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Drugs (Prevention of Misuse) Act,
No.22 of 1988.
ARRANGEMENT OF SECTIONS
Sections
1. Short Title.
2. Interpretation.
3. The Advisory Council on the Misuse of Drugs.
4. Controlled drugs and their classification.
5. Restriction of importation and exportation of controlled
drugs.
6. Restriction of production and supply of controlled drugs.
7. Restriction of possession of controlled drugs.
8. Restriction of cultivation of cannabis plant.
9. Authorisation of activities otherwise unlawful under
foregoing provisions.
10. Occupiers etc. of premises to be punishable for permitting
certain activities to take place there.
11. Prohibition of certain activities etc. relating to
opium.
12. Power to make Regulations for preventing misuse of
controlled drugs.
13. Power to direct special precautions for safe custody of
controlled drugs to be taken at certain premises.
14. Directions prohibiting prescribing, supplying etc. of
controlled drugs by practitioners convicted of certain
offences.
15. Directions prohibiting prescribing, supply etc. of
controlled drugs by practitioners in other cases.
16. Drug trafficking.
17. Assisting another to retain the benefit of drug
trafficking.
18. Power to obtain information from doctors etc. in certain
circumstances.
19. Miscellaneous offences.
20. Attempts etc. to commit offences.
21. Assisting in or inducing commission outside Saint Lucia of
an offence punishable under a corresponding law.
22. Offences by corporations.
23. Further powers to make Regulations.
24. Powers to search and obtain evidence.
25. Power to arrest.
26. Committal to the High Court for sentence.
27. Prosecution and punishment of offences.
28. Forfeiture.
29. Certificate of analyst admissible in evidence.
30. Proof of lack of knowledge etc. to be a defence in
proceedings for certain offences.
31. Service of documents.
32. Licences and authorities.
33. General provisions as to Regulations.
34. Research.
35. Meaning of "corresponding law; and evidence of certain
matters by certificate ".
36. Amendment of Schedules.
37. Repeal.
I ASSENT
[L.S.] STANISLAUS JAMES,
Acting Governor-General.
21 st December,1988.
SAINT LUCIA
No. 22 of 1988
AN ACT to make provisions with respect to dangerous or otherwise
harmful drugs and related matters, and for purposes connected
therewith.
[ 30th December, 1988. ]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with
the advice and consent of the House of Assembly and the Senate of
Saint Lucia and by the authority of the same, as follows:
This Act may be cited as the Drugs (Prevention Short Title. of
Misuse) Act, 1988.
—
-
(1) In this Act, except where the context otherwise
requires—
- "the Advisory Council"
-
means the Advisory Council on the Misuse of Drugs established
under this Act;
- "analyst"
-
means any person appointed as such for the purposes of this Act
by the Minister by notice in the Gazette;
- " cannabis" (
-
except in the expression 'cannabis resin ') means any plant of
the genus cannabis or any part of any such plant (by whatever name
designated);
- "cannabis resin"
-
means the separated resin, whether crude or purified obtained
from any plant or any part of a plant of the genus cannabis;
- " contravention"
-
includes failure to comply, and "contravene" has a corresponding
meaning;
- " controlled drug"
-
has the meaning assigned by section 4;
- "corresponding law"
-
has the meaning assigned by section 35;
- "dentist"
-
means a person registered as a dentist under the Medical
Registration Ordinance;
[Ch. 150]
- "doctor"
-
means a person registered as a medical of practitioner under the
Registration of Medical Practitioners Act 1967;
[No. 13 of 1967.]
- "druggist"
-
means a person registered as a druggist under the Druggist and
Poisons Ordinance, 1960;
[No. 9 of 1960.]
- "drug trafficking"
-
means doing or being concerned in any of the following, whether
in Saint Lucia or elsewhere—
( a)
producing or supplying a controlled drug where the production or
supply contravenes section 6 (1) or a corresponding law;
( b)
transporting or storing a controlled drug where possession of
the drug contravenes section 7 (1) or a corresponding law;
( c)
importing or exporting a controlled drug where the importation
or exportation is prohibited by section 5 (1) or a corresponding
law; and
d)
entering into or being otherwise concerned in an arrangement
whereby -
(i) the retention or control by or on behalf of another of the
proceeds of drug trafficking by him is facilitated, or
(ii) the proceeds of drug trafficking by another are used to
secure that funds are placed at his disposal or are used for his
benefit to acquire property by way of investment;
- " drug trafficking offence"
-
means any of the following —
( a)
an offence under section 6 (2) or (3) or 7 (2) or (3);
( b)
an offence under the Customs law in connection with a
prohibition or restriction on importation or exportation having
effect by virtue of section 5;
( c)
an offence under section 17;
( d)
conspiracy to commit any of the offences in paragraphs (a) to
(c) above;
( e)
an offence or attempting to commit any of those offences;
( f)
an offence of inciting another to commit any of those offences;
and
( g)
aiding, abetting, counselling or procuring the commission of
those offences;
Minister" means the Minister for the time being charged with
responsibility, for the subject of Health;
- "possession"
-
shall be given the meaning assigned to it in section 7 of the
Criminal Code;
[Ch. 250.]
- " practitioner"
-
(except in the expression "veterinary practitioner ") means a
doctor, a dentist or a veterinary practitioner;
- " premises"
-
includes any building out-house or land whether enclosed or
not;
- "prepared opium"
-
means opium prepared for smoking and includes dross and any
other residues remaining after opium has been smoked;
- "produce"
-
where the reference is to producing a controlled drug, means
producing it by manufacture, cultivation or any other method and
"production" has a corresponding meaning;
- " supplying"
-
includes distributing;
- " veterinary practitioner"
-
means any person in Saint Lucia holding a qualification
entitling him to practice as a veterinary surgeon in any part of
the Commonwealth or any person who within Saint Lucia is engaged in
the practice and profession of veterinary surgery.
-
(2) Reference in this Act to misusing a
drug are references to misusing it by taking it; and the reference
in the foregoing provision to the taking of a drug is a reference
to the taking of it by a human being by way of any form of self
administration, whether or not involving assistance by another.
-
(3) For the purposes of this Act the things which a person has
in his possession shall be taken to include any thing subject to
his control which is in the custody of another.
-
(1) Three shall be constituted in accordance with the First
Schedule an Advisory Council on the Misuse of Drugs (in this Act
referred to as the Advisory Council); and the supplementary
provisions contained in that Schedule shall have effect in relation
to the Advisory Council.
-
(2) It shall be the duty of the Advisory Council to keep under
review the situation in Saint Lucia with respect to drugs which are
being or appear to them likely to be misused and of which the
misuse is having or appears to them capable of having harmful
effects sufficient to constitute a social problem, and to give to
the Minister, where either the Advisory Council consider it
expedient to do so or they are consulted by the Minister, advice on
measures (whether or not involving alteration of the law) which in
the opinion of the Advisory Council ought to be taken for
preventing the misuse of such drugs or dealing with social problems
connected with their misuse, and in particular on measures which in
the opinion of the Advisory Council, ought to be taken—
-
( a)
for restricting the availability of such drugs or supervising
the arrangements for their supply;
-
( b)
for enabling persons affected by the misuse of such drugs to
obtain proper advice, and for securing the provision of proper
facilities and services for the treatment, rehabilitation and
after-care of such persons;
-
( c)
for promoting co-operation between the various professional and
community services which in the opinion of the Advisory Council
have a part to play in dealing with social problems connected with
the misuse of such drugs;
-
( d)
for educating the public (and in particular the young) in the
dangers of misusing such drugs, and for giving publicity to these
dangers; and
-
( e)
for promoting research into, or otherwise obtaining information
about, any matter which in the opinion of the Advisory Council, is
of relevance for the purpose of preventing the misuse of such drugs
or dealing with any social problem connected with their misuse.
-
(3) It shall also be the duty of the
Advisory Council to consider any matter relating to drug dependence
or the misuse of drugs which may be referred to them by the
Minister and to advise the Minister thereon.
—
-
(1) In this Act —
-
( a)
the expression "controlled drugs" means any substance or product
for the time being specified in Part I, Part II, or Part III of the
Second Schedule; and
-
( b)
the expressions " Class A drug", "Class B drug" and "Class C
drug" means any of the substances and products for the time being
specified respectively in Part I, Part II and Part III of the
Second Schedule;
and the provisions of Part IV of the Second Schedule shall have
effect with respect to the meanings of expressions used in that
Schedule.
-
(2) The Minister may after consultation with or on the
recommendation of the Advisory Council by Order made by Statutory
Instrument published in the Gazettemake such amendments to
the Second Schedule as may be requisite for the purpose of adding
any substance or product to, or removing any substance or product
from, any of Parts I to III of that Schedule.
-
(3) A Statutory Instrument made under this section may amend
Part IV of the Second Schedule, and may do so whether or not it
amends any other Part of that Schedule.
-
(1) Subject to subsection (2) —
-
( a)
the importation of a controlled drug; and
-
( b)
the exportation of a controlled drug;
are prohibited.
-
(2) Subsection (1) does not apply —
-
( a)
to the importation or exportation of a controlled drug which is
for the time being excepted from paragraph ( a) or, as the
case may be, paragraph ( b) of subsection (1) by Regulations
under section 9; or
-
( b)
to the importation and exportation of a controlled drug under
and in accordance with the terms of a licence issued by the
Minister and in compliance with any conditions attached
thereto.
-
(3) Any person who imports or exports
controlled drugs contrary to subsection (1) shall be guilty of an
offence and liable on conviction therefor to the penalties laid
down in section 27.
6. —
-
Subject to any Regulations under section 9 for the time being in
force, it shall not be lawful for a person —
-
( a)
to produce a controlled drug; or
-
( b)
to supply or offer to supply a controlled drug to another.
-
(2) Subject to section 30, it is an offence for a person
—
-
( a)
to produce a controlled drug in contravention of subsection (1);
or
-
( b)
to be concerned in the production of a controlled drug in
contravention of subsection (1) by another.
-
(3) Subject to section 30, it is an offence for a person
—
-
( a)
to supply or offer to supply a controlled drug to another in
contravention of sub-section (1);
-
( b)
to be concerned in the supply of a controlled drug to another in
contravention of subsection (1); or
-
( c)
to be concerned in the making to another in contravention of
subsection (1), of an offer to supply a controlled drug.
-
(1) Subject to any Regulations under section 9 for the time
being in force, it shall not be lawful for controlled a person to
have a drug in his possession,
-
(2) Subject to subsection (5) and to section 30, it is an
offence for a person to have a controlled drug in his possession in
contravention of subsection (1).
-
(3) Subject to section 30, it is an offence for a person to have
a controlled drug in his possession whether lawfully or not, with
intent to supply it to another in contravention of section 6
(1).
-
(4) Subject to subsection (1) a person found in possession of
the following controlled drugs in quantities of more than
—
-
( a)
two grammes of diacetylmorphine (heroin)
-
( b)
one gramme of cocaine,
-
( c)
fifty-five grammes of opium,
-
( d)
three grammes of morphine, or
-
( e)
fifteen grammes of cannabis or cannabis resin,
shall be deemed to be in possession of such controlled drug for
the purpose of supplying it to another or for drug trafficking in
contravention of section 6 (1) unless the contrary is proved, the
burden of proof being on the accused.
-
(5) In any proceedings for an offence under subsection (2) in
which it is proved that the accused had a controlled drug in his
possession, it shall be a defence for him to prove —
-
( a)
that, knowing or suspecting it to be a controlled drug, he took
possession of it for the purpose of preventing another from
committing or continuing to commit an offence in connection with
that drug, and that, as soon as possible after taking possession of
it, he took all such steps as were reasonably open to him to
destroy the drug or to deliver it into the custody of a person
lawfully entitled to take custody of it; or
-
( b)
that, knowing Or suspecting it to be a controlled drug, he took
possession of it for the purpose of delivering it into the custody
of a person lawfully entitled to take custody of it and that as
soon as possible after taking possession of it he took all such
steps as were reasonably open to him to deliver it into the custody
of such a person.
-
(6) Subsection (5) shall apply in the case of proceedings for an
offence under section 20 consisting of an attempt to commit an
offence under subsection (2) as it applies in the case of
proceedings for an offence under subsection (2), subject to the
following modifications, that is to say —
-
( a)
for the references to the accused having in his possession, and
to his taking possession of, a controlled drug there shall be
substituted respectively references to his attempting to get, and
to his attempting to take, possession of such a drug; and
-
( b)
in paragraphs (a) and (b) the words from "and that as soon as
possible" onwards shall be omitted.
-
(7) Nothing in subsection (5) or (6) shall prejudice any defence
which is open to a person charged with an offence under this
section to raise apart from those subsections.
-
(1) Subject to any Regulations under section 9 for the time
being in force, it shall not be lawful for a person to cultivate
any plant of the genus Cannabis.
-
(2) Subject to section 30, it is an Offence to cultivate any
such plant in contravention of subsection (1).
-
(1) The Minister may by Regulations made by Statutory Instrument
—
-
( a)
exclude or except from section 5 (1) ( a) or ( b),
6 (1) ( a) or ( b) or 7 (1) such controlled drugs as
may be specified in the Regulations; and
-
( b)
make such other provision as he thinks fit for the purpose of
making it lawful for persons to do things which under the following
provisions of this Act, that is to say sections 6 (1), 7 (1) and 8
(1), it would otherwise be unlawful for them to do.
-
(2) Without prejudice to the generality of paragraph ( b)
of subsection (1), Regulations under that sub-section authorising
the doing of any such thing as is mentioned in that paragraph may
in particular provide for the doing of that thing to be
lawful—
-
( a)
if it is done under and in accordance with the terms of a
licence or other authority issued by the Minister and in compliance
with any conditions attached thereto; or
-
( b)
if it is done in compliance with such conditions as may be
prescribed.
-
(3) Subject to subsection (4), the Minister shall so exercise
his powers to make Regulations under subsection (1) as to
secure—
-
( a)
that it is not unlawful under section 6 (1) for a doctor,
dentist or veterinary practitioner acting in his capacity as such,
to prescribe, administer, manufacture, compound or supply a
controlled drug, or for a druggist or a person lawfully conducting
a retail pharmacy business, acting in either case in his capacity
as such, to manufacture, compound or supply a controlled drug;
and
-
( b
) that it is not unlawful under section 7 (1) for a doctor,
dentist, veterinary practitioner, druggist or person lawfully
conducting a retail pharmacy business to have a controlled drug in
his possession for the purpose of acting in his capacity as
such.
-
(4) If in the case of a controlled drug the Minister is of the
opinion that it is in the public interest—
-
( a)
for production, supply and possession of that drug to be either
wholly unlawful or unlawful except for purposes of research or
other special purposes; or
-
( b)
for it to be unlawful for practitioners, druggists and persons
lawfully conducting retail pharmacy businesses to do in relation to
that drug any of the things mentioned in subsection (3) except
under a licence or other authority issued by the Minister,
he may by Order made by Statutory Instrument designate that drug
as a drug to which this subsection applies; and while there is in
force an Order made by Statutory Instrument under this subsection
designating a controlled drug as one to which this subsection
applies, subsection (3) shall not apply as regards that drug.
-
(5) An Order made by Statutory Instrument under subsection (4)
shall be subject to negative resolution of either the Senate or the
House of Assembly.
-
(6) The Minister shall not make any Order by Statutory
Instrument under subsection (4) except after consultation with or
on the recommendation of the Advisory Council.
-
(7) References in this section to a person "doing" things
include references to his having things in his possession.
A person commits an offence if, being the occupier, owner or
concerned in the management of any premises, he knowingly permits
or suffers any of the following activities to take place on those
premises, that is to say —
-
( a)
producing or attempting to produce a there. controlled drug in
contravention of section 6 (1);
-
( b)
supplying or attempting to supply a controlled drug to another
in contravention of section 6 (1), or offering to supply a
controlled drug to another in contravention of section 6 (1);
-
( c)
preparing cannabis, cannabis resin or opium for smoking; or
-
( d)
smoking cannabis, cannabis resin or prepared opium.
Subject to section 30, it is an offence for a person —
-
( a)
to smoke or otherwise use prepared opium;
-
( b)
to frequent a place used for the purpose of opium smoking;
or
-
( c)
to have in his possession
-
(i) any pipes or other utensils made or adopted for use in
connection with the smoking of opium, being pipes or utensils which
have been used by him or with his knowledge and permission in that
connection or which he intends to use or permit others to use in
that connection; or
-
(ii) any utensils which have been used by him or with his
knowledge and permission in connection with the preparation of
opium for smoking.
-
(1) Subject to the provisions of this Act,
the Minister may by Regulations made by Statutory Instrument make
such provisions as appear to him necessary or expedient for
preventing the misuse of controlled drugs.
-
(2) Without prejudice to the generality of subsection (1),
Regulations under this section may in particular make provisions
for the following:
-
( a)
requiring precautions to be taken for the safe custody of
controlled drugs;
-
( b)
imposing requirements as to the documentation of transactions
involving controlled drugs, and for requiring copies of documents
relating to such transactions to be furnished to the prescribed
authority;
-
( c)
requiring the keeping of records and the furnishing of
information with respect to controlled drugs in such circumstances
and in such manner as may be prescribed;
-
( d)
the inspection of any precautions taken or records kept in
pursuance of Regulations under this section;
-
( e)
the packaging and labelling of controlled drugs;
-
( f)
regulating the transport of controlled drugs and the methods
used for destroying or otherwise, disposing of such drugs when no
longer required;
-
( g)
regulating the issue of prescriptions containing controlled
drugs and the supply of controlled drugs on prescriptions, and for
requiring persons issuing or dispensing prescriptions containing
such drugs to furnish to the prescribed authority such information
relating to those prescriptions as may be prescribed;
-
( h)
requiring any doctor who attends to any person whom he
considers, or has reasonable grounds to suspect, is addicted
(within the meaning of the Regulations) to controlled drugs of any
description, to furnish to the prescribed authority such
particulars with respect to that person as may be prescribed;
and
-
( i)
prohibiting any doctor from administering, supplying and
authorising the administration and supply to persons so addicted,
and from prescribing for such persons, such controlled drugs as may
be prescribed, except under and in accordance with the terms of a
licence issued by the Minister in pursuance of the Regulations.
-
(1) Without prejudice to any requirement
imposed by Regulations made in pursuance of section 12 (2) (a), the
Minister may by notice in writing served on the occupier of any
premises on which controlled drugs are or are proposed to be kept
give directions as to the taking of precautions or further
precautions for the safe custody of any controlled drugs of a
description specified in the notice which are or are proposed to be
kept on those premises.
-
(2) It is an offence to contravene any directions given under
subsection (1).
-
(1) Where a person who is a practitioner or druggist has, after
the coming into operation of this Act, been convicted of an offence
under this Act, the Minister may give a direction in writing under
subsection (2) in respect of that person.
-
(2) A direction under this subsection in respect of a person
shall—
-
( a)
if that person is a practitioner, be a direction prohibiting him
from having in his possession, prescribing, administering,
manufacturing, compounding and supplying and from authorising the
administration and supply of such controlled drugs as may be
specified in the direction;
-
( b)
if that person is a druggist, be a direction prohibiting him
from having in his possession, manufacturing, compounding and
supplying and from supervising and controlling the manufacture,
compounding and supply of such controlled drugs as may be specified
in the direction.
-
(3) The Minister may at any time give a direction cancelling or
suspending any direction given by him under subsection (2), or
cancelling any direction of his under this subsection by which a
direction so given is suspended.
-
(4) The Minister shall cause a copy of any direction given by
him under this section to be served on the person to whom it
applies, and shall cause notice of any such direction to be
published in the Gazette.
-
(5) A direction under this section shall take effect when a copy
of it is served on the person to whom it applies.
-
(6) It is an offence to contravene a direction given under
subsection (2).
—
-
(1) In the event of a contravention by a
doctor of Regulations made in pursuance of paragraph ( h) or
( i) of section 12 (2) or of the terms of a licence issued
under Regulations made in pursuance of paragraph ( i), the
Minister may give a direction in, respect of the doctor concerned
prohibiting him from prescribing, administering and supplying and
from authorising the administration and supply of such controlled
drugs as may be specified in the direction.
-
(2) If the Minister is of the opinion that a practitioner is or
has after the coming into operation of this Act been prescribing,
administering or supplying or authorising the administration or
supply of any controlled drugs in an irresponsible manner, the
Minister may, with the approval of the Advisory Council, give a
direction in respect of the practitioner concerned prohibiting him
from prescribing, administering and supplying and from authorising
the administration and supply of such controlled drugs as may be
specified in the direction.
-
(3) A contravention such as is mentioned in subsection (1) does
not as such constitute an offence, but it is an offence to
contravene a direction given under subsection (1) or (2).
-
(1) A person who commits the offence of [rug trafficking or of
being in possession of a controlled drug for the purpose of drug
trafficking is liable —
-
( a)
on summary conviction—
-
(i) to a fine of one hundred thousand dollars or where there is
evidence of the street value of the controlled drug, three times
the street value of the controlled drug whichever is the greater;
and
-
(ii) to imprisonment for a term which may extend to ten years
but which shall not be less than five years; or
-
( b)
upon conviction on indictment to imprisonment for life.
-
(2) A person who commits the offence of drug trafficking in a
substance other than a controlled drug, which he represents or
holds out to be a controlled drug is liable—
-
( a)
upon summary conviction to a fine of five thousand dollars and
to imprisonment for two years; or
-
( b)
upon conviction on indictment to a fine of twenty-five thousand
dollars and to imprisonment for five years.
-
(3) Subject to any Regulations under section 9 for the tinge
being in force a person found in possession of a controlled drug in
any school premises is deemed to have the controlled drug for the
purpose of drug trafficking, unless the contrary is proved, the
burden of proof being on the accused.
-
(4) In subsection (3) "school premises"
includes buildings, playing fields or other premises established or
maintained by a school for the benefit of its pupils whether or not
such buildings, playing fields or other premises are within the
curtilage of the school.
—
-
(1) If a person enters into or is otherwise concerned in an
arrangement whereby —
-
( a)
the retention or control by or on behalf of another (call him "A
") of the proceeds of drug trafficking by A is facilitated (whether
. by concealment, removal from the jurisdiction, transfer to
nominees or otherwise); or
-
( b)
the proceeds of drug trafficking by A —
-
(i) are used to secure that funds are placed at A's disposal,
or
-
(ii) are used for A's benefit to acquire property by way of
investment,
knowing or suspecting or having reasonable grounds to suspect
that A is a person who carries on or has carried on drug
trafficking, he is guilty of an offence.
-
(2) In this section, references to the proceeds of drug
trafficking by any person include a reference to any property which
directly or indirectly represented in his hands the proceeds of
drug trafficking by him.
-
(3) In proceedings against a person for an offence under this
section, it is a defence to prove —
-
( a)
that he did not know or suspect that the arrangement related to
the proceeds of drug trafficking by A; or
-
( b)
that he did not know or suspect that by the arrangement the
retention or control by or on behalf of A of those proceeds was
facilitated or, as the case may be, that by the arrangement those
proceeds were used as mentioned in subsection (1).
-
(4) A person guilty of an offence under this section shall be
liable—
-
( a)
on summary conviction to a fine of five thousand dollars and to
imprisonment for two years; or
-
( b)
on conviction on indictment to a fine of fifty thousand dollars
and to imprisonment for a term not exceeding fourteen years.
-
(1) If it appears to the Minister that there exists in any area
in Saint Lucia a social problem caused by the extensive misuse of
dangerous or other-wise harmful drugs in that area, he may by
notice in writing served on any doctor or druggist practising in or
in the vicinity of that area, or on any person lawfully conducting
a retail pharmacy business at any premises situated in or in the
vicinity of that area, require him to furnish to the Minister, with
respect to any such drugs specified in the notice and as regards
any period so specified, such particulars as may be so specified
relating to the quantities in which and the number and frequency of
the occasions on which those drugs—
-
( a)
in the case of a doctor, were prescribed, administered or
supplied by him;
-
( b)
in the case of a druggist, were supplied by him; or
-
( c)
in the case of a person conducting a retail pharmacy business,
were supplied in the course of that business at any premises so
situated which may be specified in the notice.
-
(2) A notice under subsection (1) may require any such
particulars to be furnished in such manner and within such time as
may be specified in the notice and, if served on a druggist or
person conducting a retail pharmacy business, may require him to
furnish the names and addresses of doctors on whose prescriptions
any dangerous or otherwise harmful drugs to which the notice
relates were supplied, but shall not require any person to furnish
any particulars relating to the identity of any person for or to
whom any such drug has been prescribed, administered or
supplied.
-
(3) A person commits an offence if without reasonable excuse
(proof of which shall lie on him) he fails to comply with any
requirements to which he is subject by virtue of subsection
(1).
-
(4) A person commits an offence if in purported compliance with
a requirement imposed under this section, he gives any information
which he knows to be false in a material particular or recklessly
gives any information which is so false.
-
(1) It is an offence for a person to contravene any Regulation
made under this Act other than Regulations made in pursuance of
section 12 (2) ( h) or ( i).
-
(2) It is an offence for a person to contravene a condition or
other term of a licence issued under section 5 or of a licence or
other authority issued under Regulations made under this Act, not
being a licence issued under Regulations made in pursuance of
section 12 (2) ( i).
-
(3) A person commits an offence if, in purported compliance with
any obligation to give information to which he is subject under or
by virtue of Regulations made under this Act, he gives any
information which he knows to be false in a material particular or
recklessly gives any information which is so false.
-
(4) A person commits an offence if, for the purpose of
obtaining, whether for himself or another, the issue or renewal of
a licence or other authority under this Act or under any
Regulations made under this Act, he—
-
( a)
makes any statement or gives any information which he knows to
be false in a material particular or recklessly gives any
information which is so false; or
-
( b)
produces or otherwise makes use of any book, record or other
document which to his knowledge contains any statement or
information which he knows to be false in a material
particular.
It is an offence for a person to attempt to commit an offence
under any other provision of this Act or to incite or attempt to
incite another to commit such an offence.
A person commits an offence if in Saint Lucia he assists in or
induces the commission in any place outside Saint Lucia of an
offence punishable 'under the provisions of a corresponding law in
force in that place.
Where any offence under this Act committed by a body corporate
is proved to have been committed with the consent or connivance of,
or be attributable to any neglect on the part of, any director,
manager, secretary or other similar officer of the body corporate,
or any person purporting to act in any such capacity, he as well as
the body corporate shall be guilty of that offence and shall be
liable and be proceeded against accordingly.
The Minister may by Regulations made by Statutory Instrument
make provision—
-
( a)
for excluding in such cases as may be prescribed —
-
(i) the application of any provision of this Act which creates
an offence; or
-
(ii) the application of provisions of the Customs Law in so far
as they apply in relation to a prohibition or restriction on
importation or exportation having effect by virtue of section 5;
or
-
( b)
for the application of any provisions of this Act or Regulations
or orders thereunder to servants or agents of the Crown, subject to
such exceptions, adaptations and modifications as may be
prescribed.
-
(1) A member of the Police Force or other person authorised in
that behalf by a general or special order of the Minister shall,
for the purposes of the execution of this Act, have power to enter
the premises of a person carrying on business as a producer or
supplier of any controlled drug and to demand the production of,
and to inspect, any books or documents relating to dealings in any
such drugs and to inspect any stocks of any such drugs.
-
(2) If a member of the Police Force has
reasonable grounds to suspect that any person is in possession of a
controlled drug in contravention of this Act or of any Regulations
made thereunder the member of the Police Force may subject to
subsections (3), (6) and (7) —
-
( a)
search that person, and detain him for the purpose of searching
him;
-
( b)
search any ship, vessel, boat, aircraft, vehicle or other means
of conveyance of any description in which the member of the Police
Force suspects that the drug may be found, and for that purpose
require the person in control of the ship, vessel, boat, aircraft,
vehicle or other means of conveyance of any description to stop it;
or
-
( c)
seize and detain for the purposes of proceedings under this Act,
anything found m the course of the search which appears to the
member of the Police Force to be evidence of an offence under this
Act.
-
(3) Nothing in subsection (2) shall derogate from any power of
search or any power to seize or detain property which is otherwise
exercisable by a member of the Police Force.
-
(4) If a Magistrate is satisfied by information on oath that
there is reasonable ground for suspecting—
-
( a)
that any controlled drug is, in contravention of this Act or of
any Regulations made thereunder, in the possession of a person on
any premises or in any place; or
-
( b)
that a document directly or indirectly relating to, or connected
with, a transaction or dealing which was, or an intended
transaction or dealing which would if carried out be, an offence
under this Act, or in the case of a transaction or dealing carried
out or intended to be carried out in a place outside Saint Lucia an
offence against the provisions of a corresponding law in force in
that place, is in the possession of a person on any premises or in
any place,
he may issue a warrant authorising any member of the Police
Force at any time or times within one month from the date of issue
of the warrant, to enter, if need be by force, the premises or
place named in the warrant, and to search such premises or place
and any reasonable ground for suspecting that an offence under this
Act has been committed in relation to any controlled drugs found on
the premises or place or in the possession of any such person, or
that a document so found is such a document as is mentioned in
paragraph ( b), to seize and detain those drugs or that
document, as the case may be.
-
(5) A person commits an offence if he —
-
( a)
intentionally obstructs a person in the exercise of his powers
under this section;
-
( b)
being the person in control of the ship, vessel, boat, aircraft,
vehicle or other means of conveyance of any description fails to
stop it when required to do so by a member of the Police Force
under subsection (2) ( b);
-
( c)
being a person being conveyed in a ship, vessel, boat, aircraft,
vehicle or other means of conveyance of any description prevents or
intimidates the person in control (of or any other person operating
the ship, vessel, boat, aircraft, vehicle or other means of
conveyance of any description from stopping when required to do so
by a member of the Police Force under subsection (2)(
b);
-
( d)
without the permission of the member of the Police Force
concerned, leaves a ship, vessel, boat, aircraft, vehicle or other
means of conveyance of any description which has been stopped by a
member of the Police Force under subsection (2) ( b);
-
( e)
conceals from a person acting in the exercise of his powers
trader subsection (1) any such books, documents, stocks or drugs as
are mentioned in that subsection; or
-
( f)
without reasonable excuse (proof of which shall lie on him)
fails to produce any such books or documents as are so mentioned
where their production is demanded by a person in the exercise of
his powers under that subsection.
-
(6) No person may be searched by any person of the opposite sex
unless the consent of the person to be searched has first been
obtained, or unless such search is made in the presence of some
other person, not being a member of the Police Force, of the same
sex.
-
(7) No article of a person's clothing may be removed from his
person during a search at any place other than within a police
station.
-
(1) A member of the Police Force may arrest without warrant a
person who has committed, attempted to commit, or whom the member
of the Police Force, with reasonable cause, suspects to have
committed or attempted to commit an offence under this Act.
-
(2) Where any controlled drug is found
on any premises searched under section 24 (1), or in any ship,
vessel, boat, aircraft, vehicle or other means of conveyance of any
description stopped under section 24 (2), the member of the Police
Force who has made the search or stopped the ship, vessel, boat,
aircraft, vehicle or other means of conveyance of any description,
as the case may be, may arrest without warrant any person in such
premises or in such ship, vessel, boat, aircraft, vehicle or other
means of conveyance of any description whom he has reason to
believe to be guilty of an offence under this Act.
-
(3) This section shall not prejudice any power of arrest
conferred by law apart from this section.
-
(1) Where on the summary trial of an offence committed under
this Act and triable either summarily or on indictment a person who
is not less than eighteen years of age is convicted of the offence,
then, if on obtaining information that his character and
antecedents are such that in the opinion of the Magistrate greater
punishment should be inflicted for the offence than the Magistrate
has power to inflict, the Magistrate may commit that person in
custody to the High Court for sentence and shall, as soon as
practicable, transmit to the Registrar of the High Court the record
of the proceedings.
-
(2) On receipt of the record, the Registrar of the High Court
shall issue an order to the gaoler to bring the convicted person
before a Judge of the High Court at a time to be fixed by the Judge
of the High Court.
-
(3) The Judge of the High Court shall enquire into the
circumstances of the case and shall have power to deal with the
convicted person as if he had just been convicted of the offence on
indictment before the High Court.
-
(1) Except where expressly otherwise provided the Third Schedule
shall have effect, in accordance with subsection (2), with respect
to the way in which offences under this Act are punishable on
conviction.
-
(2) In relation to an offence under a provision of this Act
specified in the first column of the Third Schedule (the general
nature of the offence being described in the second
column)—
-
( a)
the third column shows whether the offence is punishable on
summary conviction or on indictment or in either way;
-
( b)
the fourth, fifth and sixth columns show respectively the
punishments which may be imposed on a person convicted of the
offence in the way specified in relation thereto in the third
column (that is to say, summarily or on indictment) according to
whether the controlled drug in relation to which the offence was
committed was a Class A drug, a Class B drug or a Class C drug;
and
-
( c)
the seventh column shows the punishments which may be imposed on
a person convicted of the offence in the way specified in relation
thereto in the third column (that is to say, summarily or on
indictment), whether or not the offence was committed in relation
to a controlled drug and, if it was so committed, irrespective of
whether the drug was a Class A drug, a Class B drug or a Class C
drug;
and in the fourth, fifth, sixth and seventh columns a reference
to a period gives the maximum term of imprisonment and a reference
to a sum of money the maximum fine.
-
(3) An offence under section 20 shall be punished on summary
conviction, on indictment or in either way according to whether,
under the Third Schedule, the substantive offence is punishable on
summary conviction, on indictment or in either way; and the
punishments which may be imposed on a person convicted of an
offence under that section are the same as those which, under that
Schedule, may be imposed on a person convicted of the substantive
offence.
-
(4) In subsection (3) "the substantive offence" means the
offence under this Act to which the attempt or, as the case may be,
the incitement or attempted incitement mentioned in section 20 was
directed.
-
(5) Notwithstanding the provisions of section 1046 of the
Criminal Code a Magistrate may try an information or complaint for
an offence under this Act if the information or complaint was laid
or, as the case may be, made at any time within twelve months from
the commission of the offence.
[Ch. 250]
-
(1) Where a person is convicted of an offence under this Act
other than a drug trafficking offence, the court shall order
forfeiture to the Government of Saint Lucia of any opium pipe or
other article or the controlled drug in respect of which the
offence was committed and all receptacles of any kind whatsoever
found containing the controlled drug and any ship, vessel, boat,
aircraft, vehicle or other means of conveyance of any description,
proved to have contained the opium pipe or other article or
controlled drug or anything shown to the satisfaction of the court
to relate to the offence.
-
(2) Without prejudice to subsection (1), where a person is
convicted of a drug trafficking offence the court shall in passing
sentence order forfeiture to the Government of Saint Lucia
of—
-
( a)
any article;
-
( b)
any money; or
-
( c)
any valuable consideration,
relating to the offence.
-
(3) Forfeiture shall extend—
-
( a)
to any property which there is reason to believe has been
obtained from the proceeds of anything relating to the offence for
which a person is convicted under this Act or to a conspiracy to
commit any such offence; or
-
( b)
to any thing into which any such property has been
converted.
-
(4) Subject to subsection (5) forfeiture under this section may
be applied to the treatment and rehabilitation of persons addicted
(within the meaning of the Regulations) to controlled drugs of any
description.
-
(5) Controlled drugs forfeited under this section shall be
delivered to the Commissioner of Police for immediate disposal.
-
(1) Subject to subsections (3) and (4), notwithstanding the
provisions of any other law, a certificate of an analyst purporting
to be signed by him stating that he has analysed or examined a
substance and stating the result of such analysis or examination is
admissible in evidence in any prosecution under this Act of the
matters stated therein if it is proved by other evidence that the
seals or other fastenings of the container of the substance or
thing analysed and in respect of which the certificate was given
were intact at the time the container was delivered to him.
-
(2) No evidence shall be required by the court as to the
signature or qualifications of the person purporting to have signed
the certificate.
-
(3) No certificate shall be received in evidence unless the
party intending to produce it has given to the other parties seven
days notice of such intention and has furnished with such notice a
copy of the certificate.
-
(4) In any prosecution under this Act either of the parties may
require the attendance or an analyst to give evidence and in such
case the costs of his attendance shall, unless the Judge or
Magistrate orders otherwise, be payable by the party so
requiring.
-
(1) This section applies to offences under any of the following
provisions of this Act, that is to say, section 6 (2) and (3),
section 7 (2) and (3), section 8 (2) and section 11.
-
(2) Subject to subsection (3), in any proceedings for an offence
to which this section applies it shall be a defence for the person
charged to prove that he neither knew of nor suspected nor had
reason to suspect the existence of some fact alleged by the
prosecution which it is necessary for the prosecution to prove if
he is to be convicted of the offence charged.
-
(3) Where in any proceedings for an
offence to which this section applies it is necessary if the
accused is to be convicted of the offence charged, for the
prosecution to prove that some substance or product involved in the
alleged offence was the controlled drug which the prosecution
alleges it to have been, and it is proved that the substance or
product in question was that controlled drug, the
accused—
-
( a)
shall not be acquitted of the offence charged by reason only of
proving that he neither knew, nor suspected nor had reason to
suspect that the substance or product in question was the
particular controlled drug alleged; but
-
( b)
shall be acquitted thereof—
-
(i) if he proves that he neither believed nor suspected nor had
reason to suspect that the substance or product in question was a
controlled drug; or
-
(ii) if he proves that he believed the substance or product in
question to be a controlled drug, or a controlled drug of a
description, such that if it had in fact been that controlled drug
or a controlled drug of that description he would not at the
material time have been committing any offence to which this
section applies.
-
(4) Nothing in this section shall prejudice any defence which it
is open to a person charged with an offence to which this section
applies to raise apart from this section.
-
(1) Any notice or other document required or authorised by any
provision of this Act to be served on any person may be served on
him either by delivering it to him or by leaving it at his proper
address or by sending it by post.
-
(2) Any notice or other document so required or authorised to be
served on a body corporate shall be duly served if it is served on
the secretary or clerk of that body.
-
(3) For the purposes of this section the proper address of any
person shall, in the case of the secretary or clerk of a body
corporate, be that of the registered or principal office of that
body, and in any other case shall be the last address of the person
to be served which is known to the Minister.
A licence or other authority issued by the Minister for the
purposes of this Act or of Regulations made under this Act may be,
to any degree, general or specific, issued on such terms and
subject to such conditions (including in the case of a licence the
payment of a prescribed fee) as the Minister thinks proper, and may
be modified or revoked by him at any time.
-
(1) Regulations made by the Minister under any provision of this
Act —
-
( a)
may make different provisions in relation to different
controlled drugs, different classes of persons, different
provisions of this Act or other different cases or circumstances
;
-
( b)
may make the opinion, consent or approval of a prescribed
authority or of any person authorised in a prescribed manner
material for purposes of any provision of the Regulations ; and
-
( c)
may contain such supplementary, incidental and transitional
provisions as appear expedient to the Minister.
-
(2) The Minister shall not make any Regulations under this Act
except after consultation with the Advisory Council.
-
(3) Any Regulations made under this Act by the Minister shall be
subject to negative Resolution of the House of Assembly and the
Senate.
The Minister may conduct or assist in conducting research into
any matter relating to the misuse of dangerous or otherwise harmful
drugs.
-
(1) In this Act the expression "corresponding law" means a law
stated in a certificate purporting to be issued by or on behalf of
the Government of a country outside Saint Lucia to be a law
providing for the control and regulation in that country of the
production, supply, use, export and import of drugs and other
substances in accordance with the provisions of the Single
Convention on Narcotic Drugs signed at New York on 30th March, 1961
or a law providing for the control and regulation in that country
of the production, supply, use, export and import of dangerous or
otherwise harmful drugs in pursuance of any treaty, convention or
other agreement or arrangement to which the Government of that
country and the Government of Saint Lucia are for the time being
parties.
-
(2) A statement in any such certificate as aforesaid to the
effect that any facts constitute an offence against the law
mentioned in the certificate shall be conclusive evidence of the
matters stated.
The Minister may by Order made by Statutory Instrument amend the
Schedules.
-
(1) The following enactments are repealed—
-
(i) The Dangerous Drugs Ordinance ;
-
(ii) The Dangerous Drugs (Amendment) Act 1975 ; and
-
(iii) The Dangerous Drugs Ordinance
(Amendment) (No. 2) Act 1979.
-
(2) Any subsidiary legislation made under the enactments
referred to in subsection (1) which is in conformity with this Act
shall continue to apply until Regulations are made under this
Act.
-
Passed in the House of Assembly this 22nd day of November,
1988.
ALLAN BOUSQUET,
Deputy Speaker.
Passed in the Senate this 29th day of November, 1988.
E. HENRY GIRAUDY,
President.
(Section 3)
CONSTITUTION OF ADVISORY COUNCIL ON THE MISUSE OF DRUGS
-
1.
-
(1) The members of the Advisory Council, of whom there shall be
not more than eleven nor less than seven, shall be appointed by the
Minister after consultation with such organisations as he considers
appropriate, and shall include—
-
(a) in relation to each of the activities specified in
sub-paragraph (2) at least one person appearing to the Minister to
have wide and recent experience of that activity; and
-
(b) persons appearing to the Minister to have wide and recent
experience of social problems connected with the misuse of
drugs.
-
(2) The activities referred to in sub-paragraph (1) (a)
are—
-
(a) the practice of medicine (other than veterinary medicine)
;
-
(b) the practice of dentistry ;
-
(c) the practice of veterinary medicine ;
-
(d) the practice of pharmacy ;
-
(3) The Minister shall appoint one of the members of the
Advisory Council to be chairman of the Advisory Council.
-
2. The Advisory Council may appoint committees, which may
consist in part of persons who are not members of the Advisory
Council to consider and report to the Advisory Council on any
matter referred to them by the Advisory Council.
-
3. At meetings of the Advisory Council
the quorum shall be four, and subject to that the Advisory Council
may determine their own procedure.
(Section 4)
CONTROLLED DRUGS
PART I
-
The following substances and products, namely -
Acetorphine
Allylprodine
Alphacetylmethadol
Alphameprodine
Alphamethadol
Alphaprodine
Anileridine
Benzethidine
Benzylmorphine (3-benzylmorphine)
Betacetylmethadol
Betameprodine
Betamethadol
Bezitramide
Bufotenine
Cannabinol, except where contained in cannabis or cannabis
resin
Cannabinol derivatives
Cannabis
Cannabis resin
Clonitazene
Coca leaf
Cocaine
Desomorphine
Dextromoramide
Diamorphine
Diampromide
Diethylthiambutene
Dihydrocodeinone - O - carboxy - methyloxime
Dihydromorphine
Dimenoxadole
Dimepheptanol
Dimethylthiambutene
Dioxaphetyl butyrate
Diphenoxylate
Dipipanone
Ecgonine, and any derivative of ecgonine which is convertible to
ecgonine or to cocaine
Ethylmethylthiambutene
Etonitazene
Etorphine
Etoxeridine
Fentanyl
Furethidine
Hydrocodone
Hydromorphinol
Hydromorphone
Hydroxypethidine
Isomethadone
Ketobemidone
Levomethorphan
Levomoramide
Levophenacylmorphan
Levorphanol
Lysergamide
Lysergide and other N-alkyl deriva-
tives of lysergamide
Mescaline
Metazocine
Methadone
Methadyl acetate
Methyldesorphine
Methyldihydromorphine (6-methyldihydromorphine)
Metopon
Morpheridine
Morphine
Morphine methobromide, morphine N-oxide and other pentavalent
nitrogen morphine derivatives
Myrophine
Nicodicodine (6-nicotinoyldi-hydrocodeine)
Nicomorphine (3,6-dinicothinoylmorphine)
Noracymethadol
Norlevorphanol
Normethadone
Normorphine
Norpipanone
Opium, whether raw, prepared or medicinal
Oxycodone
Oxymorphone
Pethidine
Phenadoxone
Phenampromide
Phenazocine
Phenomorphan
Phenoperidine
Piminodine
Piritramide
Poppy-straw and concentrate of poppy-straw
Proheptazine
Properidine (1-methyl 4 phenyl-piperidine 4-carboxylic acid
isopropyl ester)
Psilocin
Racemethorphan
Racesmoramide
Racemorphan
Thebacon
Thebaine
Trimeperidine
4-Cyano-2- dimethylamino- 4, 4-diphenylbutane
4-Cyano-l-methyl-4-phenylpiperidine
N,N-Diethyltrptamine
N,N-Dimethyltryptamine
2,5-Dimethozy-x4-dimethylphene-thylamine
1-Methyl-4-phenylpiperidine-4-carboxylic acid
2-Methyl-3-morpholino-1, 1-diphenylpropanecarboxylic acid
4-Phenylpiperidine-4-oarboxylic acid ethyl ester.
-
2. Any stereoisomerio form of a substance for the time being
specified in paragraph 1 above not being dextromethorphan or
dextrorphan.
-
3. Any ester or ether of a substance for the time being
specified in paragraph 1 or 2.
-
4. Any salt of a substance for the time being specified in any
of paragraphs 1 to 3.
-
5. Any preparation or other product containing a substance or
product for the time being specified in any of paragraphs 1 to
4.
-
6. Any preparation designed for administration by injection
which includes a substance or product for the time being specified
in any of paragraphs 1 to 3 of Part II.
CLASS B DRUGS
-
1. The following substances and products, namely —
|
Acetyldihdrocodeine
|
Methylamphetamine
|
|
Amphetamine
|
Methylphenidate
|
|
Cannabis and cannabis resin
|
Nicocodine
|
|
Codeine
|
Norcodeine
|
|
Dexamphetamine
|
Phenmetrazine
|
|
Dihydrocodeine
|
Pholcodine
|
|
Ethylmorphine (3-ethylomorphine)
|
|
-
2. Any stereoisomeric form of a substance for the time being
specified in paragraph 1 of this Part of this Schedule.
-
3. Any salt of a substance for the time being specified in
paragraph 1 or 2 of this Part of this Schedule.
-
4. Any preparation or other product
containing a substance or product for the time being specified in
any of paragraph 1 or 3 of this Part of this Schedule, not being a
preparation falling within paragraph 6 of Part I of this
Schedule.
CLASS C DRUGS
-
1. The following substances, namely —
|
Benzphetamine
|
Pemoline
|
|
Chlorphentermine
|
Phendimetrazine
|
|
Fencamfamin
|
Phentermine
|
|
Mephentermine
|
Pipradrol
|
|
Methaqualone
|
Prolintane
|
-
2. Any stereoisomeric form of a substance for the time being
specified in paragraph 1 of this Part of this Schedule.
-
3. Any salt of a substance for the time being specified in
paragraph 1 or 2 of this Part of this Schedule.
-
4. Any preparation or other product containing a substance for
the time being specified in any of paragraphs 1 to 3 of this Part
of this Schedule.
MEANING OF CERTAIN EXPRESSIONS USED IN THIS SCHEDULE
For the purposes of this Schedule the following expressions
(which are not among those defined in section 2 of this Act) have
the meanings hereby assigned to them respectively, that is to say
—
- "'cannabinol derivatives"
-
means the following substances, except where contained in
cannabis or cannabis resin, namely— tetrahydro derivatives of
cannabinol and 3-alkyl homologues of cannabinol or of its
tetrahydro derivatives;
- "coca leaf"
-
means the leaf of any plant of the genus Erythroxylon from whose
leaves cocaine can be extracted either directly or by chemical
transformation;
- " concentrate of poppy-straw"
-
means the material produced when poppy-straw has entered into a
process for the concentration of its alkaloids;
- "medicinal 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 m any other form, and whether it is or is not
mixed with neutral substances;
- "opium poppy"
-
means the plant of the species Papaver somniferum L;
- "poppy-straw"
-
means all parts, except the seeds, of the opium poppy after
mowing;
- "raw opium"
-
includes powdered or granulated opium but does not include
medicinal opium.
(Section 21)
PROSECUTION AND PUNISHMENT OF OFFENCES
|
Section 5 (3)
|
Importation or exportation of a controlled drug
|
(a) Summary
|
3 years or $100,000
|
3 years or $100,000
|
2 years or $75,000
|
|
|
(b) On in- dictment
|
14 years and$200,000
|
14 years and$200,000
|
14 years and $200,000
|
|
|
Section 6 (2)
|
Production or being concerned in the pro- duction of a con-
trolled drug
|
(a) Summary
(b) On in-dictment
|
3 years or $100,000
14 years and $200,000
|
3 years or $ 100,000
14 years and $200,000
|
2 years or $75,000
14 years and $200,000
|
|
|
Section 6 (3)
|
Supplying or offering to supply a con-trolled drug or being
concerned in the doing of either activity by another
|
(a) Summary
(b) On in-dictment
|
3 years or $100,000
14 years and $200,000
|
3 years or $100,000
14 years and $200,000
|
2 years or $75,000
10 years and $200,000
|
|
|
Section 7 (2)
|
Having possession of a controlled drug
|
(a) Summary
(b) On in- dictment
|
3 years or $100,000
7 years or $200,000
|
3 years or $100,000
7 years or $200,000
|
2 years or $75,000
5 years or $100,000
|
|
|
Section 7 (3)
|
Having possession of a controlled drug with intent to supply
it to another
|
(a) Summary
|
(b) On in-dictment
|
3 years and/or $100,000
14 years and/or $200,000
|
3 years and/ or $100,000
14 years and/ or $200,000
|
2 years and/ or $75,000
10 years and/ or $200,000
|
|
|
Section 8 (2)
|
Cultivation of Can-nabis plant
|
(a) Summary
(b) On in-dictment
|
|
|
|
3 years and/ or $100,000
14 years and/ or $200,000
|
|
Section 10
|
Being the occupier or concerned in the management of premises
and permitting or suffering certain activities to take place
there
|
(a) Summary
(b) On in-dictment
|
3 years and/or $100,000
14 years and/or $200,000
|
3 years and/or $100,000
14 years and/or $200,000
|
2 years and/$75,000
10 years and/or $200,000
|
|
|
Section 11
|
Offences relating to opium
|
(a) Summary
(b) On in-dictment
|
|
|
|
2 years and $75,000
14 years and $200,000
|
|
Section 13 (2)
|
Contravention of directions relating to safe custody of
con-trolled drugs
|
(a) Summary
(b) On in-dictment
|
|
|
|
3 years and/or $100,000
10 years and/ or $200,000
|
|
Section 14 (6)
|
Contravention of direction prohibiting practitioner, etc.,
from possessing, sup-plying, etc. con-trolled drugs
|
(a) Summary
(b) On in-dictment
|
3 years and/or $100,000
14 years and/or $200,000
|
3 years and/or $100,000
14 years and/or $200,000
|
2 years and/or $75,000
10 years and/or $200,000
|
|
|
Section 15 (3)
|
Contravention of direction prohibiting practitioner, etc.,
from prescribing, supplying,etc. con-trolled drugs
|
(a) Summary
(b) On in-dictment
|
3 years and/or $100,000
14 years and/or $200,000
|
3 years and/or $100,000
14 years and/or $200,000
|
2 years and/or $75,000
10 years and/or $200,000
|
|
|
Section 18 (3)
|
Failure to comply with notice requiring information relating
to prescribing, sup plying, etc. of drugs
|
Summary
|
|
|
|
$75,000
|
|
Section 18 (4)
|
Giving false information in purported compliance with notice
requiring in-formation relating to prescribing, supply ing, etc. of
drugs
|
(a) Summary
(b) On in-dictment
|
|
|
|
3 years and/or $100,000
10 years and/or $200,000
|
|
Section 19 (1)
|
Contravention of regulations (other than regulations relating
to addicts)
|
(a) Summary
(b) On in-dictment
|
|
|
|
3 years and/ or $100,000
10 years and/or $200,000
|
|
Section 19 (2)
|
Contravention of terms of licence or authority
|
(a) Summary
(b) On in dictment
|
|
|
|
3 years and/or $100,000
10 years and/or $200,000
|
|
Section 19 (3)
|
Giving false information on purported compliance with
obligation to give information imposed under or by virtue of
regulations
|
(a) Summary
(b) On in-dictment
|
|
|
|
3 years and/or $100,000
10 years and/or $200,000
|
|
Section 19 (4)
|
Giving false information or producing document etc.,
containing false statement, etc., for purposes of obtaining issue
or renewal of a licence or other authority
|
(a) Summary
(b) On in-dictment
|
|
|
|
3 years and/or $100,000
l0 years and /or $200,000
|
|
Section 21
|
Assisting in or in-ducing commission outside Saint Lucia of an
offence punishable under a corresponding law
|
(a) Summary
(b) On in-dictment
|
|
|
|
3 years and/or $100,000
14 years and/or $200,000
|
|
Section 24 (5)
|
Obstructing exercise of powers of search etc., failing to
stop, preventing the per son in charge from stopping, leaving a
stopped vehicle, etc.,or concealing books,drugs, etc.
|
(a) Summary
(b) On in-dictment
|
|
|
|
3 years and/or $100,000
14 years and/or $200,000
|
|
