THE NATIONAL DRUGS CONTROL ACT, 2008 - Sierra Leone

1 ACT ii Supplement to the Sierra Leone Gazette Vol. CXXXIX, No. 38. PART IV TREATMENT AND REHABILITATION OF OFFENDERS. dated 7th August, 2008 . 18. Treatment assessment panels. 19. Treatment orders. 20. Suspension of penalties. THE NATIONAL DRUGS CONTROL ACT, 2008 21. Discharge of penal provisions. 22. Revocation of suspension order. ARRANGEMENT OF SECTIONS 23. Offences in relation to treatment orders. Section PART I PRELIMINARY PART V ADMINISTRATION, COMPLIANCE AND ENFORCEMENT. 1. Interpretation. 24. Agency to serve as focal point. PART II ESTABLISHMENT OF THE NATIONAL drug LAW 25.

2 Agency staff to exercise police powers. ENFORCEMENT AGENCY 26. Appointment of inspectors. 27. Duty to account for DRUGS , controlled chemicals and equipment. 2. Establishment of the NATIONAL drug Law Enforcement Agency. 28. Exercise of powers by inspectors. 3. Functions of Agency. 29. Inspection of approved treatment centres. 4. Executive Director and other staff of Agency. 30. Inspectors to produce authority. 5. Advisory Council. 31. Obstruction of inspectors, etc. 6. Functions of Advisory Council. 32. Application for warrant. 33. Effect of warrant. 34.

3 Admissibility of evidence obtained under warrant. PART III drug ABUSE, drug TRAFFICKING AND RELATED OFFENCES 35. Undercover and controlled delivery operations. 36. Monitoring of mails. 7. Prohibition of manufacture, cultivation, importation and exportation of 37. Access to computer systems. DRUGS , etc. 38. Search warrants. 8. Prohibition of possession and use of DRUGS , etc. 39. Search or seizure without warrant in emergencies. 9. Prohibition of acquisition of property derived from drug offence. 40. Search of persons and clothing. 10. Prohibition of possession of equipment for manufacture of DRUGS , etc.

4 41. Search of internal body cavity. 11. Prohibition of laundering proceeds derived from drug offence. 42. Temporary detention of certain suspects. 12. Additional orders. 43. Power to destroy cannabis and other unlawful crops. 13. Grounds for aggravation. 44. Collection and processing of evidence at seizures. 14. Suspension of sentences. 45. Designation of analysts. 15. Attempts, conspiracy, aiding, abetting, etc. 46. Sampling and analysis of bulk seizures. 16. Assisting in commission of offence abroad. 47. Early disposal of seized DRUGS , etc. 17. Burden of proof.

5 48. Special enforcement powers. 49. Power to stop, board, divert and detain ship. 50. Power to search and obtain information. iii iv 51. Powers in respect of suspected offence. PART VII FUND FOR PREVENTION AND CONTROL OF drug ABUSE. 52. Assistance in the exercise of functions. 53. Evidence of authority. 85. Fund for prevention and CONTROL of drug abuse. 54. Factual presumptions relating to possession of DRUGS and analogues. 86. Administration of Fund. 55. Factual presumption of purpose. 56. Proof of street or market value of drug , etc. 57. Factual presumption relating to samples.

6 PART VIII MISCELLANEOUS. 58. Proof of continuity of possession of exhibits. 59. Admissibility of official records. 87. Power to delegate. 60. Proof of certificate or report of scientific analysis. 88. Offences by body of persons. 61. Proof that Sierra Leone is party to drug CONTROL Convention. 89. General penalty. 62. Proof of prohibited import or export of drug , etc, under foreign law. 90. Power to amend Schedules 63. Offence of interfering, etc. with evidence. 91. Regulations. 64. Tipping-off. 92. Repeal and savings. 65. Obstruction of authorised persons, etc.

7 93. Act to prevail. 66. Protection of authorised persons, etc. 67. Abuse of authority. 68. Protection of informers. FIRST SCHEDULE. 69. Duty to maintain secrecy. Prohibited DRUGS . PART VI MUTUAL ASSISTANCE IN INVESTIGATIONS AND. PROCEEDINGS RELATING TO drug OFFENCES SECOND SCHEDULE. High-Risk DRUGS . 70. Authority to make requests for legal assistance. 71. Limitation on compliance with requests. 72. Nature of requests. THIRD SCHEDULE. 73. Contents of requests from foreign States. Risk DRUGS . 74. Order for person in foreign State to deliver himself. 75.

8 Evidence obtained abroad. 76. Consensual transfer of persons in foreign State. FOURTH SCHEDULE. 77. Requests to Sierra Leone for evidence, etc. Toxic Chemical Inhalants. 78. Requests to Sierra Leone for search warrants. 79. Consensual transfer of persons in Sierra Leone . 80. Property tracking, etc. for foreign State. 81. Request for freezing or forfeiture of property. 82. Requests not to be invalidated. 83. Interfering with mutual assistance orders. 84. Sharing of proceeds. SIGNED this 5th day of August, 2008 . DR. ERNEST BAI KOROMA, President. No. 10 2008 .

9 LS. Sierra Leone The NATIONAL DRUGS CONTROL Act, 2008 . Short title. Being an Act to establish the NATIONAL drug Law Enforcement Agency; to provide for the CONTROL of and prevention of abuse of narcotic DRUGS ; to implement the provisions of International drug CONTROL Conventions, and to provide for other related matters. [ ] Date of com- mencement. ENACTED by the President and Members of Parliament in this present Parliament assembled. 2 No. 10 NATIONAL DRUGS CONTROL Act 2008 No. 10 NATIONAL DRUGS CONTROL Act 2008 3. PART I PRELIMINARY cannabis resin means the separated resin, whether crude or purified, obtained from the cannabis plant.

10 Interpretation. 1. (1) In this Act unless the context otherwise requires . coca bush means the plant of any of the species analogue means any substance not listed in any Erythroxylon;. Schedule to this Act, and whose chemical structure is substantially similar to any drug whose controlled chemical means such substance as the psychoactive effects are simulated by such Minister may prescribe as such;. substance;. controlled delivery means the investigative analyst means a person designated as such under technique of allowing an unlawful or suspect section 45.