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Law No. 177 of 27 May 1994
THE PRESIDENT OF THE REPUBLIC OF NICARAGUA
Gives notice to the Nicaraguan people that:
THE NATIONAL ASSEMBLY OF THE REPUBLIC OF NICARAGUA,
In exercise of its powers,
HAS PROMULGATED
The following
NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND OTHER CONTROLLED
SUBSTANCES ACT
The present Law regulates the State's function of preventing,
investigating, controlling and monitoring all activities relating
to the cultivation, production, manufacture, use, possession,
transport and marketing of narcotic drugs, psychotropic substances,
inhalants and pharmaceuticals of any kind capable of producing
physical or psychological dependence, and having stimulating,
depressive, narcotic or hallucinogenic effects, which are included
in the international conventions adopted by Nicaragua or in any
other related legal instrument adopted in the future, and any which
are included in the lists prepared and updated by the Ministry of
Health and published in the official gazette La Gaceta.
The present Law also regulates the control and monitoring of
activities relating to the production and marketing of substances
and materials involved in the manufacture and production of the
substances specified in the preceding article and of activities
serving to conceal or disguise the origin of income and acquisition
of property of any kind derived from such unlawful activities or
from those specified in the preceding article.
The present Law further regulates the organization, public
activity and participation of non-governmental organizations in
connection with the protection and education of society in general
regarding the effects of consumption of the substances specified in
article 1, and also the treatment, rehabilitation and social
reintegration of persons dependent on such substances.
The terms appearing in this Law shall be understood to be
employed in their normal meaning, as established in the related
international conventions or agreements ratified by Nicaragua.
Other substances having the effects of psychotropic substances
or narcotic drugs may be added to the lists of controlled
substances by the Ministry of Health.
For the purposes of the present Law, the following definitions
shall be adopted:
- Drug:
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Any substance which, when introduced into the living organism,
modifies its physiological functions, with stimulating, depressive,
narcotic or hallucinogenic effects;
- Narcotic drug:
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A drug not prescribed medically which acts on the central
nervous system, producing dependence;
- Medicinal product:
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Any drug produced or manufactured in a known pharmaceutical form
which is used for the prevention, treatment or cure of diseases or
to correct their after-effects;
- Psychotropic substance:
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A drug which acts on the central nervous system, producing
psychoneurophysiological effects;
- Abuse:
-
The self-administered use of a drug for non-medical
purposes;
- Psychological dependence:
-
The repeated need to take drugs, irrespective of the
consequences thereof;
- Addiction or drug addiction:
-
Dependence on a drug, with the manifestation of physical
symptoms if its use is discontinued;
- Therapeutic dose:
-
The quantity of a drug or medicinal product prescribed by a
physician in accordance with the clinical needs of his patient;
- Minimum dose:
-
The quantity of narcotic drugs, not exceeding one gram in the
case of cocaine or crack or 10 grams in the case of marijuana,
carried or kept by a person for his own use for medical
reasons;
- Precursor:
-
The substance or mixture of substances from which addictive
drugs are produced, synthesized or obtained.
The production, manufacture, exportation, importation,
distribution, marketing, use and possession of drugs and narcotic
drugs, and also the cultivation of plants from which they are
produced, shall be limited to the medical and scientific purposes
provided for in the international conventions, and laws and
regulations of the Republic.
The National Drug Control Board shall be established as an
advisory body to the Government on the formulation, development and
evaluation of related national policies of a comprehensive
nature.
It shall enjoy functional autonomy and financially shall be
attached to the Ministry of the Interior.
The National Drug Control Board shall be composed of:
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(a) The Minister of the Interior, failing whom, the Deputy
Minister, who shall preside over the Board;
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(b) The Minister of Health, failing whom, the Deputy
Minister;
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(c) The Minister of Education, failing whom, the Deputy
Minister;
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(ch) The Minister responsible for the Nicaraguan Institute of
Social Security and Welfare (INSSBI), failing whom, the Deputy
Minister;
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(d) The Chief Public Prosecutor, failing whom, the Assistant
Chief;
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(e) The National Police Chief;
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(f) The President of the Anti-Drug Commission of the National
Assembly;
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(g) A representative of the lawfully constituted youth
organizations, appointed by mutual agreement by those
organizations.
The duties of the National Drug Control Board shall be as
follows:
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(a) To formulate, for adoption by the Executive, the policies,
plans and programmes to be pursued by public and private agencies
in the fight against the illicit production, marketing and use of
addictive drugs;
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(b) To establish the necessary rules of internal organization
for the due performance of its duties, and to submit proposals to
the Government concerning those rules of internal organization
whose establishment comes within its purview;
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(c) To obtain and process information on and the results of
supervision undertaken by public and private agencies in the
prevention of drug addiction and the rehabilitation of drug
addicts;
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(ch) To promote the exchange of experiences with regional and
international organizations and to foster cooperation with them,
with a view to effectively combating drug addiction and its
manifestations;
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(d) To recommend the signing or ratification of related
bilateral or multilateral agreements, conventions or treaties with
other countries and duly follow them up, and to recommend
amendments to domestic law;
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(e) To establish a related documentation centre, for which
purpose it shall develop the necessary coordination with the
respective agencies with data banks at the national and
international levels;
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(f) To set up and organize permanent or temporary working groups
or committees for the discussion of related special topics, with
national and foreign technicians engaged for such purpose;
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(g) To obtain from the police, judges and
Ministry of Finance, as well as from any authority, a quarterly
report on property seized under this Law and on the allocation of
such property.
The National Drug Control Board shall have an executive
secretariat, whose staff shall be appointed by the Board. No member
of the National Board may form part of the executive
secretariat.
The duties of the executive secretariat of the Board shall be as
follows:
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(a) To implement the decisions of the Board, and to undertake
studies and work entrusted to it by the Board;
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(b) To formulate such plans, projects and programmes as it
considers necessary for the performance of the functions of the
Board and to present them to the Board for consideration;
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(c) To serve as the Board's link with its standing commissions
and the national and international, governmental and private
agencies engaged in research, prevention, investigation, control,
suppression and rehabilitation in regard to addictive drugs, and
also with the population in general.
The Board may appoint such standing commissions as it considers
necessary and shall lay down their rules of procedure.
The Board may summon to its meetings any officials whom it deems
appropriate to hear, and the authorities shall afford it such
cooperation as it may request for the fulfilment of its duties.
The National Board shall appoint a National Technical Advisory
Committee on Drug Dependence Prevention, which shall be made up
of:
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(a) A specialist in criminology;
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(b) A specialist in educational psychology;
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(c) A specialist in social work;
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(ch) A specialist in sociology;
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(d) A specialist in psychiatry;
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(e) A specialist in social communication;
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(f) A lawyer who is an expert in legislation on the
subject-matter of the present Law.
The duties of the National Technical Advisory Committee on Drug
Dependence Prevention shall be as follows:
-
(a) To advise the National Narcotics Board on the execution of
plans, projects and programmes relating to the education, care and
rehabilitation of drug-dependent persons;
-
(b) To establish the guiding criteria regarding information,
publicity and campaigns, to combat drug trafficking and
dependence;
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(c) To design and evaluate prevention and
rehabilitation programmes;
-
(ch) To provide advisory services to governmental and private
agencies concerned with programmes for the prevention of drug
addiction and for the education, counselling and rehabilitation of
drug addicts;
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(d) To promote research on narcotic drugs, psychotropic
substances and other controlled substances;
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(e) To seek the cooperation of other specialists where
programmes and campaigns that are organized so require;
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(f) Any other duties assigned to it by the National Drug Control
Board.
The National Board may procure and receive donations from
private individuals and public or private institutions, whether
national or foreign.
A departmental drug control board shall operate in each of the
departments, and shall be made up of:
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(a) A representative of the Ministry of the Interior, who shall
preside over the board;
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(b) A representative of the Ministry of Health;
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(c) A representative of the Ministry of Education;
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(ch) The Departmental Public Prosecutor, or his delegated
representative;
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(d) The Departmental Police Chief or his delegated
representative;
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(e) A representative of the lawfully constituted
non-governmental organizations, elected from among those operating
within the department;
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(f) A representative of the lawfully constituted youth
organizations, selected from among those operating within the
department;
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(g) A councillor delegated by the municipal council of the chief
town of the department concerned.
These persons or their delegated representatives shall have
decision-making authority.
The provisions set out in the preceding article shall apply in
the autonomous regions of the north and south Atlantic. In those
regions, a member of the corresponding Autonomous Regional Council
shall form part of the regional drug control board.
The functions of the departmental boards shall be the same as
those of the National Board, with regard to the department or
region concerned.
The Commission on Controlling Bank and Financial Operations and
other related activities involving money laundering shall be
established, as a technical body of the National Drug Control
Board, for the purpose of preventing unlawful economic activities
connected with drug trafficking from being carried out in
Nicaragua.
The Commission shall operate within the Banking and Other
Financial Institutions Supervisory Authority and shall, for the
performance of its functions, receive logistic support from that
institution.
The object of the Commission shall be to study the different
techniques and methods employed for the purpose of carrying out
banking, financial and related operations which are instrumental in
the laundering of money derived from the unlawful activities coming
under the present Law.
The Commission shall be appointed by the National Drug Control
Board and shall be made up of a specialist in banking law, an
auditor, a market analyst, a member of the Economic Crime Division
of the National Police and a member of the Department of Public
Prosecution.
The functions of the Commission on Controlling Bank and
Financial Operations and other related activities involving money
laundering shall be as follows:
-
(a) To ensure that foreign investments come from economic
resources of legitimate origin, in order to prevent the entry of
money derived from drug trafficking or other related activities and
intended for circulation within the national financial system for
the purpose of being laundered;
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(b) To detect any activity relating to the laundering of money
derived from drug trafficking and thereby entailing a risk to the
national banking and financial system and also to the security of
the nation with regard to its institutional stability and public
order;
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(c) To analyse possible methods and techniques which may be used
in money laundering and its numerous forms;
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(ch) To submit proposals to the competent authorities concerning
measures to be implemented for the purpose of detecting, preventing
and penalizing the techniques and methods used in the commission of
the unlawful acts coming under the present Law;
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(d) To propose and recommend such legislative reforms as are
considered necessary in order to deal with those activities;
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(e) To coordinate action with other
agencies with a view to achieving the proposed aims, and to provide
all the cooperation and information requested of it by the National
Narcotics, Psychotropic Substances and Other Controlled Substances
Board, the Department of Public Prosecution and the judicial or
police authorities.
For the attainment of its objectives as specified in this
chapter, the Banca Estatal y Privada shall report to the Commission
the entry of foreign currency or precious metals whose amount
exceeds US$10,000.00 relating to transactions carried out by its
customers.
It shall be possible, by means of a court order, to lift bank
and tax secrecy in regard to persons who are being investigated in
connection with any of the offences under this Law.
Every campaign aimed at preventing the cultivation, production
and consumption of or trafficking in narcotic drugs, psychotropic
substances and other controlled substances shall be approved and
supervised by the National Drug Control Board.
The press and radio broadcasting and television stations shall
cooperate, according to their means, with the National Board in the
publicizing of the different programmes for the prevention of
trafficking in and unlawful use of controlled narcotic drugs and
psychotropic substances.
Primary, technical and secondary education programmes and
teacher training and informal education programmes shall include
information on the risks of drug addiction in the form laid down by
the Ministry of Education in coordination with the National Drug
Control Board. The universities shall also do so, in accordance
with their own laws and regulations.
The Ministry of Health shall include in its programmes the
provision of treatment and rehabilitation services for drug addicts
and shall, on a quarterly basis, send to the National Drug Control
Board statistical reports on the number of persons who have
received attention at its rehabilitation centres throughout the
country.
The setting up and operation of every governmental or private
establishment intended for the preventive care, treatment or
rehabilitation of drug addicts shall be authorized by the Ministry
of Health and shall be subject to inspection by it.
It shall be the duty of the State to provide adequate economic
resources for the preventive care, treatment, rehabilitation,
education and social reintegration of persons suffering from the
effects of using narcotic drugs, psychotropic substances or other
controlled substances. This duty shall be discharged by the
Ministry of Health and the Nicaraguan Institute of Social Security
and Welfare through the care centres to be established to that end.
Also, the State shall provide financial support for any private
agencies which are organized for these same purposes.
The Ministry of Health, the universities and other governmental
and private institutions shall, in coordination with the National
Drug Control Board and the Nicaraguan Institute of Social Security
and Welfare, undertake epidemiological research, investigation,
medical, scientific and technical training programmes concerning
the phenomenon of addiction to narcotic drugs, psychotropic
substances and other controlled substances, with a view to
proposing solutions which may be introduced and developed.
In connection with the present Law, the Ministry of Health shall
have the following functions:
-
(a) To establish, in accordance with the international
conventions, the list of addictive drugs and medicinal products and
precursors which are to be subject to special control;
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(b) To authorize the importation and sale of addictive drugs and
medicinal products, and of precursors used in their manufacture,
fully in conformity with health requirements, with the lists
prepared by the Ministry itself and with the provisions of the
present Law;
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(c) To register and control the drugs and medicinal products
which are manufactured in the country;
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(ch) To regulate and control the manufacture, production,
processing, acquisition, distribution, sale, consumption and use of
addictive drugs, medicinal products and precursors.
The State shall promote sporting and recreational activities,
especially for children and young people, as an effective method in
preventing drug addiction, and the necessary items shall be
included in the national budget for such purpose.
Unless express authorization is granted by the Ministry of
Health, it shall be prohibited throughout the national territory to
engage in any activity relating to the sowing, growing, production,
mowing, harvesting or cultivation of plants of the genus Papaver
somniferum L. (opium poppy) and its variety Album (
Papaveraceae), the genus Cannabis sativa (marijuana,
Indian variety and American variety), the genus Erythroxylum
novogranatense morris (coca bush) and its varieties (
Erythroxylaceae), of hallucinogenic plants such as the
peyote ( Psilocybe mexicana), and all other plants or parts
of plants having the characteristics of controlled substances.
The possession, keeping or storage of germinative seeds of the
aforementioned plants shall also be prohibited unless express
authorization is issued by the Ministry of Health.
The production, extraction, manufacture, processing, synthesis
or preparation of dosage forms of the substances referred to in
this Law and of any substances specified by the Ministry of Health
shall be prohibited throughout the national territory, unless
express authorization is issued by that Ministry.
No individual or corporate entity may engage in the extraction,
manufacture, processing, packaging, sale, marketing, importation,
exportation or storage of precursors or chemicals which may be used
for the production of the substances referred to in the present Law
without possessing the corresponding authorization or licence duly
issued by the Ministry of Health.
Any medicinal products which contain controlled substances may
only be sold to the public on the basis of a medical prescription,
on an official form, issued and controlled by the Ministry of
Health, in accordance with the list drawn up by that Ministry.
Any laboratories which use addictive substances or medicinal
products in the production of drugs shall furnish periodic reports
to the Ministry of Health on the quantities of raw materials and
precursors received, of the medicinal products manufactured and
sales carried out.
Every activity relating to the importation or exportation of
controlled substances, medicinal products which contain them,
precursors or chemicals shall be examined by the General Customs
Directorate, subject to being duly granted judicial
authorization.
The National Police may take samples of controlled substances,
medicinal products which contain them, precursors or chemicals, in
the quantities necessary for investigation purposes, without the
prior authorization of the owner or consignee.
The Ministry of Health shall, with the Ministry of Agriculture
and Livestock and the Ministry of Natural Resources and the
Environment, establish the methods to be followed and the
substances to be used for the destruction of illicit plantations or
crops, with a view to preserving the ecological balance.
On completion of the judicial inspection, the police authorities
shall, in the presence of the judge, undertake the destruction of
plantations of marijuana, coca bushes, opium poppies, and any other
plants from which drugs can be produced, by means of the following
procedure:
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(a) The plantation shall be identified by experts, with the use
of an appropriate technique;
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(b) The cultivated site shall be identified by its position,
boundaries and the area of the plantation;
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(c) A record shall be made of the names and other personal
details of the owner or possessor of the land and holder, and also
of the cultivators, workers and any other persons present at the
location at the time of the seizure;
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(ch) Sufficient samples of the plants shall be taken for the
corresponding expert assessments.
All these details and any other relevant particulars shall be
noted in a record, which shall be signed by the officials who took
part and by the owner, possessor, holder or cultivator of the site
or, failing them, any person found at the site. A representative of
the Department of Public Prosecution shall take part in this
procedure, whereupon the plantation shall be destroyed.
In cases where the National Police seizes marijuana, cocaine,
morphine, heroin or any other drug, it shall immediately carry out
the corresponding technical identification of the substance,
specify its quantity and weight, note the names and other personal
details of any individuals who appear to be involved in the act,
and describe any other circumstance useful for the investigation. A
record of all the foregoing shall be made in a document signed by
the officials who took part in the procedure and by the person or
persons in whose possession the drug or substance was found.
The police officials who carried out the procedure referred to
in the preceding article shall report all the measures taken to the
competent judge, who shall conduct an examination at the same or
the subsequent hearing.
Any persons who perform the unlawful acts set out in the present
chapter shall be guilty of the offence of illegal trafficking in
narcotic drugs, psychotropic substances or controlled
substances.
Any persons who without being lawfully authorized sow, cultivate
or harvest seeds or plants from which narcotic drugs, psychotropic
substances or other controlled substances can be obtained shall be
liable to ordinary imprisonment from three to twelve years and a
fine of between three thousand and fifty thousand
córdobas.
Any persons who without being lawfully authorized extract,
produce, manufacture or process narcotic drugs, psychotropic
substances or other controlled substances shall be liable to
rigorous imprisonment from six to twenty years and a fine of
between ten thousand and five hundred thousand córdobas.
Any persons who store narcotic drugs, psychotropic substances or
other controlled substances without lawful authorization shall be
liable to ordinary imprisonment from three to twelve years and a
fine of between five thousand and fifty thousand
córdobas.
Any persons who finance the cultivation, production,
manufacture, transport or marketing of narcotic drugs, psychotropic
substances or controlled substances, or the seeds or plants from
which they are extracted, shall be liable to rigorous imprisonment
from six to twenty-five years and a fine of between ten thousand
and five hundred thousand córdobas.
Any persons who aid or abet the consumption or sale of narcotic
drugs, psychotropic substances or other controlled substances or
who induce others to do so shall be liable to ordinary imprisonment
from one to five years.
Any person who without authorization from the Ministry of Health
prescribes, supplies, dispenses or administers substances forming
the subject of the present Law shall be liable to rigorous
imprisonment from three to ten years and specific disqualification
for the period of the sentence, according to the severity of the
unlawful act committed.
Any person lawfully authorized by reason of his profession to
sell medicinal products who without the corresponding medical
prescription dispenses substances forming the subject of the
present Law shall be liable to specific disqualification for a
period of one to three years. The same penalty shall be imposed on
any medical practitioner who in proven bad faith prescribes,
supplies or administers any such substance in a dose greater than
that required for the case concerned, or in any dose if the case
does not require its use.
A physician treating drug-addicted patients shall enter his
prescriptions in the record book, using unambiguous expressions and
with numbers written in words. He shall also inform the Ministry of
Health of the type of treatment prescribed for each patient.
The penalty shall be increased up to twice its amount but
without exceeding the maximum penalty:
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(a) If minors are induced or incited to commit offences under
this Law;
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(b) if minors are used for the purpose of committing the
offence;
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(c) If persons who are mentally
disturbed, whether permanently or temporarily, are induced or
incited or used to commit the offence;
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(ch) If the unlawful act is carried out at educational, social
service, cultural, sporting, recreational or vocational centres, or
in barracks or prison establishments, or at places less than one
hundred yards from the aforementioned locations;
-
(d) If advantage is taken of the status of a relative in the
ascending line or a position of authority over a minor;
-
(e) If the offender had entered the national territory by deceit
or false pretences or without lawful authorization;
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(f) If the seized quantity exceeds 10 kilograms in the case of
marijuana or hashish, or ½ kilogram in the case of cocaine
or methaqualone;
-
(g) If senior officials of the State authorities or
municipalities, autonomous regional councils or police or military
authorities are involved in the commission of such offences;
-
(h) If the offenders belong to a national or international
organization whose purpose is to carry out any of the criminal
activities coming under the present Law.
A person committing any of the unlawful acts under the present
Law who proves to be the head of an organization as referred to in
(h) of the preceding article, or who, although not the head of that
organization, obtains the greatest economic advantage, shall be
liable to rigorous imprisonment from sixteen to thirty years and a
fine of between two hundred and fifty thousand and five million
córdobas.
A civil servant, public employee or official responsible for the
investigation, trial or custody of persons involved in serious or
minor offences under the present Law who arranges for the offender
to evade punishment, or for the concealment, alteration or removal
of items or substances seized, or facilitates the escape of an
arrested, detained or sentenced person, or alters or causes the
alteration of the corpus delicti shall be liable to ordinary
imprisonment from three to twelve years and specific
disqualification for the period of the sentence.
Once the judgement becomes final, property which has been made
the subject of an attachment or distraint order in the proceedings
shall be auctioned by the judge trying the criminal case, in
accordance with the provisions contained in the Code of Civil
Procedure.
The proceeds of the auction sale shall be used first to pay the
mortgage creditors or any persons demonstrating a legitimate right,
and the fine shall be paid out of the remainder.
Where the National Police acts in flagrante delicito in a
case of illicit drug trafficking committed through the use of
privately owned landing strips or airports, it may seize such
landing strips or airports, and the licence to operate them shall
be cancelled by the competent authority, either temporarily or
permanently, according to the extent of their owner's participation
in the commission of the offence.
Without prejudice to the provisions of the present Law, the laws
and regulations governing aviation and runways shall be applicable
to all matters relating thereto.
Any person who without authorization manufactures, transports,
stores or holds in his possession precursors, chemicals, solvents
or other substances for the purpose of using them in the processing
of narcotic drugs, psychotropic substances or controlled substances
shall be liable to ordinary imprisonment from one to five
years.
A penalty of rigorous imprisonment from three to twenty years
and forfeiture of money and property derived from the offence shall
be imposed on any person participating in a deed or contract of any
kind, whether real or simulated, involving the disposal,
investment, pledging, assignment, conversion, transfer, safekeeping
or concealment of the nature, origin, location, allocation or
movement of income, property, assets, bonds or goods derived from
unlawful acts established under this Law or of the economic
advantage obtained from such offences, provided that he was aware
of their origin and, by those actions, sought to disguise or
conceal the origin of the resources or to evade the legal
consequences of those actions, irrespective of the place where such
unlawful acts were committed.
The same penalty shall be incurred by any person who profited
from the offence specified in the preceding provision. If the
activities defined as an offence in this article were carried out
abroad, the corpus delicti may be established by any
evidentiary means, provided that the guarantees embodied in
domestic law and in the international conventions adopted by
Nicaragua on the protection of the rights of the accused are
respected.
Any persons who without authorization acquire, transfer on
whatsoever basis, distribute, sell, barter, dispense, or in any
other way market narcotic drugs, psychotropic substances,
controlled substances, or seeds or plants from which such
substances are extracted or produced, shall be liable to rigorous
imprisonment from five to twenty years and a fine of between twenty
thousand and five hundred thousand córdobas.
Any persons who with full knowledge of the facts supply property
of any kind for the purposes of storing, producing, manufacturing
or processing narcotic drugs, psychotropic substances or controlled
substances or supply means for their transport shall be liable to
ordinary imprisonment from three to twelve years, a fine of between
five thousand and fifty thousand córdobas and, if
applicable, confiscation of the movable property employed.
Any persons who with full knowledge of the facts provide
premises of any kind for the purpose of consumption therein of
narcotic drugs, psychotropic substances or controlled substances
shall be liable to ordinary imprisonment from one to three years,
without prejudice to any penalties applicable in respect of other,
concurrent offences. In the case of a commercial establishment,
such premises shall be immediately closed if it is established that
they are habitually used for the aforementioned unlawful
purposes.
Any persons who without authorization carry out activities
involving the importation or exportation of narcotic drugs,
psychotropic substances or controlled substances shall be liable to
rigorous imprisonment from five to twenty years and a fine of
between ten thousand and five hundred thousand córdobas.
Any persons who without the corresponding lawful authorization
transport, within the national territory or in international
transit, narcotic drugs, psychotropic substances or other
controlled substances shall be liable to rigorous imprisonment from
five to fifteen years and a fine of between ten thousand and one
hundred thousand córdobas, in addition to confiscation of
the means of transport.
The courts shall apply the minimum penalties if the perpetrator
of a particular offence or an accomplice or accessory assists the
investigations of the case by providing essential details of the
punishable act. Such circumstance shall be duly reasoned in the
court's verdict.
The minimum level of the penalty shall be applied to persons
guilty of offences penalized under articles 47, 48, 53, 54, 55, 56,
57, 58 and 59 if they divulge to the authorities the names of any
guilty parties not discovered or the plans for the commission of
other offences.
Any person who commits the unlawful acts specified in the
present chapter shall be guilty of criminal misconduct in relation
to drugs.
A person found to be under the influence of drugs shall be
immediately examined by the forensic medical officer with a view to
ascertaining his condition and to referring him to a public or
private rehabilitation establishment. The forensic medical officer
shall specify the duration of the medical treatment.
The appropriate authority may entrust a drug-addicted person to
the care of his family or refer him, under his family's
responsibility, to a rehabilitation centre or clinic for
appropriate treatment, which shall be continued for the time
necessary for his recovery, which shall be certified by the
attending physician or therapist concerned. The drug addict's
family shall assume responsibility for the fulfilment of its
obligations towards him by the payment of a surety, to be fixed by
the competent official in accordance with the family members'
financial standing.
The physician or therapist shall provide the authority which
handled the case with periodic reports on the state of health and
rehabilitation of the drug addict.
If his family fails to fulfil the obligations devolving upon it,
the surety shall be encashed and the internment of the drug addict
shall be enforced.
A manufacturer or distributor of patent pharmaceutical products
who fails to indicate on their labels the risks of drug dependence
which their use entails shall be liable to a fine of between one
thousand and ten thousand córdobas.
The owners or administrators of pharmacies who hold in stock
branded pharmaceuticals containing addictive drugs or medicinal
products in an amount exceeding that authorized shall be liable to
a fine of between five thousand and fifty thousand córdobas.
In the case of a repeated breach, in addition to the imposition of
the fine, the operating licence shall be suspended for a period of
three to twelve months.
The owners or administrators of entities or establishments
subject to inspection or supervision under the present Law who
object to any such inspection or supervision or fail to afford the
necessary cooperation for it to be carried out shall be liable to a
fine of between four thousand and forty thousand córdobas
and suspension of the operating licence for a period of three to
twelve months.
The revenue from the fines provided for in the present Law shall
be transferred to the Ministry of Health, which, subject to the
decision of the National Narcotics, Psychotropic Substances and
Other Controlled Substances Board, shall allocate such revenue to
the mental health and rehabilitation programmes of the Ministry of
Health and to the care and rehabilitation programmes of
non-governmental organizations.
Any person who without being authorized in accordance with the
present Law illegally supplies to a professional or amateur
sportsman or sportswoman any addictive drugs or medicinal products
or incites him or her to consume them shall be liable to
non-commutable light imprisonment from one to two years.
The competent authority may issue a provisional attachment order
or impose any other precautionary measure if it has valid reasons
for guaranteeing the allocation of property or proceeds derived
from or instrumentalities used in the commission of offences under
the present Law, without prejudice to the seizure thereof where
applicable.
Any movable property used in the commission of offences
penalized under the present Law and any substance intended for that
purpose, as well as the proceeds of such offences, shall be liable
to seizure by the police. In the case of immovable property used
for the same purpose, the judicial authority trying the case shall
order its attachment and shall appoint as custodian, until the case
is ruled on, the official of the Ministry of Finance named by the
Minister of Finance. If the verdict is a conviction, the judge
shall, in addition to the penalties laid down in chapter VII of
this Law, order the confiscation of such immovable property.
Any money seized by virtue of the application of this Law shall
be deposited by the judge in a special bank account yielding
interest, which may in all cases be used in accordance with the
provisions contained in article 81.
If property recorded in the property registers is the subject of
an attachment order, the judge trying the case shall order
immediately the making of a precautionary entry in the property
registry and shall notify the Ministry of Finance thereof. The
Chief Public Prosecutor shall ensure the enforcement of this
decision. Commercial public service aircraft, land vehicles and
vessels shall be excepted if narcotic drugs, psychotropic
substances or other controlled substances are found in baggage or
property under the passenger's responsibility.
When the judgement becomes final, the judge shall order that the
items or assets referred to in the preceding articles be
distributed as follows:
-
(a) Twenty per cent to the Ministry of Health;
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(b) Twenty per cent to the National Drug Control Board;
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(c) Thirty per cent to the National Police;
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(ch) Thirty per cent to the Judiciary.
If a seizure or attachment order or any precautionary measure is
carried out and the items or assets acquired from legitimate
sources cannot be distinguished from those acquired from
illegitimate sources, the judge shall order that the measure be
enforced up to the assessed value of the amount relating to
offences coming under the present Law.
The measures and penalties referred to in the preceding articles
shall be applied without prejudice to the rights of bona fide third
parties, at the discretion of the judge.
For such purposes, due notification shall be given so that any
persons alleging a legitimate legal interest may appear in order to
assert their rights. If such interest is established, the return of
the items or assets concerned shall be ordered, provided that the
third party cannot be charged with involvement of any kind in
the commission of offences under this Law and provided also that
he demonstrates that the property was lawfully obtained.
For purposes of expert laboratory analysis and testing, samples
of seized controlled substances, precursors or chemicals shall be
taken in the quantity considered necessary, in accordance with the
provisions laid down to that end. The judge trying the case may
order the destruction of the remainder or surplus of the substances
and shall note the weight, quantity and quality in the case record
unless, in the opinion of the Ministry of Health, their use for
lawful therapeutic purposes is substantiated, in which case they
shall be handed over to the Ministry of Health.
The judge trying the case shall give instructions to the
authorities of the Ministry of Health for the destruction of the
substances, which shall be carried out in the presence of the judge
himself, of the police and the criminal prosecutor. In the case of
plantations, once the judicial inspection has been completed, the
administrative authority shall undertake their destruction by means
of an appropriate scientific or technical procedure, avoiding
damage to the ecological system.
In both cases, a judicial record shall be drawn up, in which the
destruction shall be noted.
Any donation made by an individual or corporate entity to the
National Narcotics, Psychotropic Substances and Other Controlled
Substances Board, or to any governmental or non-governmental
institution, as a contribution towards combating drug addiction,
shall be tax-deductible.
Persons held for trial or convicted in respect of any offence
who are users of narcotic drugs, psychotropic substances or
controlled substances shall undergo rehabilitation in the penal
establishment.
This Law shall supersede Title VI of Book II of the Penal Code
currently in force and amendments thereto, and any other statutory
provisions at variance therewith.
The present Law shall enter into force upon its publication by
any communication medium, without prejudice to publication in La
Gaceta, the official gazette of the country.
Done in the City of Managua, in the Meeting Hall of the National
Assembly, this twenty-seventh day of May, nineteen hundred
ninety-four.
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