DANGEROUS DRUGS ACT - OAS

1 1/LAWS OF TRINIDAD AND TOBAGOAct38 of 1991 Amended by27 of 1994173/199544 of 2000*55 of 2000*See Note on page Authorised PagesPagesAuthorised(inclusive)by DRUGS ACTCHAPTER 11:25 LAWS OF TRINIDAD AND TOBAGO2Ch. 11:25 DANGEROUS DrugsIndex of Subsidiary LegislationPageDangerous DRUGS (Appointment of Inspectors) Order (LN 143/2001)..89 DANGEROUS DRUGS (Designated Country) Order (LN 65/1997) ..90 DANGEROUS DRUGS (Seizure and Detention Prescribed Sum)Order (LN 175/1997)..91 DANGEROUS DRUGS (Registration of External Confiscation and ExternalForfeiture Orders) Order (LN 235/1999)..92 Note on Section 60 of ActSection 60 of the Act provides as follows:60. (1) The following written laws are repealed:(a)the Narcotic Control Ordinance; and(b)the Narcotic DRUGS and Psychotropic Substances Control Act, 1985.(2) Notwithstanding the repeal of the Ordinance and the Act referred to in subsection (1)anything done or any action taken under the Ordinance or the Act, shall be deemed to havebeen done or taken under the corresponding provisions of this Subsidiary Legislation saved in respect of the above repealed DRUGS Ordinance (Ch.)

2 12 No. 6) (1950 Revised Edition) (Repealed by Ord. No. 27 of 1961)(a)Raw Opium and Ganja Regulations (1950 Rev. Ed.) Vol. 8 at page 521;(b) DANGEROUS DRUGS Regulations (1950 Rev. Ed.) Vol 8 at page 515;(c)Power of Inspection Order 1963 (LN 104/1963). Control Ordinance 1961 (Ord. No. 27 of 1961) (Repealed by Act No. 38 of 1991)(a)Narcotic Control (Distribution and Licensing) Regulations 1964 (LN 129of 1964);(b)Narcotic Control (General Provisions) Regulations 1964 (LN 131 of 1964).Note on Act No. 55 of 2000 Section 61 of the Proceeds of Crime Act 2000 (Act No. 55 of 2000) provides as follows: 30 to 53 of the DANGEROUS DRUGS Act are repealed, save that any proceedingsin respect of a drug trafficking offence which had commenced before the proclamation of thisAct shall proceed as if sections 30 to 53 of the DANGEROUS DRUGS Act continue to have effect.

3 ActNo. 55 of 2000 was proclaimed on the 6th November 2000 by LN 269 , any proceedings in respect of a drug trafficking offence which had commencedbefore the 6th November 2000 will continue to have effect as if sections 30 to 53 of theDangerous DRUGS Act were not See APPENDIX at the end of this Act for the repealed sections 30 to 53 of theDangerous DRUGS OF TRINIDAD AND TOBAGOD angerous DrugsCh. 11:253 chapter 11:25 DANGEROUS DRUGS ACTARRANGEMENT OF SECTIONSSECTIONPART IPRELIMINARY1. Short Act inconsistent with RT I IPOSSESSION OF AND TRAFFICKINGIN DANGEROUS DRUGS4. Minister may issue Possession of and trafficking in DANGEROUS Court may order admission to psychiatric RT IIAOFFENCES RELATING TO PRECURSOR CHEMICALS6A. Offence. 6B. Order. 6C. Regulations.

4 6D. IIISUPPLY OF DANGEROUS DRUGSBY PHARMACISTS UNDER LICENCE ANDAPPOINTMENT OF INSPECTORS AND ANALYSTS7. Licensed person not to supply DANGEROUS Pharmacist not to supply DANGEROUS Delivery of DANGEROUS DRUGS to Contravention of section 7, 8 or 9 offence and OF TRINIDAD AND TOBAGO4Ch. 11:25 DANGEROUS DrugsARRANGEMENT OF SECTIONS for physician to prescribe, give or sell drug except formedicinal Neglect or refusal to keep Supply of DANGEROUS DRUGS by two or more medical Possession of certain devices and Unlawful use of Enclosing DRUGS in a letter, Liability for imprisonment for non-payment of Onus of proof on charge of offence under section Burden of proof on pleas of medicinal purposes or medical Occupier, etc., deemed to be in possession when DANGEROUS drugsfound on Certificate of analyst and evidence and facts stated in Search and Forfeiture of seized RT I VSUMMARY CONVICTIONS25.

5 Punishment of person summarily convicted of indictable Penalty for Accessories, etc., liable to same penalty as principal Committal to the High Court for Offence by body RT IVABURDEN OF PROOF AND PRESUMPTIONS29A. Burden of OF TRINIDAD AND TOBAGOD angerous DrugsCh. 11:255 PART VCONFISCATION OF PROCEEDS OFDRUG TRAFFICKING30 35D (Repealed by Act No. 55 of 2000).PA RT VIRESTRAINT ORDERS36-47 (Repealed by Act No. 55 of 2000).PART VIIINVESTIGATIONS INTO drug TRAFFICKING48-52 (Repealed by Act No. 55 of 2000).PART VIIIFORFEITURE ORDERS53 (Repealed by Act No. 55 of 2000).PART VIIIAOFFENCES ON THE HIGH SEAS53A. Offences on Trinidad and Tobago Ships used for illicit Enforcement Jurisdiction and Offences and IXMISCELLANEOUS54. Protection of Destruction of drug Notice or order not to be invalid for error in Power of police officer under other written OF TRINIDAD AND TOBAGO6Ch.

6 11:25 DANGEROUS Drugs56A. Lesser penalty for younger Penalties under Additions to First and Second Annual Joint Parliamentary Repeal and savings Section 68 of the Interpretation Act, Ch. 3:01 not (Containing sections 30 to 53 of the Act which wereRepealed by Act No. 55 of 2000).FIRST OF SECTIONS OF TRINIDAD AND TOBAGOD angerous DrugsCh. 11:257 chapter 11:25 DANGEROUS DRUGS ACTAn Act to provide for the control of narcotic DRUGS andpsychotropic substances and to make provision for theconfiscation of the proceeds of drug trafficking and otherprovisions in connection with drug trafficking and mattersconnected therewith.[7TH NOVEMBER 1991]WHEREAS it is enacted by section 13(1) of the Constitution thatan Act of Parliament to which that section applies may expresslydeclare that it shall have effect even though inconsistent withsections 4 and 5 of the Constitution, and if any Act does so declareit shall have effect accordingly:AND WHEREAS it is provided in subsection (2) of the saidsection 13, that an Act of Parliament to which that section appliesis one the Bill for which has been passed by both Houses ofParliament and at the final vote thereon in each House has beensupported by the votes of not less than three-fifths of all themembers of that House:AND WHEREAS it is necessary and expedient that this Actshall have effect even though inconsistent with sections 4 and 5 ofthe Constitution.

7 PA RT Act may be cited as the DANGEROUS DRUGS Act has effect even though inconsistent withsections 4 and 5 of the (1) In this Act analyst means a person designated as an analyst undersection 22(2);38 of [44 of 2000].LAWS OF TRINIDAD AND TOBAGO8Ch. 11:25 DANGEROUS DRUGS bank means a bank licensed under the Banking Act, or aninstitution carrying on the business of banking under awritten law; business means an activity carried on for the purpose of gainor profit and includes all property derived from or used inor for the purpose of carrying on such activity, and all rightsand liabilities arising from such activity; coca plant means a plant of the genus Erythroxylon from whichcocaine can be extracted; DANGEROUS DRUGS means a narcotic drug listed in the FirstSchedule or a thing that contains such a drug or apsychotropic substance listed in the Second Schedule or athing that contains such a substance; dentist means a person registered as such under the DentalProfession Act.

8 Director of Public Prosecutions means the Director of PublicProsecutions of Trinidad and Tobago or any person assignedby him for the purpose of this Act; document includes (a)a letter, figure, mark, inscription, writing, sign,caricature, picture, drawing or representation inany form; and(b)a visual recording, whether of still or movingimages, or sound recording, on any substance,material, thing or article; drug traffic , drug trafficking or trafficking means theimportation, exportation, manufacture, sale, giving,administering, transportation, delivery or distribution by anyperson of a DANGEROUS drug or any substance represented orheld out by such person to be a DANGEROUS drug or the makingof any offer in respect thereof, whether in the Territory orelsewhere, and includes an arrangement whereby (a)the retention or control by or on behalf of anotherperson of the other person s proceeds of drugtrafficking is facilitated, orCh.

9 79 29 OF TRINIDAD AND TOBAGOD angerous DrugsCh. 11:259(b)the proceeds of drug trafficking by another personare used to ensure that funds are placed at theother person s disposal or are used for the otherperson s benefit to acquire property;but does not include (c)the importation or exportation of a DANGEROUS drugby or on behalf of any person who has a licencetherefore under section 4, or(d)the manufacture, processing, packaging, sale,giving, administering, transportation, delivery ordistribution of a DANGEROUS drug or the making ofany offer in respect thereof by or on behalf of aperson who has a licence therefore under section5 or by or on behalf of a medical practitioner,dentist, veterinary surgeon or pharmacist for amedicinal purpose; drug trafficking offence means any of the following:(a)an offence under section 5(4) and (7) andsection 47.

10 (b)an offence of conspiracy to commit any of theoffences referred to in paragraph (a);(c)an offence of attempting, inciting, aiding,abetting, counselling or procuring thecommission of any of the offences referred to inparagraph (a) or (b); export means the taking or conveying, or causing to be takenor conveyed, out of the Territory; holder in relation to any property, includes, a person who (a)is the owner of,(b)is in possession of,(c)is in occupation of,(d)has custody or control of, and(e)has any other right, interest, title, claim, power,duty or obligation,in relation to that property;LAWS OF TRINIDAD AND TOBAGO10Ch. 11:25 DANGEROUS DrugsCh. 29 29:52. import means the bringing or conveying, or causing to bebrought or conveyed, into the Territory; life means the natural life of a person; medical practitioner means a person registered under theMedical Board Act; Minister means the Minister to whom responsibility for theadministration of health is assigned; opium includes raw opium, powdered opium and opium whollyor partially prepared for any use or purpose whatever itscontent of morphine may be; pharmacist means a person registered as such under thePharmacy Board Act; plant includes a living plant or any part thereof and any organ,tissue, cell or portion of the genetic material thereof.