regarding export

   21   Powers of inspection and seizure

   21A   Offence of using the postal services for drugs

   22   Offences and penalties

   23   Power of arrest

   24   Seizure and forfeiture of vehicles

   25   Meaning of importation and exportation under licence

   26   Burden of proof

   27   Admissibility of certificate of Government Analyst

   28   Meaning of expression "conveyance" in Part VI

      SCHEDULE

 

THE DANGEROUS DRUGS ACT

[Date of Commencement: 15th April, 1948]

Cap 90.

Laws
28 of 1954,
1 of 1961,
31 of 1961.

Acts
10 of 1964,
9 of 1972,
16 of 1974,
12 of 1985,
17 of 1987,
21 of 1987,
30 of 1994.

1   Short title

   This Act may be cited as the Dangerous Drugs Act.

PART I
Interpretation

2   Interpretation

   (1) In this Act-

   "coca leaves" means the leaves of any plant of the genus of the Erythroxylaceae from which cocaine can be extracted either directly or by chemical transformation;

[12/1985 Sch.]

   "Commissioner" means the Commissioner of Customs and Excise;

   "corresponding law" means any law stated in a certificate purporting to be issued by or on behalf of the Government of any country outside the Island to be a law providing for the control and regulation in that country of the manufacture, sale, use, export, and import, of drugs in accordance with the provisions of the Hague Convention, the Geneva Convention (No. 1), or the Geneva Convention (No. 2), and any statement in any such certificate as to the effect of the law mentioned in the certificate, or any statement in any such certificate that any facts constitute an offence against that law, shall be conclusive;

   "the Geneva Convention (No. 1)" means the convention signed at Geneva, on behalf of His Majesty, on the 19 day of February, 1925, for the purpose of completing and strengthening the provisions of the Hague Convention

   "the Geneva Convention (No. 2)" means the convention signed at Geneva, on behalf of His Majesty, on the 13th day of July, 1931, for limiting the manufacture and regulating the distribution of narcotic drugs;

   "the Hague Convention" means the International Convention signed at the Hague on the 23rd day of January, 1912;

[16/1974 s 2.]

   "ganja" includes all parts of the plant known as cannabis sativa from which the resin has not been extracted and includes any resin obtained from that plant, but does not include medicinal preparations made from that plant;

   "medical opium" means raw opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral materials;

   "prepared opium" means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked;

[17/1987 s 2(b).]

   "prescribed ports or places" means ports or places prescribed by order, by the Minister;

   "raw opium" means the spontaneously coagulated juice obtained from the capsules of the papaver somniferum L. which has only been submitted to the necessary manipulations for packing and transport, whatever its content of morphine, and includes powdered or granulated opium, but does not include medicinal opium.

[17/1987 s 2(c).]

   (2) For the purposes of any penalty under this Act, any reference to an "ounce" shall-

   (a)   as respects the first such ounce, be deemed to include a part of an ounce; and

   (b)   as respects amounts exceeding an ounce or ounces, be deemed to include any part of an ounce in excess of a complete ounce or ounces, as the case may be.

PART II
Raw Opium and Coca Leaves

3   Import and export of raw opium and coca leaves

   Every person who imports or brings into, or exports from, the Island any raw opium or coca leaves except under and in accordance with a licence, and into or from prescribed ports or places, shall be guilty of an offence against this Act.

4   Power to regulate the production of and dealing in raw opium and coca leaves

   The Minister may make regulations for controlling or restricting the importation, exportation, transit, production, possession, sale, and distribution, of raw opium or coca leaves, and in particular, but without prejudice to the generality of the foregoing power, for prohibiting the production, possession, sale, or distribution, of raw opium or coca leaves except by persons licensed or otherwise authorised in that behalf.

5   Cultivation of opium or coca leaves

   (1) Every person who cultivates the opium poppy (papaver somniferum) or the coca plant (Erythroxylum coca) shall be guilty of an offence against this Act.

[30/1994 s 2(a) and (b).]

   (2) Every person who contravenes subsection (1) shall be liable-

   (a)   on conviction before a Circuit Court to a fine or to imprisonment for a term not exceeding thirty-five years or to both such fine and imprisonment,

   (b)   on summary conviction before a Resident Magistrate to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.

PART III
Prepared Opium

6   Export or import of prepared opium

   Every person who imports or brings into, or exports from, the Island any prepared opium shall be guilty of an offence against this Act.

[17/1987 s 5(a) and (b).]

7   Manufacturing, selling, using, etc prepared opium an offence

   Every person who-

   (a)   manufactures, sells, or otherwise deals in, prepared opium; or

   (b)   has in his possession any prepared opium; or

   (c)   being the occupier of any premises permits those premises to be used for the purpose of the preparation of opium for smoking or for the sale, or smoking. of prepared opium: or

[17/1987 s 5(a), (b) and (c).]

   (d)   is concerned in the management of any premises which he knows is being used for any such purpose as is set out in paragraph (c); or

   (e)   has in his possession any pipes or other utensils for use in connection with the smoking of opium, or any utensils used in connection with the preparation of opium for smoking; or

   (f)   smokes or otherwise uses prepared opium, or frequents any place used for the purpose of opium smoking,

shall be guilty of an offence against this Act.

PART IIIA
Ganja

7A   Export or import of ganja

   (1) Every person who imports or exports or takes any steps preparatory to exporting ganja shall be guilty of an offence and-

[17/1987 s 6.]

   (a)   on conviction before a Circuit Court, shall be sentenced to a fine of not less than five hundred dollars for each ounce of ganja which the Court is satisfied is the subject-matter of the offence or to imprisonment for a term not exceeding thirty-five years or to both such the and imprisonment; or

[30/1994 s 3(a).]

   (b)   on summary conviction before a Resident Magistrate, notwithstanding section 44 of the Interpretation Act, shall be liable-

         (i)   to a fine which shall not be less than three hundred dollars, nor more than five hundred dollars, for each ounce of ganja which the Resident Magistrate is satisfied is the subject-matter of the offence, so, however, that any such fine shall not exceed five hundred thousand dollars, or

         (ii)   to imprisonment for a term not exceeding three years; or

         (iii)   to both such fine and imprisonment.

[30/1994 s 3(b).]

   (2) Where there is evidence-

   (a)   that the ganja for which an accused person has been charged under this section is packaged in such a way as to make it reasonably suitable for exporting; or

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