The Dangerous Drugs Act

8/3/2019 The Dangerous Drugs Act

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DANGEROUS DRUGS

THE DANGEROUS DRUGS ACTARRANGEMENT OF SECTIONS

1. Short title.PART . lnterprefafion

2. Interpretation.PART11. Raw Opium and C m a 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.

PARTIII. Prepared Opium6. Export or import of prepared opium.7. Manufacturing, selling, using, etc., prepared opium an offence.

PARTIIIA. Ganja7 ~ .xport or import of ganja.7 ~ . ultivation, selling or dealing in or transporting ganja.7c. Possession of ganja.7 ~ .moking of ganja.

PART V. Cocaine. Morphine, etc.8. Import and export of cocaine, etc.

8 ~ .ultivadting, selling or dealing in or transporting cocaine, etc.
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DANGEROUS DRUGS 3Cap.90. MOLEEM,Laws28 of 1954,1of 1961,31 of 1961.A cb10of 1964.9 of 1972sch.16of 1974,

sch.17 of 1987,21 of 1987,

THE DANGEROUS DRUGS ACT[152h April, 1948.1 12 1985

1. This Act may be cited as the Dangerous Drugs Act. shorttitlePART . Interpretation

2.-( 1) In thisAct- Interpret.-tion.coca leaves means the leaves of any plant of the genusof the Erythroxylaceae from which cocaine can beextracted either directly or by chemical transforma-tion;

Commissioner means the Commissioner of Customs and , 3 ! 9 8 5Excise;corresponding law means any law stated in a certificatepurporting to be issued by or on behalf of the Govern-ment of any country outside the Island to be a lawproviding for the control and regulation in that coun-try of the manufacture, sale, use, export, and import,of drugs in accordance with the provisions of theHague Convention, the Geneva Convention (No. 11, orthe Geneva Convention (No. 2), and any statement inany such certificate as to the effect of the law mentioned

in the certificate, or any statement in any such certi-ficate that any facts constitute an offence against thatlaw, shall be conclusive;the Geneva Convention (No. 1) means the convention

signed at Geneva, on behalf of His Majesty, on the19th day of February, 1925, for the purpose of com-pleting and strengthening the provisions of the HagueConvention;-- F e nclusion of this page is authorized by L.N. 9/1!396]


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4 DANGEROUS DRUGSthe Geneva Convention (No. 2) means the conventionsigned at Geneva, on behalf of His Majesty, on the13th day of July, 1931, for limiting the manufactureand regulating the distribution of narcotic drugs;the Hague Convention means the International Conven-

tion signed at the Hague on the 23rd day of January,1912;ganja includes all parts of the plant known as cannabissativa from which the resin has not been extracted andincludes any resin obtained from that plant, but doesnot include medicinal preparations made from thatplant;medicinal opium means raw opium which has undergonethe process necessary to adapt it for medicinal usein accordance with the requirements of the BritishPharmacopoeia, whether it is in the form of powderor is granulated or is in any other form, and whetherit is or is not mixed with neutral materials;prepared opium means opium prepared for smoking andincludes dross and any other residues remaining afteropium has been smoked;prescribed ports or places means ports or places prescribed

by order, by the Minister;raw opium means the spontaneously coagulated juiceobtained from the capsules of the papaver somniferumL. which has only been submitted to the necessarymanipulations for packing and transport, whatever itscontent of morphine, and includes powdered or granu-lated opium, but does not include medicinal opium.(2) For the purposes of any penalty under this Act,

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

1611974s. 2.

1711987s. 20-0.

17l1987 any reference to an ounce shall-[The inclusionof this page is authorized by LJN.79/ 9%]


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D A N G E R O U S DRUGS( b ) as respects amounts exceedng an ounce or ounces,be deemed to include any part of an ounce inexcess of a complete ounce or ounces, as the casemay be.

5

PART 1. Raw Opium and Coca Leaves3. Every person who imports or brings into, or exports h p o t t a n d

opumexport offrom, the Island any raw opium o r coca leaves except underand in accordance with a licence, and into or from pie- c$!Fscribed ports or places, shall be guilty of an offence againstthis Act.4. T h e Minister may make regulations for controlling or Power torestricting the importation, exportation, transit, production, productionpossession, sale, and distribution, of raw opium or coca ing in mw

leaves, and in particular, but without prejudice to thegenerality of the foregoing power, for prohibiting the pro-duction , possession, sale, or distribution, of raw opium orcoca leaves except by persons licensed or otherwise author-ized in that behalf.

regulate theof and deal-opium andcoca eaves.

5.-(1) Every person who cultivates the opium poppy Cultivationof opium or3011994S. 2 (a).

(2 ) Every person who contravenes subsection (1).30/1994S. 2 (b).

(papaver somniferum) or the coca plant (Erythroxylum COCacoca) shall be guilty of an offence against this Act.shall be liable-

( a ) on conviction before a C ircuit Court to a fine or toimprisonment for a term not exceeding thirty-fiveyears or to both such fine and imprisonment;( b ) on summary conviction before a Resident Magis-trate to a fine not exceeding five hundred thousanddollars or to imprisonmen t for a term not exceed-

ing five years or to both such fine and imprison-ment.[The inclusion of this page is authorized by L.N. 79/1996]

R / G 8


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6 D A N G E R O U S DRUGSPART II. Prepared Opium

6. Every person who imports or brings into, or exportsfrom, the Island any prepared opium shall be guilty of an

Export orpreparedimport ofopium.S. 6.

1987 oEence against this Act.

Manufac- 7. Every person who-tunng, sell-etc., prt-Dareding, using. (4opiuman offence.1711987S . 5 (a), (7b).

(b )(d

17/1987s. 5(c).

manufactures, sells, or otherwise deals in, pre-pared opium; orhas in his possession any prepared opium; orbeing the occupier of any premises permits thosepremises to be used for the purpose of the prepara-tion of opium for smoking or for the sale, orsmoking, of prepared opium; oris concerned in the management of any premiseswhich he knows is being used for any such purposeas is set out in paragraph (c); orhas in his possession any pipes or other utensilsfor use in connection with the smoking of opium,or any utensils used in connection with the pre-paration of opium for smoking; orsmokes or otherwise uses prepared opium, orfrequents any place used for the purpose of opiumsmoking,

shall be guilty of an offence against this Act.

1711987 PART IIA. GanjaExport orimport ofw j a .

S. 6.7A.41)Every person who imports or exports or takes

any steps preparatory to exporting ganja shall be guilty ofan offence and-F e nclusion of this page is authorized by L.N.79119961


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DANGEROUS DRUGS 6.01on conviction before a Circuit Court, shall besentenced to a fine of not less than five hundreddollars for each ounce of ganja which the Court issatisfied is the subject-matter of the offence or toimprisonment for a term not exceeding thirty-five 3 0 / 1 9 ~years or to both such fine and imprisonment; oron summary conviction before a Resident Magis-trate, notwithstanding section 44 of the Interpre-tation Act, shall be liable+-

(i) to a fine which shall not be less than threehundred dollars, nor more than five hundreddollars, for each ounce of ganja which theResident Magistrate is satisfied is thesubject-matter of the offence, so, however,that any such fine shall not exceed five 30/1994s. 3 0).hundred thousand dollars; or

(ii) to imprisonment for a term not exceedingthree years; or(iii) to both such fine and imprisonment.

5. 3 (a).

(2) Where there is evidence-( U ) that the ganja for which an accused person hasbeen charged under this section i s packaged insuch a way as to make it reasonably suitable forexporting; or(b ) that the ganja for which a person is charged wasfound to be in or at any prescribed port or place,

that evidence shall be prima facie evidence of steps beingtaken preparatory to the exporting of the ganja by theperson charged.(3) In this section the expressions export and im-port shall have the same meanings as in section 12.me inclusion of this page is aufiorid by L.N. 79/ 9961


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6.02 DANGEROUS DRUGSCultiva-ting,selling ordedmgin, o rtrans-Poqiwganja.1711987S. 6.

30/1994S.4 (a).

30/1994S. 4 (b).

7B. Every person who-deals in ganja; or

(a) cultivates, gathers, produces, sells or otherwise

(b) being the owner or occupier of any premises, usessuch premises for the cultivation or storage ofganja or the selling or otherwise dealing in ganjaor knowingly permits such premises to be so used;or

(c) uses any conveyance for carrying ganja or for thepurpose of selling or otherwise dealing in ganja,or being the owner or person in charge of any con-veyance, knowingly permits it to be so used,

shall be guilty of an offence and-( d ) on conviction before a Circuit Court, shall be sen-tenced to a fine of not less than two hundreddollars for each ounce of ganja which the Court issatisfied is the subject matter of the offence or to

imprisonment for a term not exceeding thirty-fiveyears or to both such fine and imprisonment; or

(e) on summary conviction before a Resident Magis-trate, notwithstanding section 44 of the Interpreta-tion Act, shall be liable-(i) to a fine which shall not be less than onehundred dollars, nor more than two hundreddollars, for each ounce of ganja whichthe Resident Magistrate is satisfied is thesubject-matter of the offence, so, however,that any such fine shall not exceed fivehundred thousand dollars; or

[The inclusion of this page is authorized by LJ". 79/11996]


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DANGEROUS DRUGS 6.U3(ii) to imprisonment for a term not exceedingthree years; or(iii) to both such fine and imprisonment.

7C. Every person who has in his possession any ganja Possasionof ganja17/1987S. 6.shall be guilty of an offence and- 21 / 1987(a) on conviction before a Circuit Court, shall be S. 2.sentenced to a fine or to imprisonment for a termnot exceeding five years or to both such fine andimprisonment; or(b ) on summary conviction before a Resident Magis-trate, shall be liable-

(i) to a fine not exceeding one hundred dollarsfor each ounce of ganja which the ResidentMagistrate is satisfied is the subject-matterof the offence, so, however, that any suchfine shall not exceed fifteen thousand dollars;or(ii) to imprisonment for a term not exceedingthree years; or0 o both such fine and imprisonment.

Smokingof ganja.17119877D.Every person who-

(U ) being the occupier of any premises knowingly per- s. 6.mits those premises to be used for the smoking ofganja; orme inclusion of this page is authorized by L.N. 79/1996]


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6.04 DANGEROUS DRUGS( b ) is concerned in the management of any premises

which he knows is being used for such purpose asset out in paragraph (a);or

(c) has in his possession any pipes or other utensils foruse in connection with the smoking of ganja; or

( d ) smokes or otherwise uses ganja,shall be guilty of an offence and shall be liable on summaryconviction before a Resident Magistrate, in the caseof a first conviction for such offence, to a fine notexceeding five thousand dollars or to imprisonment for aterm not exceeding twelve months, or to both such fine andimprisonment, and in the case of a second or subsequentconviction for such offence, to a fine not exceeding tenthousand dollars or to imprisonment for a term not exceed-ing two years or to both such fine and imprisonment.

PARTV. Cocaine, Morphine, etc.Importand 8. Every person who imports or brings into, or exportsexport ofcocaine,etc. from, the Island any drug to which this Part applies except

under and in accordance with a licence, and into or fromprescribed ports or places, shall be guilty of an offenceagainst this Act.

Cuitiwting,deal,,&, in,

8A.-(1) Every person who, save as authorized by aselling. OIor trans-

licence or under regulations made under this Act-porting3011994cocaine,etc.5. 5. applies; or(a ) sells or distributes any drug to which this Part

m e nclusion of this page is authorized by L.N. 79/19961


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DANGEROUS DRUGS 6.05( b ) being the owner or occupier of any premises usessuch premises for the manufacture, sale or dis-tribution of any such drug or knowingly permitssuch premises to be so used; or( c ) uses any conveyance for carrying any such drugor for the purpose of the sale or distribution ofsuch drug or, being the owner or person in charge

of any conveyance, knowingly permits it to beso used,shall be guiky of an offence.

(2) Every person who contravenes subsection (1)(a) on conviction before a Circuit Court to a fine orto imprisonment for a term not exceeding thirty-five years or to both such fine and imprisonment;

shall be liable-

( b ) on summary conviction before a Resident Magis-trate to a fine not exceeding five hundred thousanddollars or to imprisonment for a term not exceed-ing five years or to both such fine and imprison-ment.

8B.-(1) A person shall not, save as authorized by a possessionof cocaine,301 1994s. 5.

licence, or under any regulations made under this Act, be etc.in possession of any drug to which this Part applies.(2) Every person who contravenes this sectionshall be guilty of an offence and shall be liable-

(a) on conviction before a Circuit Court to a fine orto imprisonment for a term not exceeding thirty-five years or to both such fine and imprisonment;[The inclusion of this page is authorized by L.N. 3/2001]


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6.66 D A N G E R 0 US DRUGS

Controlofmanufactureandsaleofcocaine, etc.

(b ) on summary conviction before a Resident Magis-trate to a fine not exceeding five hundred thousanddollars or to imprisonment for a term not exceed-ing five years or to both such fine and imprison-ment.

9.-(1) For the purpose of preventing the improper useof the drugs to which this Part applies, the Minister maymake regulations for controlling the importation, exporta-tion, transit, manufacture, sale, possession and distributionof those drugs, and in particular, but without prejudice tothe generality of the foregoing power-(a) for prohibiting the manufacture of any drug towhich this Part applies except on premises licensedfor the purpose and subject to any conditionsspecified in the licence;(b ) for prohibiting the manufacture, sale, or distri-bution, of any such drug except by personslicensed or otherwise authorized under the Regula-tions made under this Act and subject to anyconditions specified in the licence or authority,(c ) for regulating the issue by medical practitionersof prescriptions containing any such drug and thedispensing of any such prescription;(4 for requiring persons engaged in the manufac-ture, sale, or distribution, of any such drug tokeep such books and furnish such information,

either in writing or otherwise, as may beprescribed.me inclusion of this page is authorized by L.N. 3/2001]


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DANGEROUS DRUGS 7(2) The regulations under this section shall also pro-vide for authorizing any person who is licensed or other-wise authorized and who lawfully keeps open shop for theretailing of poisons in accordance with the provisions ofthe Pharmacy Act-

(a ) to manufacture at the shop in the ordinary courseof his retail business any preparation, admixture,or extract, of any drug to which this Part applies;or( b ) to carry on at the shop the business of retailing,dispensing, or compounding, any such drug,subject to the power of the Minister to withdraw the

authorization in the case of a person who has been convictedof an offence against this Act or against the Pharmacy Actor against the Food and Drugs Act, and who cannot, inthe opinion of the Minister, properly be allowed to carryon the business of manufacturing or selling or distributing,as the case may be, any such drug.

(3) Nothing in any regulations made under this sec-tion shall be taken to authorize the sale, or the keeping ofan open shop for the retailing, dispensing, or compounding,of poisons by any person who is not qualified in that behalfunder, or otherwise than in accordance with, the provisionsof the Pharmacy Act, or to be in derogation of theprovisions of such Act for prohibiting, restricting, orregulating, the sale of poisons.

m g s .le .41) The drugs to which this Part applies are- to whichPart IV(a) medicinal opium; applies.(b ) any extract or tincture of the plant cannabissativa;(c) morphine and its salts, and diacetylmorphine

(commonly known as diamorphine or heroin) andthe other esters of morphine and their respectivesalts;

[The inclusion of this page is authorized by L.N. 60/1976]


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8 D A N G E R O U S DRUGScocaine (including synthetic cocaine) and ecgonineand their respective salts, and the esters ofecgonine and their respective salts;any solution or dilution of morphine or cocaine ortheir salts in an inert substance whether liquid orsolid, containing any proportion of morphine orcocaine, and any preparation, admixture, extract,or other substance (not being such a solution ordilution as aforesaid), containing not less than one-fifth per centurn of morphine or one-tenth percenfunz of cocaine;any preparation, admixture, extract, or other sub-stance, containing any proportion of diacetylmor-phine or of the other esters of morphine, or con-taining any proportion of ecgonine or of the estersof ecgonine;dihydrohydroxycodeinone, dihydrocodeinone, di-hydromorphinone, acetyldihydrocodeinone, di-hydromorphine, their esters and the salts of anyof these substances and of their esters, morphine-N-oxide (commonly known as genomorphine), themorphine-N-oxide derivatives, and any other pen-tavalent nitrogen morphine derivatives;

(h) thebaine and its salts, and (with the exception ofmethylmorphine, commonly known as codeine, andof ethylmorphine, commonly known as dionin,and their respective salts) benzylmorphine and theother ethers of morphine and their respectivesalts;(i ) any preparation, admixture, extract, or other sub-stance, containing any proportion of any of the

substances mentioned in paragraph (g)or in para-graph (h).[The inclus ion of this page is authorized by L.N. 60/1976]


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DANGEROUS DRUGS 9For the purpose of the foregoing provision the expressionecgonine means laevo-ecgonine and includes any deriva-tives of ecgonine from which it may be recovered indus-trially, and the percentage in the case of morphine shall becalculated as in respect of anhydrous morphine.

(2) For the purposes of this section, percentages inthe case of liquid preparations shall, unless other provisionin that behalf is made by regulations under this Act, becalculated on the basis that a preparation containing oneper centurn of any substance means a preparation in whichone gramme of the substance, if a solid, or one millilitre ofthe substance, if a liquid, is contained in every one hundredmillilitres of the preparation, and so in proportion, for anygreater or less percentage.(3) If it appears to the Minister that any new deriva-tive of morphine or cocaine or of any salts of morphine orcocaine or any other alkaloid of opium or any other drug

of whatever kind is, or is likely to be productive, if improp-erly used, or is capable of being converted into a substancewhich is, or is likely to be productive, if improperly used,of ill-effects substantially of the same character or natureas or analogous to those produced by morphine or cocaine,the Minister may by order declare that this Part shall applyto that new derivative or alkaloid or other drug in the samemanner as it applies to the drugs mentioned in subsection(1).

(4) If the Minister thinks fit to declare that a find-ing with respect to any preparation containing any of thedrugs to which this Part applies has in pursuance of Article8 of the Geneva Convention (No. 1) been communicated bythe Council of the League of Nations to the parties to thesaid Convention, the provisions of this Part shall, as fromsuch date as may be specified in such declaration, cease toapply to the preparations specified therein.



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10 DA NGE R OUS DRUGSTrade, etc.,in newdrugs,andpower toapplyPart IV tocertaindrugs.

Interpreta-tion.

11.-(1) Every person in the Island, who trades in, ormanufactures for the purpose of trade, any productsobtained from any of the phenanthrene alkaloids of opium,or from the ecgonine alkaloids of the coca leaf, not being aproduct which was on the 13th day of July, 1931, beingused for medical or scientific purposes shall be guilty of anoffence against this Act :

Provided that if the Minister is at any time satisfied asrespects any such product that it is of medical or scientificvalue, he may by order direct that this subsection shallcease to apply to that product.

(2) If it is made to appear to the Minister that adecision with respect to any such product as is mentionedin subsection (1) has in pursuance of Article II of the GenevaConvention (No. 2) been communicated by the Secretary-General of the League of Nations to the parties to the saidConvention, the Minister, by order, may, as the case requires,either declare that the provisions of this Part shall apply tothat product in the same manner as they apply to the drugsmentioned in subsection (1) of section 10, or apply suchPart to that product with such modifications as may bespecified in the order.

(3) The Minister may by order apply this Part,withsuch modifications as may be specified in the order, to anyof the following drugs, that is to say, methylmorphine (com-monly known as codeine), ethylmorphine (commonlyknown as dionin) and their respective salts, preparations andadmixtures.

PARTV . Control of External Trade12. In this Part-

conveyance includes ship, aircraft and any other meansof transport by which goods may be brought into ortaken from the Island;[The inclusion of this page is authorized by L.N. 480/1973]


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DANGEROUS DRUGSdangerous drug means any drug to which Part IV applies,and includes raw opium, coca leaves, and all prepara-tions of which resins obtained from the plant cannabissativa form the base;diversion certificate means a certificate issued by theeompetent authority of a country through which adangerous drug passes in transit, authorizing thediversion of such drug to a country other than thatspecified as the country of ultimate destination in theexport authorization, and containing all the parti-

culars required to be included in an export authoriza-tion, together with the name of the country from whichthe consignment was originally exported;export with its grammatical variations and cognateexpressions, in relation to the Island, means to takeor cause to be taken out of the Island by land, air,orwater, otherwise than in transit;export authorization means an authorization issued by

a competent authority in a country from which adangerous drug is exported, containing full particularsof such drug, and the quantity authorized to beexported, together with the names and addresses ofthe exporter and the person to whom it is to be sent,and stating the country to which, and the periodwithin which it is to be exported;import with its grammatical variations and cognateexpressions, in relation to the Island, means to bringor cause to be brought into the Island by land, air orwater, otherwise than in transit;import authorization means a licence, issued by a com-

petent authority, authorizing the importation of aspecified quantity of a dangerous drug and containingfull particulars of the drug, together with the nameand address of the person authorized to import the



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12 DA NGE R OUS DRUGSdrug, the name and address of the person from whomthe drug is to be obtained, and specifying the periodwithin which the importation must be effected;

import certificate means a certificate substantially in theForm A set out in the Schedule, issued by a competentauthority in a country into which it is intended toimport dangerous drugs;

in transit means taken or sent from any country andbrought into the Island by land, air or water (whetheror not landed or transhipped in the Island), for thesole purpose of being carried to another country eitherby the same or another conveyance.

ScheduleForm A.

meexportgerousfdan-drugs.Schedule

1 3 . 4 1 ) Upon the production of an import certificateduly issued by the competent authority in any country, theChief Medical Officer may issue an export authorizationin the Form 3 set out in the Schedule in respect of any drugreferred to in the import certificate to any person who isnamed as the exporter in such certificate, and is, under theprovisions of this Act, otherwise lawfully entitled to exportsuch drug from the Island. The export authorization shallbe prepared in triplicate and two copies shall be issued tothe exporter who shall send one copy with the drug to whichit refers when such drug is exported. The Chief MedicalOfficer shall send the third copy direct to the appropriateauthority of the country of ultimate destination. Where theintended exportation is to a country which is not a party tothe Geneva Convention (No. 2), it shall not be necessary toproduce an import certificate. Subject to the provisions ofsubsection (2), it shall be in the absolute discretion of theChief Medical Officer in all cases to issue or refuse anexport authorization, as he may think fit.

(2) If at any time the importation of any dangerousdrug into a foreign country which is not a party to theGeneva Convention (No. 2) is prohibited or restricted by

Form B.

me inclusion of this page is authorized by L.N. 480/1973]


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DANGEROUS DRUGS 1 3the laws of that country no export authorization may law-fully be issued authorizing the exportation thereof to suchcountry in contravention of such laws.

(3) No dangerous drug shall be exported from theJsland unless the consignor is in possession of a valid andsubsisting export authorization relating to such druggranted under this Act.

(4) At the time of exportation of any dangerous drugthe exporter shall produce to the Commissioner the dan- i2/198sgerous drug, the export authorization relating thereto,and such other evidence as the Commissioner may requireto satisfy him that the drug is being lawfully exported tothe place and person named in the authorization whichrefers to it.

( 5 ) Every person who exports, causes to be exported,or takes any steps preparatory to exporting, any dangerousdrug from the Island except under and in accordance with,the provisions of this Act shall be guilty of an offenceagainst this Act.

Sch.

inof14.-theany

41) An import authorization in the Form C set out TheimportSchedule permitting the importation into the Island gerousdangerous drug specified therein may be granted by &Tsdethe Chief Medical Officer subject to such conditions as he FomC.may deem fit to any person w ho may lawfully import suchdrug.of dan-

(2) Where an import authorization is issued undersubsection (l), the Chief Medical Officer shall also issue,in relation to the dangerous drug intended to be imported,an import certificate (Form A) which shall be forwarded bythe intending importer to the person from whom the drugis to be obtained. When the importer to whom an importauthorization is issued under this section intends to import[The inclu&n of chis page is authorized by L.N. 87/1986]


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14 DANGEROUS DRUGSthe drug or drugs to which such authorization relates inmore than one consignment, a separate import certificateshall be issued to him in respect of each such consignment.

(3) No dangerous drug shall be imported into theIsland unless the person to whom the drug is consigned isin possession of a valid and subsisting import authorizationgranted under this section.

(4) Every dangerous drug imported into the Islandfrom a country which is a party to the Geneva Convention(No. 1) shall be accompanied by a valid and subsistingexport authorization or diversion certificate.(5) Every person who imports, causes to be

imported, or takes any steps preparatory to importing anydangerous drug into the Island except under, and in accord-ance with, the provisions of this Act shall be guilty of anoffence against this Act.(6) There shall be a Dangerous Drugs (ImportLicences) Appeal Board consisting of five medical practi-tioners appointed in that behalf by the Minister, two ofwhom shall be government medical officers and three ofwhom shall be private practitioners.(7) The Minister shall from such members appointa Chairman of the Board and the Chairman and twomembers shall form a quorum.(8) Any person who is aggrieved by the refusal ofan import authorization under this section may, withinseven days of such refusal, appeal to the Board against such

refusal, and the decision of the Board on such appeal shallbe final.

Danger- E.-( ) No person shall bring any dangerous drug to theIsland in transit unless-trmtrt.p ie incluekm of th is page is authized by L.N. 87/1986]


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D A N G E R O V S D R U G S 15the drug is in course of transit from a countryfrom which it may be lawfully exported, to anothercountry into which such drug may be lawfullyimported; andexcept where the drug comes from a country not aparty to the Geneva Convention (No. I) , it isaccompanied by a valid and subsisting exportauthorization or diversion certificate, as the casemay be.

(2) Where any dangerous drug in transit is accom-panied by an export authorization or diversion certificateand the Commissioner has reasonable grounds for believing i2/198sthat such authorization or certificate is false, or that it hasbeen obtained by fraud or wilful misrepresentation of amaterial particular, the Commissioner, may seize and detainthe drug to which such authorization or certificate relates.Upon being satisfied that such authorization or certificateis valid or has not been obtained by fraud or misrepresenta-tion the Commissioner shall release the drug.

(3) Where the dangerous drug in transit is notaccompanied by an export authorization or diversion certi-ficate by reason of the fact that the drug comes from acountry not a party to the Geneva Convention (No. 1)andthe Commissioner has reasonable grounds for believing 12/198Sthat such drug is being conveyed in an unlawful manner orfor an unlawful purpose or is in course of transit for thepurpose of being imported into another country in contra-vention of the law of that country, the Commissioner mayseize and detain the drug.

Sch.

Sch.

(4) Where a dangerous drug brought into theIsland in transit is landed, or transhipped in the Island, itshall remain under the control of the Commissioner and 12/1985shall be moved only under and in accordance with the sch*removal licence granted under section 16.

me inclusicm of dbis page is authorized by L.N. 87/1986]


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16 DANGEROUS DRUGS

Removallicences.

ScheduleF o m D.1211985sch.

1211985sch.

Drugs no t10 betamperedwith.

12/1985Sch.

(5 ) Nothing in this section contained shall bedeemed to apply to any dangerous drug in transit by postor in transit by air if the aircraft passes over the Islandwithout landing, or to such quantities of dangerous drugsas may, bona fide, reasonably form part of the medicalstores of any ship or aircraft.

16.--(1) Every person who-(a) removes any dangerous drug from the conveyanceby which it is brought into the Island in transit;

or(b) in any way moves any such drug in the Island atany time after removal from such conveyance,

except under and in accordance with a licence in the Form Dset out in the Schedule (in this Act referred to as a removallicence) issued by the Commissioner shall be guilty ofan offence against this Act. In all cases it shall be in theabsolute discretion of the Commissioner to issue or refusea removal licence as he shall deem fit.

(2) N o removal licence for the transfer of any suchdrug to any conveyance for removal out of the Island shallbe issued unless and until a valid and subsisting exportauthorization or diversion certificate relating to it is pro-duced to the Commissioner:

Provided that where the drug has come from a countrynot a party to the Geneva Convention (No. 1) this sub-section shall not apply.(3) The provisions of this section shall not apply

to dangerous drugs in transit by post.17. Every person who causes any dangerous drug in

transit to be subjected to any process which would alter itsnature, or wilfully opens or breaks any package containinga dangerous drug in transit except under the instructionsof the Commissioner and in such manner as he may direct,shall be guilty of an offence against thisAct.

[The incluskm of this page is authorized by L.N. 87/1986]


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DANGEROUS DRUGS 1718.-( 1) Every person who, except under the authority Diversion of

of a diversion certificate in the Form E set out in the ~ ~ ~ ~ ~ .Schedule, causes or procures any dangerous drug broughtinto the Island in transit to be diverted to any destinationother than that to which it was originally consigned, shallbe guilty of an offence against this Act. In the case of anydrug in transit accompanied by an export authorization ora diversion certificate issued by a competent authority ofsome other country, the country to which the drug wasoriginally consigned shall be deemed to be the countrystated in such export authorization or diversion certificateto be the country of destination.

ScheduleForm E.

(2) The Chief Medical Officer may in his absolutediscretion issue a diversion certificate in respect of anydangerous drug in transit upon production to him of a validand subsisting import certificate issued by a competentauthority in the country to which it is proposed to divertthe drug, or, if that country is not a party to the GenevaConvention (No. 11, upon such evidence as may satisfy himthat the drug is to be sent in a lawful manner and for aproper purpose.

(3) A diversion certificate shall be issued in dupli-cate and one copy thereof shall accompany the drug when itis exported from the Island. The other copy shall bedespatched by the Chief Medical Officer direct to the properauthority in the country to which the consignment hasbeen diverted.

(4) Upon the issue of a diversion certificate theexport authorization or diversion certificate (if any) accom-panying the drug on its arrival in the Island shall bedetained by the Chief Medical Officer and returned to theauthority issuing such authorization or diversion certificatetogether with a notification of the name of the country towhich such drug has been diverted.



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18 D A N G E R O U S D R U G S

Licences.

Exporteroragent liablefor contra-ventionregardingexport.

Powers ofinspectionand seizure.31/1961S . 2 (a).

31/1961S . 2 (b).

PART I. General19. Licences, permits, or authorities, for the purposes

of this Act (other than Part V) may be issued or grantedby the Chief Medical Officer on such terms and subject tosuch conditions (including in the case of a licence the pay-ment of a fee) as the Minister may prescribe.

20. If any articles prohibited to be exported by virtueof this Act are exported from the Island in contraventionthereof, or brought to a quay or other place for the pur-pose of being so exported or of being water-borne to be soexported, the exporter or his agent shall be guilty of anoffence against this Act.

21.-(1) Any constable, or other person authorized inthat behalf by any general or special order of the Commis-sioner of Police, shall, for the purposes of the execution ofthis Act, have power to enter the premises of any personcarrying on the business of a producer, manufacturer,seller, or distributor, of any drugs to which this Act appliesand to demand the production of and to inspect any booksor documents relating to dealings in any such drugs and toinspect any stocks of any such drugs.

(2) Any person authorized in that behalf by anygeneral or special order of the Chief Medical Officer, hall.for the purposes of the execution of this Act have powerto enter the premises of any person carrying on the businessof a producer, manufacturer, seller or distributor of anydrugs to which this Act applies, to demand the productionof and to inspect any books or documents relating to deal-ings in any such drugs and to inspect any stocks of anysuch drugs and seize and detain any drug which in theopinion of such authorized person is below standard or isunfit for use.



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D A N G E R O U S D R U G S 19(3) Any drug seized and detained under this section 31/1961may be destroyed on the certificate of the Chief Medical S.2(b).

Officer to the effect that it is below standard or is unfitfor use.

above the rank of Sergeant is satisfied that there is reason-able cause to believe thpt an offence against this Act is beingcommitted in any premises, he may give directions inwriting to any constable to enter such premises, search thepremises and seize and detain-

(4) f any member of the Constabulary Force of or 10/1964S. (a).

(a) any drug to which this Act applies;(b ) anything in which such constable reasonablysuspects a drug to which this Act applies is beingconcealed;(c) any other thing by means of which or in respectof which such constable reasonably believes an

offence against this Act has been committed orwhich may be evidence of the commission of suchoffence,and such constable shall have power to carry out suchdirections:Provided that it shall be the duty of such constable inthe execution of any such directions to produce the instru-

ment containing the same to the owner or occupier of anypremises entered pursuant to such directions if requiredby such owner or occupier to do so, and to permit a copythereof to be taken by, or on behalf of, such owner oroccupier either at the time of the entering and search ofsuch premises or at any time afterwards whilst such in-strument remains in the custody of the constable.(5) If a Justice is satisfied by information on oaththat there js reasonable ground for suspecthg-

(a) that any drugs to which this Act applies are, incontravention of the provisions of this Act or ofany regulations made thereunder, in the posses-

__ ___--- [The inclusion of this page is authorized by L.N. 37/1988]


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31/1961s.2 (c).

lO/ 1964S . 2 (b).Offenceof usingthe postalservicesfor drugs.1?/198?s. 7.

sion or under the control of any person in anypremises; or(b ) that any document directly or indirectly relatingto or connected with any transaction or dealingwhich was, or any intended transaction or dealingwhich would if carried out be, an offence againstthis Act or, in the case of a transaction or dealingcarried out or intended to be carried out in anyplace outside the Island, an offence against theprovisions of any corresponding law in force inthat place, is in the possession or under the controlof any person in any premises,he may grant a search warrant authorizing any constablenamed in the warrant, at any time or times within onemonth from the date of the wa rrant, t o enter, if need be byforce, the premises named in the warrant, and to searchthe premises an d any persons fou nd therein, an d if thereis reasonable ground for suspecting that an offence againstthis Act has been committed in relation to any such drugswhich may be foun d in the premises or in the possession ofany such persons, or that any document which may be sofound is such a document as aforesaid, to seize and detainthose drugs or that document, as the case may be.(6 ) Every person who wilfully delays or obstructsany constable or any person authorized by the ChiefMedical Officer pursuant to the provisions of subsection (2)in the exercise of his powers under this section, or fails toproduce, or conceals, or attempts to conceal, any suchbooks, stocks, drugs, things or documents, as set out inthis section, shall be guilty of an offen ce against this A ct.

2lA.-(1) Notwithstanding anything to the contrary inany other enactment, every person who, without lawful ex-(a ) encloses in or with any letter, parcel, packet or o thermatter sent by post, or posts any cocaine, opium,ganja or drug to which P ar t IV applies; o r

c u s e

[The indusion of this page is authorized by L.N. 37/1988]


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DANGEROUS DRUGS 21(b) uses any mailbag or mail van or other vehicle usedfor the carrying of mail for the transportationof any cocaine, opium, ganja or drug to whichPart IV applies,(c) on conviction before a Circuit Court to imprison-ment for a term not exceeding fifteen years; or(d) on summary conviction before a Resident Magis-trate, in the case of a first conviction for such

offence, to a fine not exceeding fifty thousanddollars or to imprisonment for a term not exceedingthree years, or to both such fine and imprisonmentand in the case of a second or subsequent convic-tion for such offence, to a fine not exceeding onehundred thousand dollars or to imprisonment for aterm not exceeding five years or to both such fineand imprisonment.(a) has the same meaning as defined in section 2 ofthe Post Office Act; and(b) includes any bag that is similar in design and con-struction to bags customarily used for the purposeof transporting mail.

shall be guilty of an offence and shall be liable-

(2) In subsection (1 ) mailbag-

22.-(1) Every person who- Offe nc u and(a) for the purpose of obtaining, whether for himself P - ~ ~ .or for any other person, the issue, grant orrenewal, of any licence, permit, or authority,issued under this Act, makes any declaration orstatement which is false in any particular, orknowingly utters, produces, or makes use of, anysuch declaration or statement or any documentcontaining any such false declaration or state-ment; or

(b ) in the Island aids, abets, counsels, or procures,the commission in any place outside the Island of[The inclusion of this page is authorized by L.N. 9/19%]


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22 DANGEROUS DRUGS

1711987s. 8 (c).

3011994.S. 6 (a) (1).

3011994S. 6 (a) (ii).I7 / 1987S. (c).

3011994S. 6 (b) (i).30/1994S. 6 8 ) ii).3011994S.6 @) (ii).1711987s. 8 (c).

any offence punishable under the provisions of anycorresponding law in force in that place, or doesany act preparatory to, or in furtherance of, anyact which if committed in the Island would con-stitute an offence against this Act; or(c) contravenes or fails to comply with any of theregulations made under this Act,shall be guilty of an offence against this Act.

(2) Every person who is guilty of the offence of im-porting or bringing into the Island or exporting therefromany drug contrary to section 8, or of manufacturing or trad-ing in any products contrary to section 11, or of manufac-turing, or selling any drug or otherwise dealing therein (byway of a transaction of any description whatsoever) in con-travention of any regulations made under section 9 shall beliable-(a) on conviction before a Circuit Court, to imprison-ment for a term not exceeding thirty-five years; or(b ) on summary conviction before a Resident Magis-trate, to a fine not exceeding five hundred thou-sand dollars or to imprisonment for a term notexceeding five years or to both such fine andimprisonment.

(3) Every person who is guilty of the offence of be-ing in possession of any drug in contravention of any regu-lations made under section 9 shall be liable-(a) on conviction before a Circuit Court to imprison-ment for a term not exceeding thirty-five years; or( b ) on summary conviction before a Resident Magis-trate to a fine not exceeding five hundred thou-sand dollars or to imprisonment for a term notexceeding five years or to both such fine andimprisonment.

(4) Every person who is guilty of the offence of im-porting or bringing into the Island or exporting therefrom[The inclusionof this page is amorizied by LiN. 9119%1


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DANGEROUS DRUGS 23any raw opium or coca leaves contrary to section 3 or anyprepared opium shall be liable-

(a) on conviction before a Circuit Court to imprison-ment for a term not exceeding thirty-five years; or 3011994.( b ) on summary conviction before a Resident Magis-

trate to a fine not exceeding five hundred thou- iOi\gii)sand dollars or to imprisonment for a term notexceeding five years or to both such fine and im- 30/1994prisonment.(5) Every person who is guilty of an offence against 17/1987s. 8 c).

S. (c) (I).

S.6 (c) (hi.

this Act for which no penalty is otherwise provided shall onsummary conviction before a Resident Magistrate be liableto a fine not exceeding fifteen thousand dollars or to impri-sonment for a term not exceeding two years, or to both suchfine and imprisonment.

(6) A person, other than a person lawfully author- i7/1987s.8 (c).ized, found on any school premises in possession of anycocaine, opium, ganja or drug to which Part IV applies isdeemed to have such cocaine, opium, ganja or drug for thepurpose of selling or otherwise dealing therein, unless thecontrary is proved by him.(7)A person, other than a person lawfully authorized, 17/1987found in possession of more than- S. 8 (c).

(a) one-tenth of an ounce of diacetyl-morphine(heroin);(b ) one-tenth of an ounce of cocaine;(c) one-tenth of an ounce of morphine;(d) one ounce of opium; or(e ) eight ounces of ganja,

is deemed to have such drug for the purpose of selling orotherwise dealing therein, unless the contrary is proved byhim.

me nclusion of this S g e is aufhorized by LN. 9/19%]


30/43

24 DANGEROUS DRUGS1711987s. 8 (C). (8) In subsection (6)-school includes any educational institution withinthe meaning of section 2 of the Education Act;and

(a) any buildings, playing fields or other premisesestablished or maintained for the benefit ofthe pupils of a school whether or not suchbuildings, playing fields or other premises arewithin the curtilageof the school;( b ) any premises for the time being used for thekeeping of a school.

(9) Where any person is convicted of an offenceagainst this Act the Court, in addition to any other punish-ment, may order to be forfeited any drugs, pipes, or utensilsin respect of which the offence was committed.

1611974 (10) Upon conviction for any offence against anys .3 (b) - regulations under this Act relating to the keeping of books

or the issuing or dispensing of prescriptions containingdrugs to which this Act applies, the offender-(U) shall not be sentenced to imprisonment withoutthe option of a fine; and(b ) shall be liable to a fine which shall not exceed fivehundred dollars,

if the court or in the case of a conviction under subsection17/1987 (2) (a) or (3) (a) the Judge dealing with the case is satisfiedS. (d)* that the offence was committed through inadvertence andwas not preparatory to, or committed in the course of, orin connection with, the commission or intended commissionof any other offence against this Act.

(11) Every person who attempts to commit an offenceagainst this Act or solicits or incites another person tocommit such an offence shall, without prejudice to any other

school premises includes-

1I1961s. 2.

me nclusion of this page is authorized by L.N. 79/11996]


31/43

D A N G E R O U S DR UG S 25liability, be liable to the same punishment and forfeitureas if he had comm itted an offence under this Act.

(12) W here a person convicted of a n offence und erthis Act is a company, the Chairman and every directorand every officer concerned in the management of the com-psny shall be guilty of the like o ffence unless he proves th atthe act or omission constituting the offence took place with-out his knowledge or consent.

113) Whenever any person to whom any licence, per-mit, or authority, has been issued or granted under thisAct would be liable under the provisions of this Act or ofany regulations made thereunder to any punishment, fine,or forfeiture, for any act, omission, neglect, or default, heshall be liable to the same punishment, fine or forfeiturefor every similar act, omission, neglect or default, of anyagent or servant employed by him in the course of hisbusiness, and every agent or servant employed by him inthe course of his business, shall also be liable to everypunishment, tine, or forfeiture, prescribed for such acts,om~ssions,neglects, or defaults, contrary to the provisions01 this Act as fully and effectually as if such agent orservant had been the person to whom the licence orauthority had been issued or granted.

(14) Notw ithstanding the provisions of any enact-ment prescribing the time within which proceedings for a noffence punishable on summary conviction before a ResidentMagistrate may be commenced, any proceedings for anoffence under this Act, or for aiding or abetting or coun-selling or causing or procuring such an offence, or forattempting to commit such an offence, or for soliciting orinciting another person to commit such an offence, may becommenced either within the time so prescribed or withinthree months from the date on which evidence sufficient Inthe opinion of the Director of Public Prosecutions to i i - d i f y

__._ --[The inclusion of this page is autholized by L N. 3 ' 2 C O l l

RL- 1 4


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Power ofarrest.

Seizureandforfeitureof vehiclca.101I964s.4.161 1974S . 4 (a).

1711987s. 9.

a prosecution for the offence comes to his knowledge,whichever time is the longer, and for the purposes of thissubscct icn a certificate purporting to be signed by theDirector of Public Prosecutions as to the date on whichsuch evidence comes to his knowledge shall be conclusiveevidence thereof.23. Any constable may arrest without warrant any per-

son who has conmitted, or attempted to commit, or isreasonably suspected by such constable of having committedor attempted to commit, an offence against this Act, if hehas reasonable ground for believing that that person willabscond unless arrested, or if the name and address of thatperson are unknown to and cannot be ascertained by him.

24 .41 ) If any constabie has reasonable cause to suspectthat any conveyance is being used or has been used for thecommission of any offence against this Act, he may withouta warrant search and, if such search reveals evidence thatthe conveyance is being used or has been used for the com-mission of any offence as aforesaid, seize and detain suchconveyance.

(2) Where any conveyance is seized pursuant to thissection and-

(a) any person is convicted of an offence against thisAct; and

( b ) the Court is satisfied that-(i) that person owns the conveyance used in

the commission of the offence; or(ii) the owner of the conveyance permitted itto be so used; or(iii) the circumstances are otherwise such thatit is just so to do,

the Court shall, upon the application of the prosecution,order the forfeiture of the conveyance.[The inclusion of fihis page is authorized by L.N. 3j20011


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DANGEROUS DRUGS 26.01(3) On the application of the Director of Public i7/1987

Prosecutions before a Resident Magistrates Court having 9 .jurisdiction in the area where a conveyance is seized pursu-ant to subsection (I), the Court may, notwithstanding thatthe conditions mentioned in subsection (2) have not beensatisfied, order the forfeiture of the conveyance if the Courtis satisfied that-(a) the conveyance has been abandoned; or(b ) the circumstances in which the conveyance wasseized give reasonable cause to suspect that the

conveyance was being used or has been used forthe purpose of committing an offence against thisAct,and that it is otherwise just so to do.

(4) Where the Director of Public Prosecutions pro- 17/1987s. 9.poses to apply for forfeiture of any conveyance under sub-section (3), he shall give to any person who, to his knowl-edge, was at the time of the seizure the owner thereof noticeof the seizure of the conveyance and the intention, afterthe expiration of thirty days from the date of the notice,to apply for forfeiture thereof and of the grounds therefor :

Provided that notice shall not be required to be givenunder this subsection if the seizure was made in the presenceof the owner or any of the owners of the conveyance seizedor any servant or agent of the owner.

of notification, notification may, for the purposes of subsection (4), be made by publication in a daily newspaper printedand circulating in the Island.seized under this section may appear before the Court on S. 9 .the hearing of the application and show cause why an orderfor forfeiture should not be made.

( 5 ) Without prejudice to any other form of service 17/1987

( 6 ) Any person having a claim to any conveyance 17/1987



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26.02 DANGEROUS DRUGS1711987 (7) Where, on the hearing of an application pursu-ant to subsection (3) for forfeiture of a conveyance, no per-

son appears before the Court to show cause why an orderfor forfeiture should not be made the Court shall presumethat the conveyance has been abandoned.(8) If, upon the application of any person prejudicedby an order made by the Court under subsection (2) or (3),the Court is satisfied that it is just to revoke such order, theCourt may revoke that order upon such terms and condi-tions as it deems appropriate, and without prejudice to thegenerality of the foregoing, shall require that person, to payin respect of storage, maintenance, administrative expenses,security and insurance of the conveyance such charges asshall be charged by the appropriate government agency andapproved by the Court, not exceeding one and a half timesthe value, as determined by the Court, of the conveyance.

(9) An application to the Court under subsection (8)for the revocation of an order shall be made within thirtydays of the date of the order or within such greater time,not exceeding six months after the date of the order as theCourt may allow.

s. 9.

1711987s. 9.

1711987s. 9.

Meaningof 25. For the purposes of this Act, any article shall beimportationandexporta- deemed to be imported under licence or exported under~ ~ n ~ . d e ricence if the importer or exporter, as the case may be, isthe holder of a licence issued under this Act authorizingthe importation or exportation, as the case may be, of thearticle and complies with the conditions, if any, of thelicence, but not otherwise.proof. 26. In any proceedings against any person for an offence

against this Act, it shall not be necessary to negative byevidence any licence, authority, or other matter of excep-tion or defence, and the burden of proving any such mattershall lie on the person seeking to avail himself thereof.[The inclusion of this page is authorized by L.N. 37/1988]


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D A N G E R O U S D R U G S 26.0327. In any proceedings against any person for an offence ~ d m i ~ -sibilityofcertificateofgainst this Act the production of a certificate signed by aGovernment Chemist or any Analyst designated under the

provisions of section 17 of the Food and Drugs Act, shall 28/1954.2.be sufficient evidence of all the facts therein stated, unlessthe person charged requires that the Government Chemistor any Analyst be summoned as a witness, when in suchcase the Court shall cause him to attend and give evidencein the same way as any other witness.

28.-In this Part, conveyance includes any vehicle, Meaning ofexpressionconvey-ance in PaxlVI.16/1974s. 5.ship, aircraft or other means of transport.



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26.04 D A N G E R O U S D R U G SSCHEDULE

FORMA (Section 1 2 )THE DANGEROUSRUGSACT

1MPOF.T CERTIFICATE issued bythe Government of Jamaica.~ N T E R N A T I O N A LOPIUM OSVENTIOKS

(The Hague 1912, Geneva 1925, Limitation Convention 1931)CERTIFlCATE OF OFFlClAL APPROVAL OF lMPORT No.....I, being the person charged with the administration of the law relat-ing to the dangerous drugs to which the International Opium Conven-tions apply. hereby certify that I have approved the importation by:(a) Name, address and business of importer (a) ............................(b ) Exact description and amount of drug

to be imported of (b) ............................(c) Name and address of firm in exportingcountry from which the drug is to beobtained from (c) ............................( d ) State any special conditions to be subject to the follow.observed--e.g.. not to be imported ing conditions:through the post ( d ) ............................(e) State, if possible, Customs Officethrough which the goods will be im-ported ( e ) ............................U) State, if possible, route to be followed

by the goods U, ............................(g) Period within which the import is to beeffected (g) ............................and that I am satisfied that the consignment proposed to be importedis required-

(1) for legitimate purposes (in the case of raw opium and the cocaleaf);(2) solely for medical or scientific purposes (in the case of drugsother than raw opium and cwa leaf).

[Signature)...............................................(Official rank). ...........................................

(Date)..............................................[The inclusion of this page is authorized by L.N. 37/1988]


37/43

DANGEROUS DRUGS 21FORM (Section 13 (1) )

T H EDANGEROUSRUGSAcrEXPORT AUTHORIZATION

INTERNATIONALPIUMCONVENTIONS(The Hague 1912, Geneva 1925, Limitation Convention 1931)

Official Authorization of Export No..................I. being the person charged with the administration of the law relat-ing to the dangerous drugs to whch the International Opium Conven-tions apply, hereby certify that I have approved the exportation by:

(a) Name, address and business of exporter ( U ) ............................(b) Exact description and amount of drugto be exported of ( 6 ) ............................(cb Name and address of firm in importingcountry requiring the drug to (c) ............................(4 umber and date of import certificateand indication of the authority issuingthis certificate (d) ............................(e) State any special conditions to bobserved--e.g., not to be imported subject to the follow-through the post-see also general ing conditions:conditions below (e) ............................Cn Customs Office through which the goodswill be exported (j-)..........................

(g) State, if possible, route to be followedby the goods (g) ............................(h) Period within which the export is to beeffected (h) ............................(Signature)................................................(Official rank)...........................................

(Date)..............................................GENERALN D I T I O N S GOVERNINGHE U SE OF THIS EXPORTUTHORI-

ZATION-1. This authorization is not a licence to obtain or be in possessionof the drugs named herein.2. This authorization is available only for drugs of the exactquantity, kind and form specified above.3. This authorization does not relieve the exporter from compliancewith any Customs regulations in force for the time being relatingto the exportation of goods from Jamaica nor from any provisionof the Post Office Act, or of. any Post Office regulations for



38/43

28 DANGEROUS DRUGSthe time being in force. nor from any rules or regulations respect-ing the transmission of articles by post which may for the timebeing be in force, whether within Jamaica or elsewhere.

4. If the drugs are authorized to be exported by ship the duplicatecopy, which is attached, shall accompany the consignment to theplace of destination and for this purpose the exporter shall causeit to be delivered to the Master of the vessel by which the con-signment is despatched. (See footnote (3))

5. If the drugs are authorized to be exported by post the attachedduplicate copy shall be placed inside the outer wrapper of theparcel containing the drugs. If the drugs are contained in morethan one parcel, the duplicate copy shall be placed inside theouter wrapper of one of them; the parcels shall be consecutivelynumbered on the outer wrapper, and on each parcel there shall belegibly stated the number of the parcel in which the duplicatecopy is to be found. (See footnote (2))6. The exporter, if so required by the Commissioner shall prod&eto him,within such time as he may allow, proof to his satisfactionthat the said drugs were duly delivered at the destination named

in this authorization, and in the event of non-compliance with thiscondition the authorization shall be deemed void and of no effect.The exporter shall furnish to the Chief Medical Officer suchreturns of the goods exported by him in pursuance of thisauthorization as may from time to time be required.This authorization is valid only for the exporter named aboveand may be revoked at any time by the Chief Medical O!Xcer.It shall be produced for inspection when required by any dulyauthorized person.

This authorization, unless sooner revoked, shall continue in forcefor three calendar months from the date hereof. It must beproduced, at the time of export, to an officer of the Customs orthe Post Office, whichever is applicable, who will retain it.If not used it shall be surrendered to the Chief Medical O i l i e r

1211985scb.

7.

8.

9.

within seven days of the date of its expiry.NOTE-+) If any alteration is desired in this authorization itmust be returned with a request for amendment anda statement of the reasons therefor. No unauthorizedalteration is permissible.(2) In the case of drugs exported -by post. failure to com-ply with this condition may lead to delay or confisca-tion of the parcels in the country of destination.

(3) In the case of drugs exported by ship this documentis required in pursuance of the International OpiumConvention, 1925. Article 15, to be produced to thecompetent authoGties of any country through whichme inclwim of his page is aut$wized by L.N. 87/1986]


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DANGEROUS DRUGS 29the consignment passes, whether it is transhipped ornot. Failure to comply with the condition may leadto delay or confiscation of the consignment.

FORM (Section 14 (1))Authorization No.. ............................

File No............................................THE DANGEROUSRUGSACTIMPORTAUTHORIZATION

In pursuance of the Dangerous Drugs Act (hereinafter called the Hereinsertname andfull postaladdressof(hereinafter called the importer) to importer.Here insertname andfull postaladdressofexporter.

Act), the Chief Medical Officer hereby authorizes

import the drugs specified in the Schedule hereto, fromThis authorization is issued subject to the following conditions-1. The drugs shall be imported before (dare)2. This authorization is not a licence to be in possession of or tosupply the drug imported.3. This authorization does not relieve the importer from compliancewith any Customs regulations in force for the time being relating to theimportation of goods into or transhipment of goods in Jamaica. or anyPost Office regulations for the time being in force in Jamaica.4. This authorization is valid only for the importer and may berevoked at any time by the Chief Medical Officer to whom it

shall in that event be immediately surrendered. I t shall be producedfor inspection when required by any duly authorized person.5. This authorization unless sooner revoked shall be produced to theCustoms Officer at the time of importation and shall be surrenderedto the Customs Officer at the time when the last consignment of drugsis imported.6. If the importation of all drugs specified in the Schedule is noteffected before the date specified in condition No. 1 this authorizationshall immediately after that date be surrendered to the Chief MedicalOfficer.7. The copy of the export authorization, if any, which accompaniedthe drugs shall be forwarded to the Chief Medical Officer immediatelythe importation of the drugs has been effected......................................................................(Signature) Chief Medical Officer.

(Date)............................................................P h e inclusion of this page is authorized by L.N. 480/1973]


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30 DANGEROUS DRUGSSCHEDULE specifying the drugs and quantities thereof to beimported-This authorization is not to leave the possession of the importer untilit is surrendered to the Chief Medical Officer or to the CustomsOfficer, who will complete the certificate on the back and return the

authorization to the Chief Medical Officer.ENDORSEMENT BY CUSTOMS OFFICER

AT THE TIME OF IMPORTATIONNumberand date)escription ofof Drugs Exportimported Authoriza-1 tion Quantity

CustomsHow mported entry orParcel No.

e .g . , ex . . ..(in the case ofa ship), or byregisteredparcel post orby insured boxpost.

Signature,mark andStation ofCustomsOfficer

This authorization, when all the drugs to which it relates have beenimported must be returned by the Customs Officer to the ChiefMedical Officer.FORMD (Section 16 (1))

THEDANGEROUSRUGS CTLICENCE FOR THE REMOVAL OF DANGEROUS DRUGSIN TRANSIT................................................................ ..is hereby authorized

to move the dangerous drugs described hereunder from ....................to.. ....................................................Nature and quantity of dangerous drugs ....................................Particulars of export authorization (ordiversion certificate), if any, relating

thereto ....................................Name of ship on which the drugs werebrought into the Island ....................................Date of arrival ....................................Number of packages ....................................

[The inclusion of th is page is authorized by L.N. 480/1973]


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DANGEROUS DRUGS 31Marks and numbers on packages ....................................

(1) This licence is valid only for the removal of the drugs specifiedabove.(2) The removal of the drugs shall take place between...............

a.m.1p.m. and.................. .m.1p.m. on the..................................................................9......(3) If the removal of the drugs does not take place within thehours and on the day specified, this licence must be returnedto the Commhioner forthwith; and in any case shall be 12/1985surrendered when the removal has taken place.

This licence is issued subject to the following conditions-

sch.12/19859ch.

(4) The drugs must not be moved unless an officer of the Customs(5) This licence does not authorize the person named above to bein possession of the drugs otherwise than for the purpose ofremoving them in accordance with this licence.(6) The packages containing the drugs are not to be opened or

broken in the course of the removal.(7) This licence shall be produced at any time when required bya duly authorized person.

and Excise Department is present.

.........................................................(Signature and stamp of theCommissioner)(Date).........................................................

FORM E (Section 18 ( 1 ) )THEDANGEROUSRUGSAm

International Opium ConventionsDIVERSION CERTIFICATEI, being the person charged with the administration of the lawrelating to the dangerous drugs to which the International OpiumConventions apply, hereby certify that I have authorized the diversionof the consignment of drugs, of which particulars are given below. tothe destination stated below-Description and quantities of drugs ..........................................Name of vessel on which the w n -signment was brought to Jamaica ..........................................Name and address of the exporter ..........................................Number and date of export authori-zation and authority by whomissued ..........................................

[The hclusiuw of b h k page is authkmized by L.N. 87/1986]


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32 DANGEROUS DRUGSName and address of original con-signee named in the exportauthorization ..........................................Name and address of consignee towhom the consignment is author-ized to be diverted ..........................................Number and date of import certifi-cate (and authority by whomissued) by virtue of which thisdiversion is authorized ..........................................Name of vessel on which the con-signment is authorized to be car-ried from Jamaica ..........................................Period within which the consign-ment is to be carried from theIsland ..........................................This certificate is issued subject to the following conditions-

(1 ) The duplicate copy of this certificate shall accompany theconsignment to the place of destination, and for this purposeshall be delivered to the Master of the vessel by which theconsignment is despatched.(2) This certificate does not relieve any person who may be con-cerned with the carriage of the consignment of drugs specifiedabove from compliance with any Customs regulations in forcefor the time being relating to the exportation of goods fromJamaica.(3) This certificate is valid only for the consignment and for the

period specified above, and may be revoked at any time.(4) l f the consignment of drugs is not camed from Jamaicawithin the period specified above, this certificate shall besurrendered to the Chief Medical Officer.( 5 ) This certificate shall be produced at any time when requkedby a duly authorized person..........................................................(Signature) Chief Medical Oflicer

(Date)......................................................NOTE--(^) If any alteration is desired in this authorization, it must bereturned with a request for amendment and a statement ofthe reasons therefor. No unauthorized alteration is pet-missible.

[The inclwign of this page is authized by L.N. 87/1986]


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DANGEROUS DRUGS(2) This document is required in pursuance of the International'Opium Convention, 1925, Article 15, to be produced to thecompetent authorities of any country through which theconsignment passes, whether it is transhipped or not.Failure to comply with the condition may lead to delay orconfiscation of the consignment.

33

[The inclusion of this page is authorized by L.N. 480119731

Documents

The Dangerous Drugs Act