CHAPTER 95
DANGEROUS DRUGS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
RAW OPIUM, COCA LEAVES, POPPY-STRAW, CANNABIS, ETC

   3.   Drugs to which Part II applies

   4.   Restriction of importation of drugs to which Part II applies

   5.   Restriction of exportation of drugs to which Part II applies

   6.   Power to control production, sale, etc., of drugs to which Part II applies

   7.   Penalization of permitting premises to be used for smoking cannabis, etc

   8.   Penalization of intentional cultivation of cannabis plant

PART III
PREPARED OPIUM

   9.   Prohibition of importation and exportation of prepared opium

   10.   Penalization of manufacture, sale, use, etc., of prepared opium

   11.   Meaning of “prepared opium”

PART IV
OTHER DRUGS AND INTERMEDIATE PRODUCTS OF SYTHESIS THEREOF

   12.   Restriction of importation and exportation of substances specified in Part I, but falling within Part II, of Schedule

   13.   Power to control manufacture, sale, etc., of substances specified in Part I of Schedule

   14.   Power of Minister to amend Schedule

PART V
GENERAL

   15.   Miscellaneous offences

   16.   Appointment of Inspectors

   17.   Powers of entry and inspection

   18.   Power of arrest

   19.   Penalties and forfeiture

   19A.   Penalty for trafficking

   20.   Attempts, etc., to commit offences

   21.   Offences by companies

   22.   Licenses and authorities

      SCHEDULE

AN ACT

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

[26th August, 1967]

Act 42 of 1967,

Act 19 of 1985,

Act 2 of 1989,

Act 13 of 1994.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Dangerous Drugs Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires––

“cannabis” (except where used in the expression “cannabis resin”) means the flowering or fruiting tops of any plant of the genus cannabis from which the resin has not been extracted, by whatever name they may be designated;

“cannabis resin” means the separated resin, whether crude or purified, obtained from any plant of the genus cannabis;

“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;

“the Commission” means the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations;

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

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

“the Geneva Convention (No. 2)” means the Convention signed at Geneva on the 13th July, 1931, being the Convention for the purpose of supplementing the Geneva Convention (No. 1) and the Hague Convention;

“the Hague Convention” means the International Opium Convention signed at the Hague on the 23rd January, 1912;

“Inspector” means a person appointed as an inspector under section 16;

“medicinal opium” means raw opium which has undergone the processes necessary to adapt it for medicinal use, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral substances;

“opium poppy” means the plant of the species Papaver somniferum L;

“the Organization” means the World Health Organization;

“poppy-straw” means all parts except the seeds of the opium poppy, after mowing;

“the Protocol” means the Protocol on Narcotic Drugs signed at Lake Success, New York, on the 11th December, 1946;

“raw opium” includes powdered or granulated opium, but does not include medicinal opium;

“the Single Convention” means the Single Convention on Narcotic Drugs signed at New York on the 30th March, 1961.

   (2) In any certificate referred to in the definition of “corresponding law” in sub-section (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.

   (3) The specification in paragraph 1 of the Schedule of a substance shall, if the existence of isomers of that substance is possible within the specific chemical designation thereof, be taken to comprehend the specification of any isomer of that substance whose existence is possible as aforesaid; and references in paragraphs 2, 3, 8, 13 and 14 of the Schedule to a substance for the time being specified in the said paragraph 1 shall be construed accordingly.

   (4) For the purposes of this Act, an article shall be deemed to be imported under license or exported under license if the importer or exporter, as the case may be, is the holder of a license issued under this Act authorising the importation or exportation, as the case may be, of the article and complies with the conditions, if any, of the license, but not otherwise.

PART II
RAW OPIUM, COCA LEAVES, POPPY-STRAW, CANNABIS, ETC

3.   Drugs to which Part II applies

The drugs to which this Part applies are raw opium, coca leaves, poppy-straw, cannabis, cannabis resin and all preparations of which cannabis resin forms the base.

4.   Restriction of importation of drugs to which Part II applies

It shall not be lawful for a person to import into Zambia a drug to which this Part applies except under a license granted by the Minister.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.