| SUPREME DECREE NO. 22099
REGULATIONS IN APPLICATION OF LAW NO. 1008 ON THE REGIME
APPLICABLE TO COCA AND CONTROLLED SUBSTANCES, 28 December 1988
The aim of the present instrument is to establish regulations in
application of the provisions of Law No. 1008 on the Regime
Applicable to Coca and Controlled Substances.
The objectives are to promote and facilitate the application of
the law in accordance with paragraph 1 of article 96 of the
Political Constitution of the State.
The traditional coca cultivation zone, the transitional excess
production zone and the illegal production zone are those defined
in articles 9, 10 and 11 of Law No. 1008.
The Under-Secretariat for Alternative Development and
Replacement of Coca Cultivation is responsible for controlling the
production of coca leaf as well as State coca plant nurseries for
exclusive supply to the traditional zone.
Coca plant beds outside State nurseries and in the considered
illicit and consequently eradicated. In the punished in accordance
with article 46 of Law No. 1008.
The Ministry of Rural and Agricultural Affairs shall organize
and draw up the rural register of traditional and excess coca bush
production zones. Lands which are not registered within one
calendar year, counted from the date of the present regulations,
shall be deemed areas of illicit production and their crops shall
be eradicated without any compensation.
The National Council for Agrarian Reform, the National Institute
for Land Settlement and the Land Registry Offices of La Paz and
Cochabamba shall remit to the Registry Office of the Ministry of
Rural and Agricultural Affairs, within 120 days, effective from
this date, the names of the beneficiaries by adjudication and/or
endowment of lands situated in zones (a) and (b) described in
articles 9 and 10 of Law No. 1008, with details of surface areas
and changes which have occurred since such adjudication and/or
endowment.
In accordance with article 29 of Law No. 1008, and in conformity
with the Integrated Plan for Development and Replacement (PIDYS),
the Under-Secretariat for Alternative Development and Replacement
of Coca Cultivation is responsible for determining the volumes of
production of coca leaf for licit trade.
The distribution and marketing of coca leaf for licit
consumption and use shall be under the control of the National
Directorate for the Control and Supervision of Coca Leaf, an agency
of the Office of the Minister of the Interior, Migration and
Justice, to prevent its diversion for illicit purposes.
Producers of and/or traders in coca leaf who do not direct their
product to the primary markets shall be sanctioned by confiscation
and subsequent incineration. The establishment of channels not
expressly authorized by the competent legal bodies is prohibited;
it is also prohibited to issue bonds, vouchers or receipts not
permitted by legal disposition.
The Under-Secretariat for Alternative Development is responsible
for planning and implementing the programme for the reduction of
coca cultivation, in accordance with title I of Law No. 1008, and
the design, start-up and execution of the Integrated Plan for
Alternative Development and Replacement of Coca Cultivation
(PIDYS).
The Under-Secretariat for Alternative Development, through its
technical bodies, shall undertake the tasks of defining of areas,
measurement, land registration, census, licensing and registration
of coca producers, and shall direct the regional and local
programmes of the Integrated Plan for Development and
Replacement.
The Under-Secretariat for Alternative Development, through its
technical bodies, shall administer and programme the annual
targets, the system of economic compensation, and registration and
certification of the voluntary reduction of coca cultivation. The
said reduction shall be effected in parallel with the programming
of local, micro-regional and regional development plans in the
framework of PIDYS and in line with the availability of national
and international financial resources, in accordance with chapter
III of Law No. 1008.
The Integrated Plan for Development and Replacement shall be the
operative instrument for applying the rules laid down in Law No.
1008 and shall include programmes for the control of coca
production and agricultural reconversion, economic revival,
regional development and social participation.
Producers shall participate in the various phases and stages of
the execution of the Integrated Plan for Development and
Replacement. For that purpose, the Under-Secretariat for
Alternative Development shall organize regional, micro-regional and
local committees of PIDYS.
The National Fund for Alternative Development shall be subject
to special regulation by the Under-Secretariat for Alternative
Development.
Producers of coca leaf who voluntarily participate in reduction
and replacement programmes shall contact the specialized agency of
the Under-Secretariat for Alternative Development, in the framework
of PIDYS. Farmers settled in zones (a) and (b) defined in article 8
of Law No. 1008 who do not produce coca may also benefit from the
alternative development programmes. Both individuals and groups
shall be eligible to benefit from compensation funds, priority
being given to economic and social projects.
The import, export, preparation and marketing of the chemical
substances for industrial use listed in schedule V of the annex to
Law No. 1008, and those added subsequently, shall be authorized,
supervised and controlled by the technical bodies of the National
Council against the Abuse of and Illicit Traffic in Drugs.
Raw materials and finished medicines and chemical substances for
industrial use which are not licensed shall be subject to
seizure.
The issue of licences for import and/or export and marketing of
raw materials and finished medicaments containing controlled,
narcotic and psychotropic substances shall be effected by
ministerial decision, pronounced by the Ministry of Social Welfare
and Public Health, which shall be communicated to the Special Force
to Combat Drug Traffic.
Pharmacies authorized by the Ministry of Social Welfare and
Public Health for the sale of medicaments containing controlled
substances shall dispense their products only against medical
prescriptions made out on forms issued by the Ministry, in
duplicate, indicating the name and identity card of the patient.
One copy shall be sent every thirty days to the Ministry of Social
Welfare and Public Health and the other shall be retained by the
pharmacy for its records.
District customs offices, customs agents and carriers who within
48 hours have not sent detailed reports and documentation on the
import and export of products or raw materials containing
controlled substances to the Ministry of Social Welfare and Public
Health and to the National Council against the Abuse of and Illicit
Traffic in Drugs shall be liable to suspension of their functions
or activities.
Owners of products containing controlled substances must, prior
to their transport, request authorization from the Ministry of
Social Welfare and Public Health. Carriers must require such
authorization on pain of prosecution for complicity.
Controlled substances and medicines containing such substances
which do not satisfy these requirements shall be seized, together
with the means of transport and their owners shall be detained for
investigation.
The Special Force to Combat Drug Traffic shall maintain a
national register of natural and legal persons engaged in the
import, preparation and marketing of controlled substances, in the
form of a data bank containing all the relevant information.
Offenders shall be sanctioned according to the law.
The Ministry of Social Welfare and Public Health, in cooperation
with the Ministries of Industry, Trade and Tourism and of Energy
and Hydrocarbons, shall compile an inventory of inward and outward
movements and of stocks of drugs causing dependence in
laboratories, pharmacies and import houses, and of precursors. They
shall draw up statistics on the official and private requirements
for such drugs and precursors.
Laboratories, pharmaceutical establishments and commercial firms
which manufacture, distribute and import drugs or medicines which
cause dependence, as well as precursors, shall not possess
quantities greater than those authorized.
In no case may the penalties for trafficking in drugs exceed 30
years' imprisonment, in accordance with article 17 of the Political
Constitution of the State.
Persons under the age of 16 who have committed offences
punishable under Law No. 1008 shall be interned in special centres
until they are fully rehabilitated.
Possession for immediate personal consumption is understood as
limited to the quantity of a drug equivalent to 48 hours' use,
determined by two medical experts as defined in article 49 of Law
No. 1008. If the quantity is greater, there is a presumption of
trafficking.
A person who assigns a movable or immovable asset for the
purpose of the manufacture, storage, transport, sale or use of any
controlled substances therein, and/or tolerates the consumption of
controlled substances therein, shall be punished in accordance with
article 71 of Law No. 1008.
Movable or immovable assets or means of air, river or land
transport which have been seized and have not been reclaimed by
their owners within 30 days shall become the property of the
National Council against the Abuse of and Illicit Traffic in
Drugs.
For the offences of supply and inducement, the quality and
degree of the penalty shall take account of the method, form,
quantity, time and place and of extenuating or aggravating
circumstances.
An offence is committed, which shall be sanctioned in accordance
with the laws in force, by an owner or tenant of property or land
where:
-
Landing strips exist or are constructed without authorization
from the Ministry of Aviation;
-
Aircraft land or take off without authorization from the
Ministry of Aviation or without sufficient cause, unless the
nearest civil, military or district police authorities are notified
immediately;
-
The owners or tenants of places where there are landing strips
or airfields authorized by the Ministry of Aviation do not
immediately notify the authorities of the take-off or landing of
aircraft.
The local prosecutors assigned to the local controlled
substances courts, district commands of the Special Force and the
Under-Secretariat for Social Defence must be professionals
qualified in the subject. Officials of the Under-Secretariat for
Social Defence have national jurisdiction.
Records of judicial police action drawn up by the provincial and
cantonal authorities, together with any detained persons, must be
handed over within 48 hours to the nearest district command of the
Special Force.
The period to which article 97 of Law No. 1008 refers shall be
48 hours for each detained person, with the purpose of completing
the investigations.
Records of judicial police action shall include the following
documents:
-
Accusation form (source of the information)
-
Arrest form for each detained person
-
Preliminary report
-
Detailed report of the police officer
-
Seizure record
-
Record of weighing of the seized drug
-
Laboratory analysis (if there is a laboratory)
-
Supporting photographs
-
Statements by the accused persons
-
Other documentary evidence
-
Record of confrontation of witnesses, if applicable
-
Final report
-
Note of transmission to the Office of the Public Prosecutor.
The State and private enterprises shall not discriminate in the
provision of employment to rehabilitated and socially readjusted
persons.
It is deemed to be in the public interest that non-profit civil
societies, associations and foundations should be constituted for
prevention, rehabilitation and scientific research in respect of
the matters to which this law refers. Their functioning shall be
subject to special regulations and to the provisions of the second
paragraph of article 136 of Law No. 1008.
The National Council against the Abuse of and Illicit Traffic in
Drugs, through its competent organs, shall develop plans and
programmes for prevention, treatment, rehabilitation and social
reintegration, and for combating the illicit consumption of
narcotic drugs and psychotropic substances.
The Ministries of the Interior, Migration and Justice, National
Defence, Aviation, Education and Culture, Information, the Armed
Forces, the National Police and the Universities and other public
and private institutions shall, in their plans and programmes for
curricular studies, include subjects relating to prevention of
abuse of narcotic drugs and psychotropic substances.
Drug abuse shall be included as a compulsory subject for study
in the curricula of education programme from basic to higher
level.
The National Council against the Abuse of and Illicit Traffic in
Drugs shall present to the educational community programmes
transmitted through the mass media to provide information on
treatment, rehabilitation and social reintegration.
An interdisciplinary committee shall be set up in each
educational community with the participation of teachers and
parents and in collaboration with departmental prevention
committees to promote and disseminate comprehensive knowledge of
the phenomenon of drug abuse and its treatment.
Institutes for treatment and rehabilitation shall be under the
control and supervision of the Ministry of Social Welfare and
Public Health.
The country's health departments shall be responsible for
supervising the functioning of the treatment, rehabilitation and
social reintegration centres.
When Juvenile courts order compulsory internment of minors for
treatment and rehabilitation in specialized health centres,
administered by the Ministry of Social Welfare and Public Health,
the social aspects shall be attended to by the competent
bodies.
The National Board for Social Solidarity and Development,
through its organ for the protection of minors, shall define and
implement rehabilitation policies for drug-dependent juveniles in
cooperation with the National Council for Prevention and
Rehabilitation.
Departmental rehabilitation centres for drug-dependent Juveniles
shall be established, operating subject to the regulations laid
down by the National Council for Prevention and Rehabilitation.
Minors under 16 years of age who commit acts defined as offences
under Law No. 1008 shall be committed for treatment as decided by
the legally appointed specialized authority.
The contents and methods of preventive information must be based
on a knowledge of national realities in respect of the drug abuse
problem and the recommendations of the United Nations and the
specialized agencies of the United Nations system.
Public information related to problems concerning the illicit
traffic in and abuse of drugs shall be in conformity with the norms
of Journalistic ethics, aiming at preventive education and avoiding
the distortion of facts and values. Violators shall be sanctioned
in accordance with article 79 of Law No. 1008.
The social communication media shall transmit educational and
preventive messages, as provided in the second paragraph of article
142 of Law No. 1008.
The public transmission of information showing minors and
identifying them with acts related to drug trafficking or
consumption is prohibited.
The National Council against the Abuse of and Illicit Traffic in
Drugs shall coordinate international cooperation and shall
determine the allocation and use of resources derived from that
source through the appropriate bodies, plans and programmes.
Government Palace, city of La Paz, 28 December 1988
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