Act No. 44 of 2000 - Trinidad and Tobago Parliament

1 Legal Supplement Part A to the Trinidad and Tobago Gazette , Vol. 39,No. 193, 5th October, 2000 Fifth Session Fifth Parliament Republic of Trinidadand TobagoREPUBLIC OF Trinidad AND TOBAGOAct No. 44 of 2000 [ ]ANACTto amend the Dangerous Drugs Act, 1991[Assented to 29th September, 2000 ]WHEREASit is enacted inter aliaby subsection (1) ofsection 13 of the Constitution that an Act to which thatsection applies may expressly declare that it shall haveeffect even though inconsistent with sections 4 and 5 ofthe Constitution and, if any such Act does so declare, itshall have effect accordingly:PreambleAnd whereas it is provided by subsection (2) of thesaid section 13 of the Constitution that an Act to whichthis section applies is one the Bill for which has beenpassed by both Houses of Parliament and at the finalvote thereon in each House has been supported by thevotes of not less than three-fifths of all the members ofthat House:And whereas it is necessary and expedient that theprovisions of this Act shall have effect even thoughinconsistent with sections 4 and 5 of the Constitution.

2 ENACTEDby the Parliament of Trinidad and Tobago Act may be cited as the Dangerous Drugs(Amendment) Act, Act has effect even though inconsistent withsections 4 and 5 of the this Act the Act means the Dangerous DrugsAct, 3 of the Act is amended (a)in subsection (1) (i) by inserting after the definition ofthe word dentist the following: Director of PublicProsecutions means theDirector of PublicProsecutions of Trinidadand Tobago or anyperson assigned by himfor the purpose of thisAct; ; (ii) by inserting after the definition ofthe word import the following: life means the natural lifeof a person; ; andShort titleEnactedAct inconsistent withConstitutionInterpretationSection 3 amended554No.

3 44 Dangerous Drugs (Amendment) 2000 (b)by inserting after subsection (2) thefollowing: (2A) For the purposes of this Actpossession of a thing shall includecontrol of a thing which is in thecustody of another.. 5(3) of the Act is repealed and thefollowing subsections substituted: (3) A person who cultivates, gathers orproduces any marijuana, except where he doesso under a licence granted under section 4 orwhere he is acting under the supervision of aperson having such a licence, commits anoffence and is liable (a)upon summary conviction to a fineof fifty thousand dollars and toimprisonment for ten years; or(b)upon conviction on indictment to afine of one hundred thousanddollars or where there is evidenceof the street value of themarijuana, ten times the streetvalue of the marijuana, whicheveris greater or to imprisonment fortwenty-five years to life.

4 (3A) A person who cultivates, gathers orproduces any opium poppy, or coca plant,except where he does so under a licencegranted under section 4 or where he is actingunder the supervision of a person having sucha licence, commits an offence and is liable uponconviction on indictment to a fine of twohundred thousand dollars or, where there isevidence of the street value of the dangerousdrug, fifteen times the street value of thedangerous drug, whichever is greater, and toimprisonment for a term of twenty-five years tolife..Section 5(3) repealedand replacedNo. 44 Dangerous Drugs (Amendment) (5), (6) and (7) of section 5 of the Actare repealed and the following subsections substituted: (5) Subject to subsection (7), a person whocommits the offence of trafficking in adangerous drug or of being in possession of adangerous drug for the purpose of trafficking isliable upon conviction on indictment to a fine ofone hundred thousand dollars or, where thereis evidence of the street value of the dangerousdrug, three times the street value of thedangerous drug, whichever is greater, and toimprisonment for a term of twenty-five years tolife.

5 (6) A person who commits the offence oftrafficking in a substance other than adangerous drug, which he represents or holdsout to be a dangerous drug is liable uponconviction on indictment to a fine of onehundred thousand dollars or, where there isevidence of the street value of the dangerousdrug, three times the street value of thedangerous drug, whichever is greater, and toimprisonment for a term of twenty-five years tolife.(7) A person other than a person referredto in subsection (2) found in possession of adangerous drug or a substance other than adangerous drug which he represents or holdsout to be a dangerous drug, on any schoolpremises or within five hundred metres thereofis deemed to have the dangerous drug orsubstance for the purpose of trafficking, unlessthe contrary is proved, the burden of proofbeing on the accused, and such person commitsan offence and is liable upon conviction onindictment to a fine of one hundred and fiftySections 5(5), (6)and (7) repealedand replaced556No.

6 44 Dangerous Drugs (Amendment)2000thousand dollars or, where there is evidence ofthe street value of the dangerous drug, threetimes the street value of the dangerous drug,whichever is greater, and to imprisonment fora term of thirty-five years to life. (7A) Notwithstanding subsections (3A),(5), (6) and (7), where a person is charged for adrug trafficking offence under this Act, theDirector of Public Prosecutions may, at thepreliminary enquiry, elect to proceed with thematter summarily and if the accused soconsents, the Court may adjourn the matter tobe dealt with accordingly.(7B) A person who pleads guilty to, or isfound guilty of an offence tried pursuant tosubsection (7A) is liable to a fine of twenty-fivethousand dollars and to imprisonment for fiveyears.

7 5(9) of the Act is repealed and thefollowing subsection substituted: (9) A person, other than a person referred toin subsection (2) found in possession of morethan (a)twenty grams of diacetylmorphine(heroin);(b)ten grams of cocaine;(c)five hundred grams of opium;(d)thirty grams of morphine; or(e)one kilogram of cannabis orcannabis resin,is deemed to have the dangerous drug for thepurpose of trafficking unless the contrary isproved, the burden of proof being on theaccused..Section 5(9) repealedand replacedNo. 44 Dangerous Drugs (Amendment) 6 Aof the Act is repealed and the followingsection substituted: 6A. A person who (a)manufactures or is in possession of asubstance referred to in the FourthSchedule; or(b)transports such a substance orsupplies it to another person,knowing or having reasonable grounds tosuspect that the substance is to be used in orfor the unlawful production of a dangerousdrug commits an offence and is liable uponconviction on indictment to a fine of onehundred thousand dollars or, where there isevidence of the street value of the dangerousdrug, three times the street value of thedangerous drug, whichever is greater, and toimprisonment for a term which shall not beless than twenty-five years.

8 10 of the Act is repealed and the followingsection substituted:10. A person who contravenes section 7,8 or 9 commits an offence and is liableupon conviction on indictment to a fine ofone hundred thousand dollars or, wherethere is evidence of the street value of thedangerous drug, three times the streetvalue of the dangerous drug, whichever isgreater, and to imprisonment for a termwhich shall not be less than twenty-fiveyears.. 11(3) of the Act is repealed and thefollowing subsection substituted: (3) A person who commits an offence underthis section is liable upon conviction onindictment to a fine of one hundred thousandSection 10 repealedand replacedSection 6 Arepealedand replacedFourth Schedule Contraven-tion of section 7, 8 or9 offenceand penaltySection 11(3)repealed andreplaced558No.

9 44 Dangerous Drugs (Amendment)2000dollars or, where there is evidence of the streetvalue of the dangerous drug, three times thestreet value of the dangerous drug, whicheveris greater, and to imprisonment for a termwhich shall not be less than twenty-fiveyears.. (1) of section 17 of the Act isrepealed and the following subsection substituted: (1) Except as otherwise specificallyprovided, a person who knowingly encloses adangerous drug in or with any letter, packet orother matter sent by post or courier, commitsan offence and is liable upon conviction onindictment to a fine of one hundred thousanddollars or, where there is evidence of the streetvalue of the dangerous drug, three times thestreet value of the dangerous drug, whicheveris greater, and to imprisonment for a termwhich shall not be less than twenty-fiveyears.

10 18 of the Act is repealed and thefollowing section substituted:18. Where a person is convicted underthis Act, other than for an offence undersection 14, and the conviction adjudgesimprisonment and the payment of a fine,the sentence shall direct that in defaultof payment of the fine, the person soconvicted shall, notwithstanding any otherlaw, be imprisoned (a)for a period of nine months wherethe fine does not exceed fivethousand dollars;(b)for a period of three years, wherethe fine exceeds five thousanddollars but does not exceedtwenty-five thousand dollars; orSection 17(1)repealed andreplacedSection 18 repealedand replaced Liability forimprisonmentfor non-payment offineNo.