Misuse of Drugs (Amendment) Act 1993

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No. 1 of 1993. Misuse of Drugs (Amendment) ANTIGUA
Act, 1993. AND

BARBUDA

L.S.

I Assent,

Wilfred Jacobs,
Governor-General.

17th February, 1993.

ANTIGUA AND BARBUDA

No. 1 of 1993

AN ACT to amend the Misuse of Drugs Act, 1973 (No. 21 of
1973).

ENACTED by the Parliament of Antigua and Barbuda as
follows -

1. This Act may be cited as the Misuse of Drugs (Amend- short title.
ment) Act, 1993.

2. The Misuse of Drugs Act, 1973 in this Act referred to as Amendment of
the principal Act is amended in section 2 by inserting the section2 Act 21
following at their appropriate places- of 1973.

"drug trafficking" means doing or being concerned in any
of the following, whether in Antigua and Raibuda or
elsewhere -

(a) producing or supplying a controlled drug where the
production or supply contravenes section 5 (I) or a
corresponding law;

(b) transporting or storing a controlled drug where
possession of the drug contravenes section 6 (1) or
a corresponding law;

ANTIGUA 2 Misuse of Drugs (Amendment) No. 1 of 1993.
AND Act, 1993.

BARBUDA

(c) importing or exporting a controlled drug where the
importation and exportation is prohibited by section
4 (1) or a corresponding law; and

(d) entering into or being otherwise concerned in an
arrangement whereby -

(i) the retention or control by or on behalf of
another of the proceeds of drug trafficking by
him is facilitated: or

(ii) the proceeds of drug trafficking by another are
used to secure that funds are placed at his
disposal or are used for his benefit to acquire
property by way of investment;

"drug trafficking offence" means any of the following -

(a) an offence under section 5 (2) or (3) or 6 (2) or (3);

(b) an offence under the customs law in connection with
a prohibition or a restriction on importation or
exportation having effect by virtue of section 4;

(c) an offence under section 19A;

(d) conspiracy to commit any of the offences in para-
graphs (a) to (c) above;

(e) an offence of attempting to commit any of those
offences;

0 an offence of kw another to commit any of
those offences in paragraphs (a) to (e); and

(g) aiding, abetting, counselling or procuring the com-
mission of those offences in paragraphs (a) to (e);".

Insertion of section 3. The principal Act is amended by inserting after section 19
19A and 19B. the following -

"Drug trafficking. 19A. Aperson who is guilty of the offence
of drug trafficking or of being in pssesslon af
a controlled drug fbr h e purpose of drug
trafficking ns hable

No. 1 of 1993. Misuse of Drugs (Amendment) 3 ANTIGUA
Act, 1993. AND

BARBUDA

(a ) on summary conviction -

(i) to a fine of two hundred and fifty
thousand dollars or where there is
evidence of a street value of the
controlled drug, three times the
street value of the controlled drug
whichever is the greater; and

(ii) to imprisonment for a term of ten
years but shall not be less than
five years; or

(b) upon conviction on indictment to im-
prisonment for life.

(2) A person who is guilty of the offence of
drug trafficking in a substance other than a
controlled drug, which he represents or holds
out to be a controlled drug is liable -

(a) upon summary conviction to a fine of
twenty-five thousand dollars and to
imprisonment for two years; or

(b) upon cor~viction on indictment to a fine
of fifty thousand dollars and to impris-
onment for two years.

(3) Subject to any regulation under section
9 for the time being in force a person found in
possession of a controlled drug in any school
premises is deemed to have the controlled
drug for the purposes of drug trafficking,
unless the contrary is proved, the burden of
proof being on the accused.

(4) In subsxtion (3) "school premises"
includes buildings, playing fields or other
premises established and maintained by a
school for the benefit of its pupils whether or
not such buildings, playing fields or other
premises ape within the curtilage of the school.

ANTIGUA 4 Misuse of Drugs (Amendment) No. 1 of 1993.
AND Act, 1993.

BARBUDA

Assisting another 19B. (1) If a person enters into or otherwise
retain the benefit concerned in an arrangement whereby -

of drug trafficking.

(a) the retention or control by or on behalf
of another (call him "A") of the pro-
ceeds of drug trafficking by "A" is
facilitated (whether by concealment,
removal from jurisdiction, transfer to
nominees or otherwise);

(b) theproceedsofdrug trafficking by "A"-

(i) are used to secure that funds are
placed at "A"s disposal; or

(ii) are used for "AWs benefit to ac-
quire property by way of invest-
ment;

knowing or suspecting or having reasonable
grounds to suspect that "A" is a person who
carries on or has carried on drug trafficking,
he is guilty of an offence.

(2) In this section, references to the pro-
ceeds of drug trafficking by any person in-
clude a reference to any property which di-
rectly or indirectly represented in his hands
the proceeds of drug trafficking by him.

(3) In proceedings against a person for an
offence under this section, it is a defence to
prove -

(a) that he did not know or suspect that the
arrangement related to the proceeds of
drug trafficking by "A"; or

(b) that he did not know or suspect that by
the arrangement the retention or control
by or on behalf of "A" ofthose proceeds
was facilitated or, as the case may be,
that by the arrangement those proceeds
were used as mentioned in subsection (1).

No. 1 of 1993. Misuse of Drugs (Amendment) 5 ANTIGUA
Act, 1993. AM)

BARBUDA

(4) A person guilty of an offence under this
section is liable -

(a) on summary conviction to a fmeof twenty-
five thousand dollars and to imprisonment
for two years; or

(b) on conviction and indictment to a fine of
fifty thousand dollars and to imprisoment
for fifteen years."

4. The Schedule to the principal Act is repealed and replaced Repeal and
by the following - replacement of

second schedule.

SECOND SCHEDULE (section 26)

Prosecution and Punishment of Offences

Punishment Section Model of
Creating General Nature of Offence Prosecution
Offences Class A drug Class B drug Class C drug ~~~~~~l m

involved involved involved

Section 5(2) Production or being concerned (a) Summary 3 years and 3 years and 3 years and
in the production of a controlled not less than not less than not less than
drug. $50,000 nor $50,000 nor $50,000 nor

e x c e e d i n g e x c e e d i n g exceed ing
$500,000 $500,000 $500,000

(b) On indictment 14 years and 14 years and 14 years and
fine of fine of fine of
$200,000 $200,000 $300,000

Section 5 (3) Supplying or offering to supply (a) Summary 3 years and 3 years and 2 years and
a controlled drug or being con - not less than not less than not less than
cerned in the doing of either $50,000 nor $50,000 nor $50,000 nor
activity by another. e x c e e d i n g e x c e e d i n g exceed ing

$500,000 $500,000 $500,000

On indictment 14 years and 14 years and 14 years and
fine of fine of fine of
$200,000 $200,000 $200,000

SECOND SCHEDULE (section 26) Z ?
Y

Prosecution and Punishment of Offences %
+
w

Section Model of Punishment W

Creating General Nature of Offence Prosecution
Offences Class A drug Class B drug Class C drug ~~~~~~l

involved involved involved
% 5.

Section 6(2) Having possession of a con- (a) Sumniary 2 years and 2 years and 2 years and
trolled drug. not less than not less than not less than

$5,000 nor $5,000 nor $5,000 nor
e x c e e d i n g e x c e e d i n g exceed ing
$200,000 $200,000 $200,000

(b) Onindictment 7 years and 7 years and 4 years and
not less than not less than not less than
$5,000 nor $5,000 nor $5,000 nor
e x c e e d i n g e x c e e d i n g exceed ing
$200,000 $200,000 $200,000.

Section6(3) Having possession of a con- (a) Summary 3 years and 3 years and 3 years and
trolled drug with intent to sup- not less than not less than not less than
ply it to another. $50,000 nor $50,000 nor $50,000 nor

e x c e e d i n g e x c e e d i n g exceed ing
$300,000 $300,000 $300,000

(b) On indictment 14 years and 14 years and 10 years and
a fine a fine a fine

SECOND SCHEDULE (section 26)

Prosecution and Punishment of Offences

Section Model of Punishment
Creating General Nature of Offence 00
Offences Prosecution Class A drug Class B drug Class C drug ~~~~~~l

involved involved involved

Section 8(2) Cultivation of Cannabis Plant (a) Summary

(b) On indictment

3 years and
% -.
c"

not less than B
$50,000 nor %

b b more than 3
$500,000 2%

G--
9J g

Section 10 Being the Owner, occupier or (a) Summary 3 years and 3 years and 3 years and 14 years and
concerned in the management not less than not less than not less than a fine
of premises and permitting or $50,000 nor $50,000 nor $50,000 nor

g
2

suffering certain activities to e x c e e d i n g e x c e e d i n g e x c e e d i n g 3, L
take place there. $500,000 $500,000 $500,000

(b) On indictment 14 years and 14 years and 10 years and Z
a fine. a fine. a fine. ?

c.'

Section 1 l(1) Offences relating to opium (a) Summary 3 years and
not less than % +
$50,000

w w
I-c'

SECOND SCHEDULE (section 26)

Prosecution and Punishment of Offences

Punishment a Section Model of ?J
Creating General Nature of Offence
Offences Rosecution class A drug class B drug lass c drug General

involved involved involved z

(b) On indictment

Section 12(1) Having possession of a con- (a) Sumrnary 5 years and
trolled drug in certain circum- not less than
stances with intent to sell or $50,000 nor
transfer it to another. e x c e e d i n g

$500,000

(b) 011 indictment 14 years and
a fine

Section 15(2) Contravention of directions re- (a) Summary
lating to safe custody of con-
trolled drugs.

(b) On indictment

rr :
ir,
E
h

14 years and a

a fine %
3 years and 3 years and $ g
not less than not less than $ 2
$50,000 nor $50,000 nor $5
exceed ing e x c e e d i n g
$500,000 $500,000 I 2

E
L

14 years and 10 years and
a fine a fine

\O
3 years and

3 years and a
fine.

SECOND SCHEDULE (section 26)

Prosecution and Punishment of Offences

Section Punishment Model of
Creating General Nature of Offence Prosecution +
Offences Class A drug Class B drug Class C drug General o

involved involved involved

Section 166) Contravention of direction pro- (a) Summary 3 years and 3 years and 3 years and
hibiting practitioner, etc. from not less than not less than not less than
prescribing, supplying, etc. con- $25,000 nor $25,000 nor $25,000 nor
trolled drugs. e x c e e d i n g e x c e e d i n g exceed ing

$300,000 $300,000 $300,000

(b) On indictment 14 years and 14 years and 10 years and
a fine of a fine of a fine of
$200,000 $200,000 $200,000

Sectiorl 17 (3) Contravention of direction pro- (a) Summary 3 years and 3 years and 3 years and
hibiting practitioner,etc. from not less than not less than not less than
prescribing, supplying, etc. con- $50,000 nor $50,000 nor $50,000 nor
trolled drugs. e x c e e d i n g e x c e e d i n g e x c e e d i n g

$300,000 $300,000 $300,000

SECOND SCHEDULE (section 26) 3
Prosecution and Punishment of Offences

Punishment Section Model of W
Creating General Nature of Offence Prosecution
Offences Class A drug Class B drug Class C drug General

involved involved involved
% -.
h

E
(b) On indictment

Section 18(3) Failure to comply with notice Summary
requiring information relating
to prescribing, supplying,etc,.
of drugs.

Section 18 (4) Giving false information in pur- (a) Summary
ported compliance with nolice
requiring information relating
to prescribing, supply, etc., of
drugs.

(b) On indictment

14 years aid 14 years and 10 years and K

a fine a fine a fine. B b b 9 2
$ 2

$20,000 $$
i;
3
Ch
3
CI. L

2 years and a
fine

fine
$300,00

SECOND SCHEDULE (section 26)

Prosecution and Punishment of Offences

Section Model of
Punishment

Creating General Nature of Offence
Offences Class A drug Class B drug Class C drug G~~~~~~

involved involved involved

Section 19(1) Contravention of regulations (a) Summary
(other than regulations relating
to addicts).

( B ) On indictment

Section l9(2) Contravention of terms of li- (a) Summary
cence or other authority.

(b) On indictment

Section l9(3) Giving false information in (a) Summary
purported compliance with ob-
ligation to give information
imposed under or by virtue of
regulations.

3 years and a
fine.

3 years and a
fine.

5 years and
$100,000

10 years and
a fine.

3 years and
$100,000

SECOND SCHEDULE (section 26)

Prosecution and Punishment of Offences

Section Punishment Model of
Creating General Nature of Offence Prosecution
Offences Class A drug Class B drug Class C drug General

involved involved involved

( B ) On indictment

Secllon 19(4) Giving false infcxmation, or pro- (a) Summary
ducing document, etc., contain-
ing false statement, etc., for
purposes of obtaining issue or
renewal of a licence or other
authority.

( 1 ) ) On indictment

Section 21(2) Assisting in or inducing com- (a) Sutnrnary
~nission outside rhe State of an
offence punishable under a cor-
responding law.

10 years and
a fine.

5 years and
$100,000

14 years and
a fine.

3 years and
S 100,000

SECOND SCHEDULE (section 26)

Prosecution and Punishment of Offences

Section Model of Punishment
Creating General Nature of Offence Prosecution

Class A drug Class B drug Class C drug - Offences P
involved involved involved

(h) On indictment

Secrion 24 (4) Obstructing exercise of powers (a) Summary
of search etc., failing to stop,
preventing the person in charge
from stopping, leaving a
stopped vehicle, etc., or con-
cealing books, drugs, etc.

( 6 ) On indictment

Section 29 (4) Re-entry or attempted re-entry (a) Summary
into the State of person on whom
a removal order has been ef-
fected.

(b) On indictment

14 years and % -.
a fine. 2

2
5 years and
$100,000

14 years and
a fine.

5 years and
$ 100,000

3 years and a
fine o f
$1 00,000"

No. 1 of 1993. Misuse of Drugs (Amendment) 15 ANTIGUA
Act, 1993. AND

BARBUDA

Passed the House of Representatives this Passed the Senate this 9th day
21st day of January, 1993. of February, 1993.

C.L. Murray,
Speaker.

B.T. Carrott,
President.

L.A. Dowe, L.A. Dowe,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by James Adolphus McKenzie Sebastian, Acting Government Printer

-By Authority, 1993.
8003 .93 [Price $6.101

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