CHAPTER 96
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Application

PART II
DRUGS ENFORCEMENT COMMISSION

   4.   Continuation of Commission

   5.   Functions of Commission

PART III
OFFENCES AND PENALTIES

   6.   Trafficking in narcotic drugs or psychotropic substances prohibited

   7.   Prohibition on importing or exporting narcotic drugs or psychotropic substances

   8.   Prohibition on possession of narcotic drugs or psychotropic substances

   9.   Cultivation of plants for narcotic or psychotropic purposes

   10.   Use of narcotic drugs and psychotropic substances prohibited

   11.   Attempts, abetting, soliciting, etc., contravention of this Act

   12.   Conspiracy to commit drug offences, etc.

   13.   Unlawful manufacture of narcotic drugs or psychotropic substances

   14.   Inducing another to take narcotic drugs or psychotropic substances

   15.   Unlawful possession of instruments or utensils for administering narcotic drugs or psychotropic substances

   16.   Permitting premises to be used for unlawful use of narcotic drugs or psychotropic substances prohibited

   17.   Unlawful supply, etc., of narcotic drugs or psychotropic substances

   18.   Double doctoring

   19.   Impersonation of Commission's officers

   20.   Prohibition of unlawful use of property for narcotic drugs or psychotropic substances

   21.   Possession of property obtained through trafficking

   22.   Money laundering

PART IV
INVESTIGATION, ARREST AND SEIZURE

   23.   Power of arrest and detention

   24.   Power of entry, search and seizure

   25.   Search of person

   26.   Power to take photographs, measurements, fingerprints, handprints and footprints

   27.   Power to intercept communication

   28.   Power to use firearms

PART V
SEIZURE AND FORFEITURE OF PROPERTY

   29.   Failure or refusal to disclose information or produce anything

   30.   Obstruction of inspection or search

   31.   Seizure of property

   32.   Release of property seized

   33.   Forfeiture of property where no proceedings or claim

   34.   Forfeiture of property on conviction

   35.   Application to High Court

   36.   Forfeiture notice

   37.   Forfeiture of property where owner untraceable

   38.   Forfeiture of untraceable property, etc.

   39.   Property to be forfeited to State

   40.   Proceedings against deceased's estate

PART VI
GENERAL

   41.   Disorderly conduct at Drug Enforcement Commission premises

   42.   Assaulting drug enforcement officers and police officers

   43.   Restriction on bail

   44.   Sentence for previous offenders

   45.   Sentence for officers

   46.   Extradition

   47.   International legal assistance

   48.   Regulations

   49.   Repeal of Act No. 7 of 1989

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to continue the Drug Enforcement Commission; revise and consolidate the law relating to narcotic drugs and psychotropic substances; incorporate into Zambian law certain international Conventions governing illicit drugs and psychotropic substances; control the importation, exportation, production, possession, sale, distribution and use of narcotic drugs and psychotropic substances; provide for the seizure and forfeiture of property relating to, or connected with, unlawful activities involving narcotic drugs and psychotropic substances; repeal the Dangerous Drugs (Forfeiture of Property) Act, 1989; and provide for matters connected with or incidental to the foregoing.

[8th September, 1993]

Act 37 of 1993,

Act 13 of 1994.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Narcotic Drugs and Psychotropic Substances Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“bank” has the meaning assigned thereto in any written law governing the licensing of banks and includes a bank established by or under a written law;

“banker's books” includes ledgers, day books, cash books, accounts books and all other books and documents used in the ordinary course of the business of a bank;

“Commission” means the Drug Enforcement Commission continued under section 4;

“Commissioner” means the person appointed Commissioner under paragraph 1 of the First Schedule;

“conviction” includes a conviction by a court outside Zambia and any conviction where a conditional or unconditional discharge is ordered;

“corresponding foreign law” means the provision of any law which is similar in whole, or in part, or in substance, to Zambian law;

“Deputy Commissioner” means the person appointed Deputy Commissioner under paragraph 2 of the First Schedule;

“illegal property” means any property, whether within or outside Zambia which—

      (a)   is wholly or substantially derived or obtained from, or by means of, any prohibited activity carried out by any person;

      (b)   is the income, earnings or assets wholly or substantially derived or obtained from or by means of any property referred to in paragraph (a);

      (c)   is wholly or substantially derived or obtained from or by means of any property referred to in paragraph (a) or (b);

      (d)   is wholly or substantially traceable or attributable to any property referred to in paragraph (a), (b) or (c) or to any income, earnings or assets of any such property;

      (e)   is or was used to assist or facilitate any prohibited activity;

      (f)   is the subject-matter of an offence under this Act;

      (g)   due to any circumstances such as, but not limited to, its nature, value, location or place of discovery, or the time, manner or place of its acquisition, or the person from whom it was acquired; or

its proximity to other property referred to in the foregoing paragraphs, can be reasonably believed to be property falling within the scope of any of the foregoing paragraphs;

“manufacture” in relation to narcotic drugs or psychotropic substances includes all processes by which such drugs or substances may be obtained, refined, transformed or prepared;

“narcotic drug” means any substance in Part II of the Second Schedule;

“officer” means a person appointed under section 8 of this Act;

“property” means any movable or immovable property and legal documents evidencing title to, or interest in, such property;

“psychotropic substance” means any substance in Part II of the Second Schedule;

“public analyst” means a person appointed a public analyst under section 2 of the Food and Drugs Act;

“securities” means—

      (a)   shares, debentures, stocks or bonds issued or proposed to be issued by a Government;

      (b)   shares, debentures, stocks, bonds or notes issued or proposed to be issued by a body corporate;

      (c)   any right or option in respect of any such shares, debentures, stocks, bonds or notes; or

      (d)   any instruments recognised as securities under any written law;

“trafficking” means—

      (a)   being involved directly or indirectly in the unlawful buying or selling of narcotic drugs or psychotropic substances and includes the commission of an offence under this Act in circumstances suggesting that the offence was being committed in connection with buying or selling; or

      (b)   being found in possession of narcotic drugs or psychotropic substances in such amounts or quantities as the President may, by Statutory Instrument, declare to be trafficking for the purposes of this Act.

3.   Application

Except as otherwise provided in this Act, this Act shall apply notwithstanding any other written law to the contrary.

PART II
DRUGS ENFORCEMENT COMMISSION

4.   Continuation of Commission

   (1) The Drug Enforcement Commission established under the Dangerous Drugs (Forfeiture of Property) (Special Organisations) (Drug Enforcement Commission) Regulations, 1989, is hereby continued as if established under this Act.

   (2) The Commission shall be a department in the Ministry responsible for Home Affairs and shall be under the control and supervision of the Minister responsible for Home Affairs.

   (3) The provisions of the First Schedule shall apply to the Commission.

5.   Functions of Commission

The functions of the Commission shall be to—

      (a)   collect, collate and disseminate information on narcotic drugs and psychotropic substances;

      (b)   receive and investigate any complaint of alleged or suspected breach of this Act and, subject to the directives of the Director of Public Prosecutions, prosecute for offences under this Act;

      (c)   address and advise Government Ministries and departments, public bodies, companies, institutions, statutory bodies and corporations on ways and means of preventing prohibited activities relating to narcotic drugs and psychotropic substances and suggest measures, procedures or methods of work compatible with the proper performance of their duties which, in the opinion of the Commission, would reduce prohibited activities relating to narcotic drugs and psychotropic substances;

      (d)   disseminate information intended to educate the public on the evils and dangerous effects of abusing drugs or psychotropic substances and the effect of dealing in property acquired from drug trafficking; and

      (e)   enlist and foster public support against the abuse of drugs or psychotropic substances and, in this connection, liaise with similar authorities outside Zambia.

PART III
OFFENCES AND PENALTIES

6.   Trafficking in narcotic drugs or psychotropic substances prohibited

Any person who traffics in a narcotic drug or psychotropic substance shall be guilty of an offence and shall be liable upon conviction to imprisonment for a term not exceeding twenty-five years.

7.   Prohibition on importing or exporting narcotic drugs or psychotropic substances

Any person who, without lawful authority, imports or exports any narcotic drug or psychotropic substance listed in the Second Schedule shall be guilty of an offence and shall be liable upon conviction to imprisonment for a term not exceeding twenty years.

8.   Prohibition on possession of narcotic drugs and psychotropic substances

Any person who, without lawful authority, has in his possession or under his control any narcotic drug or psychotropic substance shall be guilty of an offence and shall be liable upon conviction to imprisonment for a term not exceeding fifteen years.

9.   Cultivation of plants for narcotic or psychotropic purposes

Any person who, without lawful authority, cultivates any plant which can be used or consumed as a narcotic drug or psychotropic substance, or from which a narcotic drug or psychotropic substance can be extracted, shall be guilty of an offence and shall be liable upon conviction to a fine of not less than five hundred penalty units or to imprisonment not exceeding ten years or to both:

Provided that no person shall be guilty of the offence under this section if the plant is cultivated for purposes of medicine or is not on a substantial and commercial scale.

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