ARRANGEMENT OF SECTIONS
1 Short title
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
6 Export or import of prepared opium
7 Manufacturing, selling, using, etc prepared opium an offence
7A Export or import of ganja.
7B Cultivation, selling or dealing in or transporting ganja
7C Possession of ganja.
7D Smoking of ganja
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
Control of External Trade
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
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
THE DANGEROUS DRUGS ACT
[Date of Commencement: 15th April, 1948]
28 of 1954,
1 of 1961,
31 of 1961.
10 of 1964,
9 of 1972,
16 of 1974,
12 of 1985,
17 of 1987,
21 of 1987,
30 of 1994.
This Act may be cited as the Dangerous Drugs Act.
(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;
"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.
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.
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.
(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.
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).]
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.
(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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