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Chapter 15:02

Dangerous Drugs Act 

 

Acts 28/1955 (Federal), 25/1956 (Federal), 61/1971, 18/1989 (s. 26), 3/1995, 1/1996, 22/2001 (s. 4); 23/2004 (s. 282);R.G.N. 685/1963.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title.

PART II

COCALEAVES, INDIAN HEMP ANDRAW OPIUM

  1. Application of Part II 4. [Repealed].
  2. [Repealed].

PART III

PREPAREDOPIUM AND PREPARED INDIAN HEMP

  1. [Repealed].
  2. [Repealed].
  3. [Repealed].

PART IV

MEDICINAL OPIUM, COCAINE, MORPHINEAND OTHER DRUGS

  1. Application of this Part.
  2. Restriction on import and export of drugs to which this Part applies.
  3. Power to control manufacture, sale, etc., of drugs to which this Part applies.

PART V

CONTROL OF DANGEROUSDRUGS

  1. Interpretation in Part V.
  2. Specification of dangerous drugs.

14A Restriction on import and export of dangerous drugs.

14B Authority may restrict lawful possession, etc., of dangerous drugs in certain cases.

14C Regulations under Part V.

14D Powers of search, seizure and forfeiture.

14E  Forfeiture on conviction, and prohibition from driving and flying.

14F   Safe custody of forfeited dangerous drugs.

14G Destruction of forfeited dangerous drugs and articles.

14H Forfeiture on acquittal or withdrawal of charge.

14J   Forfeiture where no criminal proceedings are instituted.

PART VI

GENERAL

  1. Appointment of inspectors.
  2. Powers of inspection.
  3. [Repealed.]
  4. Persons upon whom powers of inspection, etc., are conferred to produce proof of identity.
  5. Offences and penalties.

19A. Offences involving juveniles.

  1. [Repealed.]
  2. [Repealed.].
  3. [Repealed.]
  4. [Repealed.]
  5. [Repealed.]
  6. [Repealed.]
  7. Power of arrest.
  8. Licences and authorities.

SCHEDULE: Scheduled drugs.

AN ACT to control the importation, exportation, production, possession, sale, distribution and use of dangerous drugs; and to provide for matters incidental thereto.

[Date of commencement: 15th April, 1956.]

PART I

PRELIMINARY

                       1    Short title

This Act may be cited as the Dangerous Drugs Act [Chapter 15:02].

                       2    Interpretation

(1) In this Act—

“corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of the government of a country outside Zimbabwe to be a law providing for the control and regulation in that country of the manufacture, sale, use, export and import of drugs in accordance with the Hague Convention, the Geneva Convention (No. 1) and the Geneva Convention (No. 2);

“Director-General” means the Director-General of the Medicines Control Authority of Zimbabwe appointed in terms of section 16 of the Medicines and Allied Substances Control Act [Chapter 15:03];

Definition inserted by s. 40 of Act 1/1996]

“Geneva Convention (No. 1)” means the International Opium Convention signed at Geneva on the 19th February, 1925;

“Geneva Convention (No. 2)” means the International Convention for limiting the manufacture, regulation and distribution of narcotic drugs signed at Geneva on the 13th July, 1931;

“Hague Convention” means the International Opium Convention signed at the Hague on the 3rd January, 1912;

“inspector” means an inspector appointed in terms of section fifteen;

“Minister” means the Minister of Health and Child Welfare or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“Registrar” …

[Definition repealed by s. 40 of Act 1/1996]

“Secretary” means the Secretary of the Ministry for which the Minister is responsible;

“specified police officer” means any member of the Police Force of or above the rank of sergeant.

  • In any certificate such as is referred to in the definition of “corresponding law” in subsection (1), a statement as to the effect of the law mentioned in such certificate or a statement in any such certificate that any facts constitute an offence against that law shall be conclusive.
  • Any word or expression to which a meaning has been assigned in Chapter VII (“Crimes Involving Dangerous Drugs”) of the Criminal Law Code shall have the same meaning when used in this Act.

[Subsection inserted by section 282 of act 23 of 2004.]

PART II

COCALEAVES, INDIAN HEMP ANDRAW OPIUM

                       3    Application of Part II

This Part applies to any dangerous drug referred to in paragraph (a) of the definition of “dangerous drug” in section 155 of the Criminal Law Code (that is, any coca bush, coca leaf, raw opium or cannabis plant “coca leaves” means the leaves of any plant of the genus of the erythroxylaceae from which cocaine can be extracted either directly or by chemical transformation.

[Section as substituted by section 282 of Act 23 of 2004.]

4    …..

[Section repealed by section 282 of Act 23 of 2004.]

                       5    …..

[Section repealed by section 282 of Act 23 of 2004.]

                       6    Regulations

(1) The Minister may by regulation—

  • prohibit, control or restrict the production, possession, sale, use or distribution of drugs to which this Part applies, and the cultivation of plants from which such drugs are derived;
  • prescribe measures to be taken for the eradication of plants, to which regulations made under paragraph (a) apply, found to be growing wild.

(2) Any person who contravenes any provision of regulations made in terms of subsection (1) shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.

[Subsection inserted by s. 4 of Act 22/2001.]

PART III 7 – 9 …..

[Part repealed by section 282 of Act 23 of 2004.]

PART IV

MEDICINAL OPIUM, COCAINE, MORPHINEAND OTHER DRUGS

10 Application of this Part
  • Save as is provided in Part V, the drugs to which this Part applies are the drugs specified in the Schedule.
  • …..

[Subsection repealed by section 282 of Act 23 of 2004.]

  • The Minister may, by statutory instrument, apply this Part, with such modifications as may be specified, to any of the following drugs—
  • methylmorphine (commonly known as codeine); and
  • ethylmorphine; and their respective salts.

(4) If it is made to appear to the Minister that a finding with respect to a preparation containing any of the drugs to which this Part applies has, in pursuance of article 8 of the Geneva Convention (No. 1), been communicated by the Economic and Social Council of the United Nations to the parties to the said Convention, the Minister may, by statutory instrument, declare that this Part shall, as from such date as may be specified in the notice, cease to apply to the preparation specified therein.

11 Restriction on import and export of drugs to which this Part applies

  • No person shall import into or export from Zimbabwe any drugs to which this Part applies, except under and in accordance with the terms of a licence issued by the Minister.
  • Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.

[Subsection inserted by s. 4 of Act 22/2001.]

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