LAW NO. 1008 OF 19 JULY 1988 ON THE
REGIME APPLICABLE TO COCA AND CONTROLLED SUBSTANCES
Whereas the National Congress has ratified the following
Law:
THE NATIONAL CONGRESS
DECREES:
. Coca, which belongs to the genus erythroxylon, is a natural
subtropical product of the Departments of La Paz and Cochabamba. It
grows wild and is also cultivated, and dates back to the
pre-Columbian period of Bolivian history.
Coca-growing is an agricultural and cultural activity that has
been traditionally oriented in a legitimate manner towards
consumption and to use in medicine and in rituals of the Andean
peoples.
For legal purposes, an essential difference is made between coca
in its natural state, which does not produce harmful effects on
human health, and coca " iter criminis", that is to say, the
leaf in the process of chemical transformation, isolating the
alkaloid cocaine, which produces harmful psychological,
physiological and biological effects on human health.
Legal consumption and use of the coca leaf are understood to
mean the social and cultural practices of the Bolivian people in
traditional forms, such as acullicu and chewing and
medicinal and ritual uses.
Other forms of legal use of the coca leaf that do not harm
health or lead to any type of drug dependence or addiction, as well
as industrial processing for legal use, shall be subject to special
regulation.
The production of coca leaf that covers demand for the uses and
consumption referred to in articles 4 and 5 is defined as necessary
production. That which exceeds such needs is defined as excess
production.
Illicit uses are defined as all those that are aimed at making
base, sulphate or cocaine hydrochloride, other uses by which the
alkaloid is
extracted for the manufacture of any type of controlled
substance, and contraband activity and illicit coca traffic
contrary to the provisions established by the present Law.
For the purposes of the present Law, three coca production zones
in the country are defined and delimited:
(a) The traditional production zone;
(b) The transitional excess production zone; and
(c) The illegal production zone.
The traditional coca production zone is that in which coca has
been cultivated as the result of historical, social and
agro-ecological conditions and has served for the traditional uses
defined in article 4. In this zone, only the volume needed to meet
demand for the legal uses and consumption determined in articles 4
and 5 shall be produced. This zone shall comprise the small-farm
coca production areas currently existing in the subtropical parts
of the Provinces of North and South Yungas, Murillo,
Muñecas, Franz Tamayo and Inquisivi in La Paz Department,
and the Yungas of Vandiola, which include part of the Provinces of
Tiraque and Carrasco in Cochabamba Department.
The transitional excess production zone is that in which coca
cultivation is the result of a process of spontaneous or directed
settlement, by which the expansion of excess cultivation
accompanying the growth of demand for illicit uses was supported.
This zone is the subject of annual plans for reduction,
substitution and development, through the implementation of an
Integrated Development and Substitution Programme (PIDYS),
beginning with an annual reduction of 5,000 hectares and moving
towards a target of 8,000 hectares annually. The achievement of
these targets will depend on the availability of national budget
resources, as well as on sufficient commitments and disbursements
from bilateral and multilateral technical and financial
co-operation, which should be directed towards alternative
development.
This zone comprises the Provinces of Saavedra, Larecaja and
Loayza, the settlement areas of the Yungas in La Paz Department,
and the Provinces of Chapare, Carrasco, Tiraque and Arani in
Cochabamba Department.
The zone of illicit coca production is made up of those areas in
which the cultivation of coca is prohibited. It comprises the
entire territory of the Republic, except the zones defined in
articles 9 and 10 of the present Law. Existing plantations in this
zone shall be subject to compulsory eradication without any type of
compensation.
The legal small producer of coca is defined as a farmer in zones
(a) and (b) defined in article 8 who works his own plot of land and
personally produces from it for his own subsistence and one of
whose principal characteristics is that he obtains his income
chiefly from coca-growing. Coca cultivation is prohibited on land
subject to a rental contract or to any other contract of lease or
use.
Substitution for coca cultivation is understood to mean the
process by which the economic and social dynamic arising from the
capital involved in illicit traffic in coca production is changed
by promoting the
adoption of new, legal, alternative production and social
patterns which ensure a sufficient income for the subsistence of
the family unit.
Voluntary reduction is understood to mean the process by which
the growers freely define and reduce the excess volume of coca
production, in the framework of the Integrated Development and
Substitution Plan or Programme (PIDYS).
The production, circulation and marketing of coca are subject to
State control, through the appropriate agency of the Executive, and
shall be the subject of special regulations within the legal
framework of the present Law.
The coca producers in zones (a) and (b) defined in article 8
shall be subject to registration as specified by the Regulation
issued pursuant to the present Law.
No producer shall receive a licence to increase his crops.
For the purposes of monitoring and registration of the land for
coca cultivation in zones (a) and (b) defined in article 8, a land
survey shall be made. Land in respect of which the official
registration requirement is not met shall be considered as illicit
for the purposes of the present Law.
The production, reduction, substitution and eradication of coca
crops must take into account the conservation of the ecological
system and must comply with regulations governing farming and
forestry. In reduction measures it must be guaranteed that the
methods used do not produce effects harmful to the environment or
to people, whether in the short, medium or long term. In the
reduction or eradication of coca crops, only manual and mechanical
methods shall be used; the use of chemical means, herbicides,
biological agents, and defoliants is prohibited.
It is the responsibility of the Executive to determine the
origin and intended use of coca production, as well as to define
the routes and transport facilities to be used for carrying it to
legal consumption markets. To that end, the Executive shall
establish a system of permits and monitoring, both for producers
and for transporters and merchants. Any violation of the present
provision shall render the coca illicit and subject to the
penalties established in the present Law.
The Executive shall define the precise characteristics and
modalities for operation of the legal markets, as well as those of
both wholesale and retail marketing that will ensure legal use of
coca production.
Alternative development and substitution for coca crops shall be
aimed principally at benefiting the small coca producer in zones
(a) and (b) defined in article 8. This process shall be
accomplished by means of a change in patterns of agricultural
production, credit assistance, the development of agro-industry and
the strengthening of the marketing systems and the territorial
integration of the affected regions. This process shall be planned
by the Executive, in co-ordination with the coca producers, with
the object of reducing the volume of excess production.
All substitution for coca cultivation shall be planned in a
gradual and progressive manner, simultaneously with the
implementation of the programmes and plans for sustained
socio-economic development to be implemented in production zones
(a) and (b) defined in article 8.
These plans must include the search for and acquisition of
internal and external markets for alternative products.
A National Fund for Alternative Development is created in order
to finance the plans and programmes for alternative development and
substitution for coca crops, on the basis of funds from the
national budget as well as from bilateral and multilateral
financial co-operation. The establishment and functioning of this
Fund shall be regulated by the Executive.
In order to implement the crop substitution policy, the
Executive must consider the Integrated Development and Substitution
Plan (PIDYS) as the institutional framework that is to serve as the
basis for establishing the conditions for, and the timing of,
voluntary reduction, the amount of fair compensation, and the
policy measures which will respond to the new development options
generated for production zones (a) and (b) defined in article
8.
Excess production in zones (a) and (b) defined in article 8
shall be subject to reduction and substitution, for which the State
shall pay coca producers fair and simultaneous compensation. It
shall also give them financial facilities and necessary technical
aid, within the framework of the Integrated Development and
Substitution Plan (PIDYS).
Coca crops substituted for in implementation of the Integrated
Development and Substitution Plan may not be re-established. In the
event of re-establishment, they shall be considered illegal.
In order to implement the Integrated Development and
Substitution Plan for coca crops, the Executive shall apply to the
international community to obtain sufficient bilateral and
multilateral technical and financial assistance, in the framework
of joint responsibility and without the imposition of
conditions.
With regard to projects, functions and investment in the context
of alternative development, the Ministry of Finance shall annually
budget the funds necessary for the achievement of the relevant
objectives and targets.
The Executive shall periodically determine the quantity of coca
that is necessary to cover the demand for traditional consumption
and for the uses defined in article 5, which may not exceed the
production equivalent to an area of 12,000 hectares of coca
cultivation, on the basis of yield in the traditional zone.
The plans and programmes for alternative development shall also
include activities in the areas of origin of the migrant population
and of the forest population that are affected in the principal
coca production zones, which form part of the economic and social
dynamic of the population involved in excess coca production. These
activities should be directed towards consolidating microregional
and regional development and ensuring the inter-institutional
presence of the State.
In the transitional excess production zone and in the rest of
the country, the planting of new coca crops and the expansion of
existing crops is prohibited. The activation of existing coca
plantations in the traditional production area shall be carried out
subject to the authorization and under the supervision of the
Executive and using plants produced by State nurseries. All plant
beds cultivated outside the traditional zone, as well as possession
thereof by private individuals, shall be considered illegal.
Legal significance: The terminology used in the present
Law shall have its current meaning, but if it has been expressly
defined in the text, that definition must be applied.
For the purposes of the present Law, the terms listed below
shall have the following meanings:
- (a) Controlled substances:
-
Dangerous or controlled substances are taken to mean natural or
synthetic drugs that are listed in schedules I, II, III, IV and V
of the annex to the present Law and those that may in future appear
in the official schedules of the Ministry of Public Health;
- (b) Drug:
-
The expression "drug" means any substance capable of altering
physical, psychic, physiological and/or biological structures or
functions, whether or not causing dependence and/or tolerance;
- (c) Tolerance:
-
This is the property as the result of which, in order to induce
or obtain the same effect, it is necessary to increase the dose
used;
- (d) Physical dependence:
-
This is the state of adaptation to the drug, which, when
administration thereof is interrupted, causes physical and/or
somatic disorders;
- (e) Psychic dependence:
-
This is the state in which a drug produces a sensation of
satisfaction and a psychic impulse to take the drug periodically
or
constantly owing to the pleasure that it gives or in order to
avoid malaise;
- (f) Chemical dependence or drug dependence:
-
This is the psychic and/or physical state resulting from the
interaction between a human being and a natural or synthetic drug,
the characteristics of which are alterations in behaviour and other
reactions caused by the need and impulse to ingest the natural or
synthetic drug, periodically or constantly, with the object of
again experiencing its effects and sometimes to avoid the malaise
produced by withdrawal of the drug;
- (g) Immediate precursor:
-
The expression "immediate precursor" means the raw material or
any other unprocessed or semi-processed substance, or substance
that is to be or has already been processed, that serves for the
preparation of controlled substances;
- (h) Administration:
-
The expression "administration" means the direct application of
a controlled substance to an individual, whether by injection,
inhalation, ingestion or any other means;
- (i) Delivery or supply:
-
The expression "delivery or supply" means the transfer or
provision between persons of a controlled substance without legal
justification therefor;
- (j) Illicit prescription or dispensing:
-
Illicit prescription or dispensing means ordering, prescribing
or making available controlled substances that are not necessary or
in larger than indispensable doses by members of the medical
professions (doctors, dentists, veterinarians, pharmacists and
others);
- (k) Production of vegetable raw material:
-
The expression "production" means the sowing, planting,
cultivation, harvesting and/or gathering of seed or plant materials
that contain controlled substances;
- (l) Manufacture:
-
The expression "manufacture" means any process for extraction,
preparation, elaboration, manufacture, compounding, refining,
processing or conversion that makes it possible to obtain
controlled substances by any means, either direct or indirect;
- (m) Possession:
-
The expression "possession" means the illicit holding of
controlled substances, raw materials or seeds of plants from which
controlled substances can be extracted;
- (n) Illicit traffic:
-
"Illicit traffic" in controlled substances means any action
directed towards or arising out of producing and manufacturing,
illegally possessing, holding in storage, transporting, supplying
and delivering controlled substances, buying, selling and giving
them away, smuggling them into and out of the country and/or
carrying out [related] transactions on any basis, as well as the
financing of activities contrary to the provisions of the present
Law or of other legal regulations;
- (o) Consumption:
-
The expression "consumption" means the sporadic, periodic,
habitual or constant use of controlled substances listed in
schedules I, II, III and IV;
- (p) Rehabilitation of the consumer:
-
The expression "rehabilitation" means the bio-psycho-social
readjustment of the consumer to, or his reintegration in, the
normal activity of society
- (q) Control:
-
The expression "control" means the action of the public
authorities that is intended to control dangerous or controlled
substances in all of its phases;
- (r) Prohibition:
-
This expression means prohibition of and action to prevent and
suppress illicit traffic in controlled substances.
Prohibition of the production and conservation of plants and
seeds: The production or conservation of plants and seeds
referred to in article 33 (k) of this Law are prohibited throughout
the entire territory of the Republic. The Regime applicable to coca
is subject to the provisions of title I.
Prohibition of possession or storage: No natural or
juridical person may have or possess in any form or quantity, or in
any place, drugs that contain or consist of controlled substances,
without prior authorization from the Ministry of Social Welfare and
Public Health, in consultation with the National Council Against
Drug Abuse and Illicit Traffic.
Import and marketing: The chemical substances enumerated
in schedule V of the annex and those that may later be added to
that schedule by resolution of the Ministry of Social Welfare and
Public Health and products and medicaments that consist of or
contain controlled substances may be imported and/or marketed only
under a licence from that Ministry, after a favourable report by
the National Council Against Drug Abuse and Illicit Traffic.
Traffic and consumption: The traffic, portioning and
consumption of controlled substances listed in the schedules of the
annex to the present Law are prohibited.
Authorization: The Ministry of Social Welfare and Public
Health may authorize the import and/or limited purchase of
controlled substances listed in schedule I for the purpose of
research by scientific, university and State institutions, as well
as by laboratories and chemical-pharmaceutical factories, which
must inform the Ministry of Social Welfare and Public Health
periodically regarding the form of utilization, the quantities used
and/or the results of studies. Similar authorization shall be
required for the export of controlled substances for legal
purposes.
Manufacture, portioning and sale: Chemical-pharmaceutical
factories and laboratories may manufacture and/or portion
medicaments that contain controlled substances listed in schedules
II, III and IV of the annex after being so licensed by the Ministry
of Social Welfare and Public Health and must make known the
quantity, composition and nature of their products. These shall be
sold to the public only in authorized pharmacies and establishments
and only against medical prescriptions made out on forms issued by
the Ministry of Social Welfare and Public Health.
Import and export returns: District customs offices shall
send to the Ministry of Social Welfare and Public Health and to the
National Council Against Drug Abuse and Illicit Traffic copies of
import and export
documents for products or raw materials that contain controlled
substances within 48 hours of their issuance, on the responsibility
of the district administrator.
Obligations of carriers: Public and private air, land,
sea, lake and river transport enterprises, as well as individual
carriers, must request authorization from the Ministry of Social
Welfare and Public Health and from the National Council Against
Drug Abuse and Illicit Traffic for the loading and transport of
controlled substances and/or medicaments that contain them, and
must report on these activities monthly.
Registration of inputs: Industrial laboratories, chemical
and pharmaceutical enterprises, importers and manufacturers must
register with the National Council Against Drug Abuse and Illicit
Traffic and must inform it monthly of the amount of controlled
substance inputs utilized.
Foreign exchange and letters of credit: For the sale of
foreign exchange or the opening of letters of credit related to the
import of medicaments and raw materials that contain or consist of
controlled substances, the Central Bank of Bolivia and all other
banks must demand, registration certificates from the applicant and
authorizations issued by the Ministry of Social Welfare and Public
Health in consultation with the National Council Against Drug Abuse
and Illicit Traffic.
Regulation of national production of precursors: National
production of the controlled substances listed in schedule V of the
annex, as well as supervision and control thereof and marketing,
shall be regulated by the Ministries of Social Welfare and Public
Health, Energy and Hydrocarbons, and Industry and Commerce, which
shall inform the National Council Against Drug Abuse and Illicit
Traffic.
Prohibition applying to consuls and customs agents:
Consuls and customs agents of Bolivia abroad are prohibited from
issuing commercial invoices for control purposes and from
legalizing cargo manifests for the import of controlled substances
indicated in the previous article without prior presentation of the
licence document issued pursuant to articles 36 and 43 of the
present Law.
Consuls and customs agents shall submit monthly to the National
Council Against Drug Abuse and Illicit Traffic, through the
Ministry of Foreign Affairs, detailed reports on the commercial
invoices issued for the import of controlled substances.
Controlled plants: Any person who illicitly sows,
harvests, cultivates or gathers plants or parts of plants listed in
article 33 (a) shall be punished with imprisonment for a term of
one to two years, or two to four years if the offence is repeated,
plus a fine at two hundred and fifty to five hundred times the
daily rate.
Manufacture: Any person who illegally manufactures
controlled substances shall be punished with imprisonment for a
term of five to fifteen years plus a fine at two thousand five
hundred to seven thousand five hundred times the daily rate.
Any person who engages in the process of macerating coca known
as pisa-coca shall be punished with imprisonment for a term
of one to two years plus a fine at two hundred to five hundred
times the daily rate, unless he collaborates in the search for and
the capture of his principals.
Traffic: Any person who engages in traffic in controlled
substances shall be punished with imprisonment for a term of ten to
twenty-five years plus a fine at ten thousand to twenty thousand
times the daily rate.
Large-volume traffic in controlled substances constitutes an
aggravating circumstance.
This article covers all conduct included under the definition of
traffic given in article 33 (n) of this Law.
Consumption and possession for consumption:
Drug-dependent persons or non-habitual consumers apprehended in the
possession of controlled substances in minimal quantities that are
presumed to be intended for their own immediate personal
consumption shall be detained in a public or private institution
for drug-dependence to receive treatment until such time as
certainty regarding their rehabilitation has been established.
The minimum quantity for immediate personal consumption shall be
determined through a ruling by two experts from a public
institution for drug-dependence. If the quantity held is greater
than the minimum quantity, it shall fall under the provisions of
article 48 of this Law.
Foreign citizens without permanent residence in the country who
commit such offences shall be subject to the law on residence and
shall be fined at five hundred to one thousand times the daily
rate.
Administration: Any person who illicitly administers
controlled substances to other persons shall be punished with
imprisonment for a term of ten to fifteen years plus a fine at one
thousand five hundred to three thousand times the daily rate,
whatever the quantity administered.
Supply: Any person who illicitly supplies controlled
substances to others shall be punished with imprisonment for a term
of eight to twelve years plus a fine at one thousand to two
thousand times the daily rate, whatever the quantity supplied.
Aggravating circumstances: If serious damage to health
should result from the illicit administration or supply of
controlled substances, the penalty shall be imprisonment for a term
of fifteen to twenty years plus a fine at one thousand to three
thousand times the daily rate.
If the act should result in the death of the person, the penalty
shall be imprisonment for a term of twenty to thirty years.
Criminal association and conspiracy: Penalties shall be
increased by one third for those who organize themselves in groups
of two or more persons to commit offences defined in this Law.
Inducement: Any person who induces another to make
illicit use of controlled substances shall be punished with
imprisonment for a term of five to ten years plus a fine at two
thousand to four thousand times the daily rate.
If the guilty party uses his position as an ascendant relative
or person in authority over another or if the victim is a minor or
is [legally] incapable, or if the offence is committed in an
educational, assistance-type, military, police or penitentiary
establishment, or in the immediate vicinity thereof, the penalty
shall be imprisonment for a term of ten to twenty years plus a fine
at four thousand to eight thousand times the daily rate.
Transport: Any person who illicitly and knowingly carries
or transports any controlled substance shall be punished with
imprisonment for a term of eight to twelve years plus a fine at one
thousand to one thousand five hundred times the daily rate, and
permanent confiscation of his motorized or other transport
equipment.
Instigation: Any person who instigates or incites others
to commit any of the offences defined in the present title shall be
punished with imprisonment for a term of four to six years plus a
fine at two thousand to four thousand times the daily rate. If the
person so instigated is a minor or legally incapable, the penalty
shall be imprisonment for a term of five to ten years plus a fine
at two thousand to four thousand times the daily rate.
Murder: The use of a controlled substance to carry out
intentional homicide shall be [considered as] equivalent to the use
of poison, which constitutes murder under article 17 of the
Political Constitution and article 252 (5) of the Penal Code.
Falsification: Any person who alters or forges a medical
prescription in order to obtain a controlled substance shall be
punished with imprisonment for a term of three to five years plus a
fine at two hundred to four hundred times the daily rate.
Any person who alters or forges licences, import or other
permits, invoices, bills of lading or other types of documents in
order to bring controlled substances into the country shall be
punished with imprisonment for a term of eight to fifteen years
plus a fine at three thousand to six thousand times the daily
rate.
Import: Any importer of controlled substances who fails
to comply with the requirements of the present Law shall be liable
to suspension of his import licence for a term of 12 months plus a
fine at ten thousand times the daily rate. In the event of a
repeated offence, the import licence shall be cancelled
definitively and the importer's legal agent responsible shall be
liable to the penalties established in article 48.
Owner's obligation to notify: Any owner who is aware that
controlled plants or parts thereof defined in the present Law are
being sown,
cultivated, harvested or gathered, or that controlled substances
are being produced or elaborated, on his property or land, and who
fails to report these facts to the competent authorities shall be
punished with imprisonment for a term of three to five years and to
confiscation or forfeiture of his property.
Concealment in public premises: Any owner, manager,
administrator or concessionaire of a hotel, motel, restaurant,
confectionery shop, club, bar, place of entertainment, brothel,
house of assignation, hospital, clinic or other establishment open
to the public must inform the competent authorities of the presence
of traffickers or persons who possess or consume controlled
substances, subject to a penalty of imprisonment for a term of one
to two years plus a fine at five hundred to one thousand five
hundred times the daily rate. If it is proved that permission was
given or that there was concealment or complicity, the penalty
shall be imprisonment for a term of two to six years plus a fine at
two thousand to four thousand times the daily rate.
Obligations of members of the professions: Any member of
the medical and other professions in the exercise of which he is
empowered to issue prescriptions for controlled substances and who
does so without completing the formalities provided for by law
shall be liable to a penalty under the Health Code plus a fine at
two thousand to four thousand times the daily rate. In the event of
repeated offence, he shall be punished with permanent
disqualification from practising his profession and imprisonment
for a term of two to five years.
Sale in pharmacies: Any owner, manager or employee of a
drugstore, pharmacy or place of business authorized to sell
medicaments who dispenses controlled substances without completing
the formalities provided for by law shall be punished as
follows:
-
An owner, with closure of his establishment for a period of six
months plus a fine at two thousand to four thousand times the daily
rate. Furthermore, with one year's prohibition from practising his
profession, if he is a member of a profession;
-
A manager, with one year's prohibition from practising his
profession plus a fine at one thousand to two thousand times the
daily rate;
-
An employee or assistant, if responsible, with a fine at five
hundred to one thousand times the daily rate.
In the event of repeated or habitual offence, the penalties
shall be as follows:
-
An owner with professional training: Cancellation of his licence
and permanent disqualification from practising his profession,
permanent closure of the establishment and imprisonment for a term
of two to five years;
-
An owner without professional training: Imprisonment for a term
of two to five years and permanent closure of the
establishment;
-
A manager: Imprisonment for a term of two to five years and
permanent disqualification from practising his profession;
-
An employee or assistant, imprisonment for a term of two to five
years.
Inventories and registers: Any person responsible for an
import firm, drugstore, pharmacy or establishment authorized to
sell or supply medicaments that contain controlled substances whose
stocks do not correspond to inventories and registers shall be
liable to a fine at two thousand to four thousand times the daily
rate and to confiscation of the merchandise.
In the event of repeated offence or habitual offence, the
penalty imposed shall be imprisonment for a term of two to four
years and the final closure of the establishment.
Public officials: When any senior officer, official or
public employee commits a drug-traffic offence defined in this Law
or is involved in such an offence through the activities of his
subordinate officials or employees, or takes advantage of their
services, the penalty shall be increased by one third, in addition
to permanent disqualification from holding public office.
Passive complicity: Any public official or employee or
senior officer who directly or indirectly accepts rewards for
himself or others, or who accepts offers or promises intended to
induce him to take or fail to take action under the provisions of
the present Law shall be punished with imprisonment for a term of
eight to twelve years plus a fine at two thousand to five thousand
times the daily rate.
The penalty shall be imprisonment for a term of twelve to twenty
years plus a fine at three thousand to six thousand times the daily
rate in the case of a judge, magistrate, representative of the
public prosecutor's office, or member of an agency responsible for
suppressing drug-traffic. In all cases referred to in this article,
permanent disqualification shall be imposed.
Active complicity: Any person who is proved to have
directly or indirectly made or offered gifts or rewards of any type
- even if not accepted - to any public official, public employee or
senior officer for himself or a third party, with the aim of
inducing the official to take or fail to take action in
implementation of the present Law, shall be punished with
imprisonment for a term of four to eight years plus a fine at one
thousand to two thousand times the daily rate.
If the gift or reward should happen to be made or offered to a
judge, magistrate, representative of the public prosecutor's office
or member of an agency responsible for the repression or prevention
of drug traffic, the penalty shall be imprisonment for a term of
eight to twelve years plus a fine at three thousand to six thousand
times the daily rate.
Extortion: Any public official, employee or senior
officer who takes advantage of his position or uses threats to
obtain illicit benefits in relation with traffic in controlled
substances shall be punished with imprisonment for a term of eight
to twelve years plus a fine at two thousand to four thousand times
the daily rate.
Impersonation: When the acts referred to in the previous
article are committed by an individual pretending to be a public
employee or official or senior officer, the penalty shall be
imprisonment for a term of ten to fifteen years plus a fine at
three thousand to six thousand times the daily rate.
Alteration or substitution of the corpus delicti. Any
person who orders the alteration of or alters, qualitatively or
quantitatively, the corpus delicti or replaces the corpus
delicti or any confiscated or seized material evidence of an
offence shall be punished with imprisonment for a term of ten to
fifteen years plus a fine at one thousand to two thousand times the
daily rate.
Confiscation of goods: In addition to the penalties
established in previous articles, the following shall be
imposed:
-
(a) Confiscation by the State of land on which controlled
substances are manufactured or on which plants specified and
prohibited in the present Law are grown. Government land that has
been leased shall revert to the State;
-
(b) Confiscation by the State, in the name of the National
Council Against Drug Abuse and Illicit Traffic, of real property,
movables, fixtures, weapons, money and securities, transport and
other equipment, raw materials, laboratories and any other objects
that have served for the elaboration, processing or manufacture of,
traffic in or transport of controlled substances. Aeroplanes, light
aircraft, helicopters and flight equipment [shall be turned over]
to the Bolivian Air Force, and river and lake craft and
navigational equipment to the Bolivian Navy.
Real estate mentioned in clauses (a) and (b) of this article
shall be seized from the owner when the owner either took part in
the offence or knew that it was committed but failed to report
it.
Goods confiscated shall be used primarily in programmes of
prevention, education and health, and in setting up rehabilitation
centres, independently of those funds intended by law for the
construction of penitentiaries.
Escape: Any person who is legally detained for one of the
offences defined in this Law and who then escapes shall be punished
with imprisonment for a term of two to four years in addition to
the principal penalty.
Assisting escape: Any person who directly or indirectly
facilitates the escape of any person detained for the commission of
one of the offences defined in this Law shall be punished with
imprisonment for a term of two to six years plus a fine at one
thousand to two thousand times the daily rate. If the individual is
a public employee, official or senior officer responsible for
custody or detention, the penalty shall be imprisonment for a term
of four to eight years plus a fine at two thousand to four thousand
times the daily rate.
If the offence was committed unintentionally, two thirds of the
penalties established in this article shall be imposed.
Release: Any public official who makes possible the
illegal release of any person detained in relation with an offence
provided for under the present Law shall be punished with
imprisonment for a term of four to eight years plus a fine at two
thousand to four thousand times the daily rate. Hospitalization
outside the prison premises of persons on trial for offences listed
in the present Law is prohibited.
Concealment: Any person who, after an offence under this
Law has been committed and without prior agreement, helps another
person to escape justice shall be punished with imprisonment for a
term of four to six years plus a fine at one thousand to two
thousand times the daily rate.
Penalties shall be waived in the case of ascendant relatives,
descendants, the spouse or common-law spouse.
Complicity: Any accomplice in an offence related to
controlled substances shall be punished with two thirds of the
penalty imposed on the perpetrator of the offence.
. Accessories: Any accessory to a controlled substances
offence shall be punished with half of the penalty imposed on the
principal.[*]
Use of weapons: If any person uses weapons in the
commission of an offence defined in this Law, or to resist the
authorities, the relevant penalty shall be increased by one
half.
If bodily harm is inflicted, the principal penalty shall be
increased by two thirds; if death is caused, the penalty for murder
shall apply.
Defending the offence: Any person who, in a tendentious,
false or sensationalist manner, publicly defends by any means
whatsoever an offence or a person on trial or condemned for drug
traffic shall be punished with imprisonment for a term of two to
five years plus a fine at two thousand to four thousand times the
daily rate.
Penal action in respect of the offences defined and punished
according to the present Law is a matter of public order and shall
be conducted according to the rules established in title V.
Since in cognizance and trial such penal action does not admit
of special jurisdiction or privileges of any nature whatsoever,
public officials of whatever rank or institution who have committed
such offences shall be subject to the action of the present Law in
the same way as common defendants, except in the cases limitatively
defined in the Political Constitution of the State.
The legal timeframes established are fixed and may not be
extended. Persons failing to comply with or observe them are liable
to prosecution, in which case it shall be assumed that the offence
of concealment defined in and punishable under article 77 of the
present Law has been committed.
To take cognizance of and pass judgment on offences under the
present Law, Local Controlled Substances Courts composed of three
judges shall be created and incorporated under the Law on the
Organization of the Judiciary and shall function as first-instance
courts hierarchically subordinate to the Superior District
Courts.
Judges of Local Controlled Substances Courts must, for their
appointment, meet the same requirements as are stipulated in
article 121 of the Law on the Organization of the Judiciary.
The functions of the Local Controlled Substances Courts shall
be:
-
(a) To take cognizance of in plenary proceedings and try as a
court of first instance cases related to controlled substances
brought to their notice by the Special Force to Combat Drug
Traffic, as the agency responsible for carrying out Judicial Police
duties that is subordinate to the National Council Against Drug
Abuse and Illicit Traffic;
-
(b) To investigate the finances of natural or juridical persons
against whom documentary evidence exists that they have been
involved in any drug-traffic offence and/or the laundering of money
derived from that offence;
-
(c) To propose to the Superior District Court a list of three
persons to be designated as their subordinates;
-
(d) In rotation, to head weekly visits to penitentiaries and
their annexes, performing, in the specific case of persons detained
on controlled substances charges, the functions and tasks assigned
to them by the Code of Criminal Procedure.
Proceedings related to controlled substances shall be conducted
without the indictment or judicial investigation, on the basis of
the Judicial Police reports of the Special Force to Combat Drug
Traffic.
Local Controlled Substances Courts shall operate in the
departmental capitals; they shall proceed on the basis of national
jurisdiction and, owing to the special nature of these offences,
shall have full authority to take account of Judicial Police
reports.
No controlled substances judge may be removed from the trial of
a case except on legal grounds. The Superior District Court shall
consider and rule on the grounds [for removal] produced within 48
hours. No certified copies shall be made for consultation, since in
such cases the original documents must be produced on the same
day.
Any challenge can be attempted only on the basis of documentary
evidence, and the District Courts must rule before the third day
after that on which notification has been made to the judge
proceeded against, whether or not a reply has been received from
the judge in question. No appeals against such rulings to the
Supreme Court of Justice are admissible. Challenge in open court is
prohibited.
Judgments of Local Controlled Substances Courts shall be passed
by majority decision.
If any judge of a Local Controlled Substances Court cannot
attend a hearing at which judgment is to be passed, he shall be
replaced by the officiating judge of the Local Criminal Court in
the respective capital.
The Office of the Public Prosecutor shall appoint as many Local
Prosecutors as are necessary for the purpose of appearing in,
following and watching over controlled substances trials in the
courts created by this Law.
The duties of the Controlled Substances Prosecutors are as
follows:
-
(a) To direct the activities of the Special Force to Combat Drug
Traffic in carrying out Judicial Police duties; to conclude such
activities on their own responsibility and to bring the prisoner,
the files, the respective evidence and the application for an
initiating order in the action before the Local Controlled
Substances Courts;
-
(b) To support the conclusions reached by the Judicial Police in
the plenary hearing, to verify adherence to the legal timeframes
for the prompt administration of justice and the correct
application of the substantive provisions or laws in the matter.
For those purposes they must appear before the court on behalf of
and representing the State and society in proceedings entrusted to
them, acting as civil parties with regard to damages arising out of
the commission of the offences established under the present
judicial order;
-
(c) To report any violation or infringement of the substantive
and adjective rules of the present Law that may be committed by
officials responsible for its implementation and observance,
issuing summonses for the trial of such officials;
-
(d) To be present at all operations carried out by the Special
Force to Combat Drug Traffic;
-
(e) To formulate in good time the express appeals indicated in
this judicial order and to lodge appeals intended to ensure the
prompt administration of justice.
Judicial Police duties in controlled substance cases shall be
carried out by the Special Force to Combat Drug Traffic that is
subordinate to the National Council Against Drug Abuse and Illicit
Traffic, under the direction of the Controlled Substances
Prosecutor.
Judicial Police duties shall be entrusted not only to the
Controlled Substances Prosecutors but also, in provinces and
cantons, to the sub-prefects, rural judges and authorities in
general.
If, in controlled substances cases, the Judicial Police has
direct knowledge or receives reports of the preparation or
perpetration of an offence defined in and punishable under the
present Law, it shall proceed to the scene of the crime and shall
take the necessary precautions to ensure the presence of the
suspects; it may apprehend and hold incommunicado, if appropriate,
persons presumed to be guilty. It shall confiscate the controlled
substance, the objects, tools, effects and goods related to the
commission of the offence and shall interrogate any person who
might give information conducive to appropriate investigation.
Except when persons are apprehended in flagrante delicto,
all confiscation of drugs and goods and all arrests shall be
carried out in the presence of a Controlled Substances
Prosecutor.
Persons detained shall be brought before the Local Controlled
Substances Court together with the dossiers within 48 hours;
however, that shall not prevent the continuation of Judicial Police
work.
Drugs shall be incinerated on the spot or in the same area of
jurisdiction within the 24 hours following their confiscation, in
the presence of a representative of the Public Prosecutor and an
approved Notary Public. A sample of not more than ten grams shall
be separated out and deposited in the Central Bank of Bolivia for
the purposes provided for in article 133 of the Code of Criminal
Procedure.
The approved Notary Public shall prepare a detailed report on
such action, which shall be added to the file as documentary
evidence.
Records of Judicial Police action must be compiled and must be
signed by the prosecutor in charge of the Judicial Police; they
shall clearly specify and identify the person or persons
implicated, the day, place and circumstances, the confiscation of
controlled substances, objects, tools, money, goods, and assets as
well as the detention of suspects.
When the records of Judicial Police action are brought to the
knowledge of the Local Controlled Substances Courts, they must be
accompanied by an application by the prosecutor for the opening of
the proceedings, with an
assessment of the facts according to the types of offences
defined in this Law and a presentation of the relevant prosecution
evidence.
The Local Controlled Substances Court shall, within 24 hours
after having received the records of Judicial Police action with
the corresponding application, issue the initiating order,
assessing the facts according to its own criteria, even departing
from the prosecutor's application in those cases in which it can be
inferred from the review of the records that the offence is more
serious.
The initiating order shall also comprise:
(a) The formal detention of the accused person or persons
present;
(b) An order for the arrest of persons absent;
(c) A preventive record of goods subject to registration in the
registers of real rights of the Ministries of Aviation and
Transport, the telephone companies or the relevant offices or
institutions, of all goods confiscated from the accused or from
third persons who are connected with the offence or offences;
(d) The formal deposit of money, assets, jewellery, shares,
securities and the like in a State Bank on the order of the
National Council Against Drug Abuse and Illicit Traffic, which
shall act as depositary.
With respect to all goods confiscated, except those indicated in
article 71 (b), the State, through the National Council Against
Drug Abuse and Illicit Traffic, or a specialized body nominated by
the State, shall be designated as depositary.
Goods seized from third parties shall be returned and/or
restored only in execution of a judgment and subject to the
absolute condition that such third parties have proved the legal
origin of the goods.
The initiating order shall be referred to the Superior Court of
Justice, and that court shall reply by means of an order, stating
grounds, within 48 hours after the matter has been brought to its
attention, merely on verbal application from the Public
Prosecutor.
The initiating order may not be appealed against.
The Court shall take the relevant statements of the defendants
within 48 hours after the case file has been returned from the
Superior District Court together with the relevant order.
In no circumstances shall interlocutory or prior questions be
admitted; only death of the defendant and res judicata are
admissible.
Defendants may not be provisionally set at liberty in controlled
substances cases.
Once the accused has made his statement, the judge must
expressly advise him that he has a period of three days to present
evidence in his defence.
The Public Prosecutor, as representative of the State and
society, and in fulfilment of the obligation assigned to him by
article 96 (a), shall present his evidence at the time of
application for opening the case.
For the purpose of summonses and notifications of the accused,
the secretariat of the Court shall be established as legal
domicile.
When an accused person is not present or is a fugitive from
justice, a statement by the investigating officer of the Local
Controlled Substances Court shall suffice for a declaration of
default and contumacy, without any other formality, and with the
consequences referred to in article 253 of the Code of Criminal
Procedure.
Notification and the declaration of default shall be validly
made by public announcement in any periodical, on the radio and/or
State television, without prejudice to the subpoena that must be
issued in the Secretariat of the Court.
The voluntary appearance of the accused or his appearance
through execution of the formal detention order shall not alter
judicial time-frames or orders, and the accused must make his
defence in the state in which he is.
When the statements have been made and the public nature of the
trial is assured, the officiating judge shall announce the opening
hearing of the proceedings pursuant to the provisions of article
234 of the Code of Criminal Procedure. When that procedural action
has been taken, the proceedings shall take place continuously in
successive hearings up to their conclusion within the space of 20
calendar days. The records of Judicial Police action shall
constitute documentary evidence.
On expiry of the period of proceedings or when presentation of
the evidence has been completed, the judge shall declare open the
period for final pleas, granting the parties periods of three days
to formulate their respective final pleas. That period shall be a
single common period for all the accused and shall be computed from
the day following notification of the requirement to make final
pleas.
The judgment of the court of first instance shall be pronounced
within ten days of expiry of the period for final pleas, whether or
not the arguments of the parties have been presented.
The judgment must determine, in addition to the requirements
called for by article 242 of the Code of Criminal Procedure:
(a) The situation with regard to the goods, assets and shares
confiscated both from the accused and from third persons, ordering
their sale by public
auction, except in cases in which the State assigns them to be
used for a social purpose;
(b) The damages due to the State and society, ordering payment
to the judicial treasury;
(c) The proceeds of the penalty in the form of [multiples of]
the daily rate shall be deposited in a special account with a State
Bank, to be used for the establishment and operation of
rehabilitation institutes and farms.
Utilization of proceeds of auctions: The proceeds of
auctions and the cash confiscated shall be remitted to the National
Council Against Drug Abuse and Illicit Traffic, in accordance with
article 71 (b).
Legal remedies: Judgments must be reviewed by the
Superior Court, without prejudice to appeal. Orders in hearing must
be reviewed by the Supreme Court, without prejudice to appeal by
the parties.
The Public Prosecutor must appeal for annulment in all cases in
which the judgment or order in hearing is one of acquittal or
declaration of innocence or in which the penalty imposed is less
than that for which he has applied, subject to liability on grounds
of dereliction of duty.
First-instance judgments may be appealed against within a final
and non-extendible time-limit of three days.
Time-limit for dealing with reviews and appeals: In
appeals and referral of judgments to the Superior District Court,
the District Prosecutor shall have nine working days to present his
application. The total process may not take more than twenty-one
working days from the time of the application, subject to penalties
for impeding the course of justice.
In appeals for annulment or review addressed to the Supreme
Court of Justice of the Nation, the Prosecutor General of the
Republic shall have eight working days to present his case, and the
Penal Division of the Supreme Court shall have fifteen working days
to hand down a Supreme Court Order.
The above time-limits shall be computed from the time at which
the file reaches the office of the Public Prosecutor or the
chambers of the competent division of the Court. The time-limits
specified in the present article are compulsory and final. Persons
failing to observe them shall be liable to penalty for impeding the
course of justice.
Appeals to annul or set aside orders in hearing made by the
Superior District Courts may be lodged within a final limit of ten
days.
Detention in hospital: Only in cases of medical emergency
may the Court trying the case order that a prisoner on trial be
detained in a public hospital or clinic for the duration of the
treatment, and always provided that the following requirements are
met:
1. A medical certificate specifying the diagnosis, prognosis and
medical treatment to be administered, which must be issued by a
specialist doctor registered with the National Council Against Drug
Abuse and Illicit Traffic. The doctor shall be responsible for
determining the degree of urgency
of surgical intervention, subject to the penalty provided for in
article 201 of the Penal Code;
2. A certificate from the duty forensic surgeon, who shall
countersign the certificate issued by the specialist;
3. Guarding for 24 hours a day on the responsibility of the
director of the penitentiary;
4. A statement by the director of the public hospital or clinic
that the prisoner on trial has been hospitalized and that the
operation or treatment is necessary.
The director of the public hospital or clinic shall prepare this
statement without delay, failing which he shall be liable to
penalty for the offence of aiding and abetting escape under this
Law, should that eventuality arise.
Prescription of action and penalties: The term for action
to bring to trial offences defined in this Law shall be limited to
twenty years, computed from the day of commission of the
offence.
Penalties for such offences shall be barred by limitation after
twenty years, computed from the date of the judgment or of escape
from prison.
Suspension for failure to meet procedural deadlines:
-
(a) Justices of the Supreme Court of Justice who do not comply
with the procedural provisions of this Law shall be tried by the
legislative authority, in conformity with the rules established by
the Law on Responsibilities of 7 November 1890, for the offence of
impeding the course of justice;
-
(b) Judges of the Tribunal or members of the District Court who
do not comply with the procedural provisions under this title shall
be suspended from their functions by the Supreme Court of Justice
on application by the Prosecutor General of the Republic. The
latter shall institute proceedings before the said Supreme Court
ex officio or following a report from any citizen, with a
view to subsequent criminal prosecution;
-
(c) Representatives of the Public Prosecutor who are guilty of
the above-mentioned offences shall be suspended from their
functions. Suspension shall be decided upon by the immediate
superior. The Prosecutor General can be suspended by the President
of the Republic;
-
(d) Officials of the National Council Against Drug Abuse and
Illicit Traffic who fail to obey court summonses and orders within
24 hours after having received them shall be suspended from their
functions by the National Council without receiving
remuneration.
Dilatory action: If submissions and challenges, requests
to be excused or any other objections capable of lengthening the
duration of the trial are rejected, lawyers who raise such
objections shall be liable to the following penalties:
(a) For the first rejection, a fine at thirty to ninety times
the daily rate;
(b) For the second rejection, the fine shall be doubled and in
addition the offender shall be prohibited from practising his
profession for one year;
(c) For the third rejection, in addition to the above-mentioned
pecuniary penalty, the offender shall also be prohibited from
practising his profession for three months.
Failure to attend proceedings: Any attorney who fails to
attend proceedings shall be punished as follows:
-
(a) For the first failure to attend, a fine of $b 200-400
payable to the judicial treasury;
In this case, the court, before suspending the proceedings owing
to the absence of the attorney, shall ex officio appoint a
defence counsel or attorney to be retained by the accused, and that
attorney shall appear in the case from the subsequent hearing
onwards;
The attorney shall be able to resume the defence as soon as he
has paid the fine and given proper justification for his absence.
The hearing in which judgment is given regarding such absence shall
be conducted by the same court and continuation of the main
proceedings shall not be impeded thereby;
-
(b) For a second absence within the same proceedings, a fine of
double the above amount and final suspension from appearing in the
case;
If the prosecutor assigned to the proceedings should fail to
attend, he shall be suspended for 15 days without receiving
remuneration, on the first offence;
If there is a second failure to attend within the same
proceedings, the prosecutor shall be punished under article 82 of
this Law, referring to failure to meet procedural deadlines. In the
event of absence of the prosecutor, the court shall not suspend the
hearing, but in such cases the decision shall rest with the Chief
Public Prosecutor ( Promotor fiscal). No attorney may be
excused from duty.
Recording of judgments: The court trying the case must
transmit legalized copies of the final judgment, the order in
hearing and the Supreme Court order to the National Council Against
Drug Abuse and Illicit Traffic, for registration and statistical
purposes.
Precedence among provisions: Any procedure not
specifically regulated by this Law shall be governed by the general
rules of the Code of Criminal Procedure and other laws in
force.
The National Council Against Drug Abuse and Illicit Traffic is
the supreme national body for the control of drug abuse and illicit
traffic.
The principal duty of the Council shall be to define and delimit
national policies for the planning, organization, execution,
direction, supervision,
control, monitoring and co-ordination of plans, programmes and
projects for alternative development and substitution for coca
crops; control of illicit drug traffic; comprehensive prevention,
treatment, rehabilitation and social reintegration.
The National Council Against Drug Abuse and Illicit Traffic
shall consist of the Ministers of Foreign Affairs and Worship, the
Interior, Migration and Justice, Planning and Co-ordination, Rural
and Agricultural Affairs, Social Welfare and Public Health,
Education and Culture, National Defence, Finance and Aviation.
The Executive shall define the appropriate institutional
framework for the body charged with executing policies directed
against drug abuse and illicit traffic.
Institutional co-operation: The armed forces of the
Nation and the national police, on request from the National
Council, shall place at the latter's disposal the units, equipment
and trained personnel of their subordinate branches for combating
drug abuse and illicit traffic. Such cooperation shall include the
operative and task aspects as well as research and information.
Institutes for the treatment and rehabilitation of chemical
or drug-dependent persons: The State will set up institutes and
centres for research, prevention, treatment and rehabilitation
related to chemical, physical and psychic dependence (drug
dependence) and for the treatment, rehabilitation and social
reintegration of consumers of controlled substances.
Private centres can be empowered to function with the same
objective, subject to prior authorization from the Department of
Mental Health of the Ministry of Social Welfare and Public Health
and to supervision by the National Council for Controlled
Substances.
. Functions: The institutes mentioned in article 136
shall diagnose and treat any consumer detained by judicial order,
as well as any person whose detention is requested by family
members or voluntarily. They shall evaluate the condition of
drug-dependent persons or drug addicts brought to the establishment
and shall provide all technical information required by a competent
authority.
Period of treatment: A person who presents himself
voluntarily for treatment cannot be obliged to remain in detention
unless his condition constitutes a serious danger to his health or
leads to a proclivity to antisocial and criminal acts.
A person who has been compulsorily detained because he is a
dependent consumer or because of other aggravating objective
circumstances must remain in detention or be subjected to
compulsory treatment for the entire period which the specialist
doctor considers necessary, subject to confirmation by an
expert.
Minors under 16: Consumers who are under 16 years of age
shall be immediately brought before the juvenile court, which must
determine the measures to be taken for their rehabilitation. The
parents or persons responsible for the minors in question shall
co-operate in this task.
Formal education: Curricula and syllabuses at the
intermediate, middle, higher and technical levels in subjects of
social, biological and psychological courses of study shall contain
material intended to give an understanding of the phenomena
generated by drug traffic and consumption.
The universities, intermediate and middle-level centres,
technical centres for non-formal education and the military
technical colleges must incorporate in their curricula and
syllabuses material related to the problems generated by drug
traffic and consumption.
Non-formal education: The National Council Against Drug
Abuse and Illicit Traffic shall use non-formal education as an
instrument of public information strategy designed to prevent
consumption, traffic and delinquency related to controlled
substances and to enlist the participation of the population and
the community in total prevention. In these tasks, intersectoral,
inter-institutional and interdisciplinary co-operation will be
required and must be implemented under the direction of the
National Council Against Drug Abuse and Illicit Traffic.
Information and communication on matters related to
drugs: The National Council will design specific information
and social communication policies intended for the total prevention
of drug traffic and consumption and for the use of mass media, both
public and private, in carrying out prevention campaigns for that
purpose.
The National Council Against Drug Abuse and Illicit Traffic
shall issue regulations on the execution of programmes and
campaigns and the free use of the mass communication media in the
framework of these policies.
Regulations: The Ministry of Social Welfare and Public
Health, in agreement with the National Council Against Drug Abuse
and Illicit Traffic, shall issue regulations on the organization of
institutes for research in drug dependence, the selection of their
staff, their functions and responsibilities.
Social reintegration: The competent bodies shall be
responsible for co-ordinating the relevant mechanisms to facilitate
the reintegration of former drug addicts in society and the world
of work.
International co-ordination and co-operation: Since drug
traffic is a transnational offence, an offence against human rights
and contrary to international law, the National Council Against
Drug Abuse and Illicit Traffic shall co-ordinate its action with
foreign public and private bodies as well as with foreign
Governments and international agencies. Similarly, in accordance
with the interests of the State and for the achievement of its
aims,
it may request advice and collaboration from public and private
bodies, foreign enterprises, Governments and international bodies,
to bring about joint and effective action in fulfilment of
international agreements and within the framework of the Political
Constitution of the State.
Execution of penal sentences abroad: The Executive may
enter into agreements with other States within the framework of the
respective legal provisions to ensure that Bolivians condemned in
those States for controlled substances traffic offences are
repatriated and serve their sentences in the national territory. On
the basis of reciprocity, they may also agree that foreigners
condemned in Bolivia for such offences serve their sentences in
their countries of origin.
International agreements: The international agreements
regarding illicit drug traffic shall be subordinated to
constitutional provisions.
Extradition: Extradition for drug-traffic offences shall
be regulated in conformity with the provisions of article 3 of the
Penal Code.
All provisions contrary to this Law are abrogated and
repealed.
The Executive, within a maximum of 120 days after the
publication of the present Law, must approve special regulations
for the administration of the Law on the Regime Applicable to Coca
and Controlled Substances.
The Integrated Development and Substitution Plan (PIDYS) is a
complementary and operative part of the Law on the Regime
Applicable to Coca and Controlled Substances; therefore, the
relevant technical and financial arrangements must be formulated
within 120 days.
On an exceptional basis, on this occasion alone, and within the
period of one year after the publication of this Law, rural coca
producers located in zone (c) defined in article 8 shall be at
liberty to submit to eradication [of their crops] against economic
compensation.
On an exceptional basis, coca producers in Isiboro-Sécure
National Park shall receive the same treatment as [is practised] in
the excess production zone defined in article 8.
As regards action in hand, the provisions contained in title IV
of this Law shall be governed by article 4 of the Penal Code in
force.
Until such time as the judicial bodies created by the present
Law shall commence activities, the district judges for penal
matters shall
prosecute cases of offences involving controlled substances,
with full power and in conformity with previous procedures.
The penalty under article 82 shall apply as from the
establishment of the Local Controlled Substances Courts.
To be passed to the Executive for constitutional purposes.
Given in the Assembly Hall of the National Congress on the
thirteenth day of July in the year one thousand nine hundred and
eighty-eight.
|
|
(sgd) Dr. Ciro Humboldt Barrero
|
(sgd) H. Walter Soriano Lea Plaza
|
|
President
|
President
|
|
National Senate
|
Chamber of Deputies
|
|
|
|
(sgd) R. Jaime Villegas Duran
|
(sgd) Oscar Lazcano Henry
|
|
Senator/Secretary
|
Senator/Secretary
|
|
National Senate
|
|
|
|
|
(sgd) Guido Camacho Rodriguez
|
(sgd) Gonzalo Simbron Garcia
|
|
Deputy/Secretary
|
Deputy/Secretary
|
ANNEX TO THE LAW ON THE REGIME APPLICABLE TO COCA AND DANGEROUS
SUBSTANCES (INCLUDES NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES)
The following schedules are based on the Schedules of Narcotic
Drugs and Psychotropic Substances contained in the 1961 Convention
on Narcotic Drugs and the Convention on Psychotropic Substances,
including all the amendments introduced by the Commission on
Narcotic Drugs that have been in force since 19 September 1987.
Narcotic drugs
Cannabis and cannabis resin
Cocaine
Desomorphine
Heroin
Ketobemidone
Psychotropic substances
DET
DMA
DMHP
DOB
DOET
DMT
PMA
PCE
(+)-Lysergide
MDA
MDMA
Mescaline
Parahexyl
Psilocine, psilotsin
Psilocybine
PHP, PCPY
STP, DOM
TCP
Tetrahydrocannabinols (all isomers)
This schedule enumerates the narcotic drugs contained in
Schedule I of the 1961 Convention on Narcotic Drugs and the
amendments to the Convention on Psychotropic Substances and their
amendments in force since 19 September 1987, which appear in
Schedule II.
Narcotic drugs
Acetylmethadol
Acetorphine
Alphacetylmethadol
Alphameprodine
Alphamethadol
Alphaprodine
Allylprodine
Anileridine
Bezitramide
Benzethidine
Benzylmorphine
Betacetylmethadol
Betameprodine
Betamethadol
Betaprodine
Clonitazene
Codoxime
Dextromoramide
Diampromide
Diethylthiambutene
Difenoxin
Dihydromorphine
Dimepheptanol
Dimenoxadol
Dimethylthiambutene
Dioxaphetyl butyrate
Diphenoxylate
Dipipanone
Drotebanol
Ecgonine
Ethylmethylthiambutene
Etonitazene
Etorphine
Etoxeridine
Fentanyl
Furethidine
Hydrocodone
Hydromorphinol
Hydromorphone
Hydroxypethidine
Isomethadone
Levomethorphan
Levomoramide
Levophenacylmorphan
Levorphanol
Metazocine
Methadone
Methadone-Intermediate
Methyldesorphine
Methyldihydromorphine
Metopon
Moramide
Morpheridine
Morphine
Morphine-N-oxide
Myrophine
Nicomorphine
Noracymethadol
Norlevorphanol
Normethadone
Normorphine
Norpipanone
Opium
Oxycodone
Oxymorphone
Pethidine
Phenadoxone
Phenampromide
Phenazocine
Phenomorphan
Phenoperidine
Piminodine
Piritramide
Poppy straw, concentrate of
Proheptazine
Properidine
Racemethorphan
Racemoramide
Racemorphan
Sufentanil
Thebacon
Thebaine
Tilidine
Trimeperidine
Psychotropic substances
Amfetamine
Dexamfetamine
Fenetylline
Levamphetamine
Mecloqualone
Methamphetamine
Methaqualone
Methylphenydate
Phencyclidine
Phenmetrazine
This Schedule enumerates the narcotic drugs contained in
Schedule II of the Convention on Narcotic Drugs and the
psychotropic substances contained in Schedule III of the Convention
on Psychotropic Substances and their amendments in force since 19
September 1987.
Narcotic drugs
Acetyldihydrocodeine
Codeine
Dextropropoxyphene
Dihydrocodeine
Ethylmorphine
Nicocodine
Nicodicodine
Norcodeine
Pholcodine
Propiram
Psychotropic substances
Amobarbital
Butalbital
Cathine
Cyclobarbital
Glutethimide
Pentazocine
Pentobarbital
Secobarbital
This Schedule enumerates the narcotic drugs contained in
Schedule III of the 1961 Convention on Narcotic Drugs and the
psychotropic substances contained in Schedule IV of the Convention
on Psychotropic Substances and their amendments in force since 19
September 1987.
Narcotic drugs
Preparations of:
Acetylhydrocodeine
Codeine
Dihydrocodeine
Ethylmorphine
Nicocodine
Nicodicodine
Norcodeine
Pholcodine
Psychotropic substances
Allobrabital
Alprazolam
Amfepramone
Barbital
Benzphetamine
Bromazepam
Butobarbital
Camazepam
Chlordiazepoxide
Clobazam
Clonazepam
Clorazepate
Clotiazepam
Cloxazolam
Delorazepam
Diazepam
Estazolam
Ethchlorvynol
Ethinamate
Ethyl loflazepate
Etilamfetamine
Fencamfamin
Fenproporex
Fludiazepam
Flunitrazepam
Flurazepam
Halazepam
Haloxazolam
Ketazolam
Lefetamine
Loprazolam
Lorazepam
Lormetazepam
Mazindol
Medazepam
Mefenorex
Meprobamate
Methylphenobarbital
Methyprylon
Nimetazepam
Nitrazepam
Nordazepam
Oxazepam
Oxazolam
Phendimetrazine
Phenobarbital
Phentermine
Pinazepam
Pipradol
Prazepam
Propylhexedrine
Pyrovalerone
Secbutabarbital
Temazepam
Tetrazepam
Triazolam
Vinylbital
Chemicals
Acetic anhydride
Acetone
Ammonium hydroxide
Calcium hydroxide
Ethyl ether
Hydrochloric acid
Potassium permanganate
Sodium carbonate
Sulphuric acid
01
* This article does not appear in the Gaceta Oficial de
Boliviaof 22 July 1988
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