Misuse of Drugs (CAP. 283 1
CHAPTER 283
THE MISUSE OF DRUGS ACT
Arrangement of Sections
Section
1. Short title.
2 . Interpretation.
PART I
CONTROLLED DRUGS AND THEIR
CLASSIFICATION
3. Controlled drugs and their classification.
PART I1
RESTRICTIONS RELATING TO CONTROLLED
DRUGS, ETC.
4. Restriction of importation and exportation of controlled
drugs.
5. Restriction of production and supply of controlled drugs.
6. Restriction of possession of controlled drugs.
7. Report of loss or theft of a controlled drug.
8. Restriction of cultivation of plant of the genus cannabis.
9. Authorisation of activities otherwise unlawful under
foregoing provisions.
PART I11
MISCELLANEOUS OFFENCES INVOLVING
CONTROLLED DRUGS, ETC.
1 0 . Occupiers, etc. of premises to be punishable for
permitting certain activities to take place there.
1 1 . Prohibition of certain activities, etc. relating to opium.
12. Special offence as to possession of controlled drugs in
certain circumstances.
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2 CAP. 283) Misuse of Drugs
Section
PART IV
POWER TO PREVENT MISUSE OF
CONTROLLED DRUGS
13. Power to make regulations for preventing misuse of con-
trolled drugs.
14. Power to direct special precautions for safe custody of
controlled drugs to be taken at certain premises.
15. Directions prohibiting prescribing, supply, etc. of
controlled drugs by practitioners, etc. convicted of
certain offences.
16. Directions prohibiting prescribing, supply, etc. of
controlled drugs by practitioners in other cases.
17. Power to obtain information from doctors, chemists and
druggists, etc. in certain circumstances.
PART V
MISCELLANEOUS OFFENCES AND POWERS
18. Miscellaneous offences.
19. Attempts, etc. to commit offences.
20. Offences relating to the doing of things outside Antigua
and Barbuda.
2 1. Offences by corporations.
22. Further powers to make regulations.
PART VI
LAW ENFORCEMENT AND PUNISHMENT
OF OFFENCES
23. Powers to search and obtain evidence.
24. Power of arrest.
25. Prosecution and punishment of offences.
26. Penalties for offences under section 4.
27. Forfeiture.
28. Removal orders.
PART VII
MISCELLANEOUS AND SUPPLEMENTARY
PROVISIONS 7
29. Appointment of analysts.
30. Certificate of analyst admissible in evidence.
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Misuse of Drugs (CAP. 283 3
Section
31. Proof of lack of knowledge, etc. to be a defence in
proceedings for certain offences.
32. Service of documents.
33. Licences and authorities.
34. General provisions as to regulations.
35 . Research.
36. Financial provisions.
37. Meaning of "corresponding law".
38. Savings, transitional provisions.
FIRST SCHEDULE
Controlled drugs.
SECOND SCHEDULE
Prosecution and punishment of offences.
THIRD SCHEDULE
Savings and transitional provisions.
MISUSE OF DRUGS
(24th January, 1974.) 2111973.
511975.
1011979.
911982.
1111987.
1811989.
1. This Act may be cited as the Misuse of Drugs Act. Short title,
2. (1) In this Act, except where the context other- Interpretation.
wise requires-
"analyst" means any person appointed as such by the
Minister under section 29 for the purposes of the
Act;
"cannabis" (except in the expression "cannabis resin")
includes any part or portion of the plant known
as cannabis sativa, and in whatever form, its
preparations, resin, derivatives and similar synthetic
preparations;
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4 CAP. 283) Misuse of Drugs
6' cannabis resin" means the separated resin, whether
crude or purified, obtained from any plant of the
genus Cannabis;
Cap. 269. "chemist and druggist" means a person registered as
a chemist and druggist under the Medical Act;
"controlled drug7' has the meaning assigned thereto by
section 3;
"dentist" means a person registered as a dentist under
the Medical Act;
"doctor" means a person registered as a medical
practitioner under the Medical Act;
"Minister" means the Minister responsible for the
Police;
' 6 non-citizen" means a person who is not a citizen of
Antigua and Barbuda;
' 6 practitioner" (except in the expression "veterinary
practitioner") means a doctor, a dentist or a t 5
veterinary practitioner;
' 6 prepared opium" means opium prepared for smoking
and includes dross and any other residues
remaining after opium has been smoked;
"prescribed" means prescribed by regulation;
"produce", where the reference is to producing a
controlled drug , means producing it by
manufacture, cultivation or any other method, and
"production" has a corresponding meaning;
6 ' supplying" includes distributing; and
" veterinary practitioner" means any person in Antigua
and Barbuda holding a qualification entitling him
to practise as a veterinary surgeon in any part of
the Commonwealth or the United States of America
or any person who within Antigua and Barbuda
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Misuse of Drugs (CAP. 283 5
is engaged in the practice and profession of
veterinary surgery.
(2) References in this Act to misusing a drug are
references to misusing it by taking it; and a reference to the
taking of a drug is a reference to the taking of it by a human
being by way of any form of self-administration, whether
involving assistance by another or not.
(3) For the purposes of this Act the things which a
person has in his possession shall be taken to include anything
subject to his controI which is in the custody of another.
(4) Where one of two or more persons, with the
knowledge and consent of the other persons, has anything
in his custody or possession it shall be deemed to be in the
possession of each and all of them.
PART I
CONTROLLED DRUGS AND THEIR
CLASSIFICATION
3. (1) In this Act- Controlled drugs
and their
(a) the expression "controlIed drug" means any claSSificatiOn~
substance or product specified in Part I, I1 or I11 of
the First Schedule; and
(b) the expressions "Class A drug", "Class B
drug" and "CIass C drug" mean any of the substances
and products for the time being specified respectively
in Parts I, I1 and I11 of such Schedule,
and the provisions of Part IV of that Schedule shall have
effect with respect to the meanings of expressions used in
that Schedule.
(2) The Minister may by Order make such amendments
to the First Schedule or any part thereof as may be necessary.
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6 CAP. 283) Misuse of Drugs
PART I1
RESTRICTIONS RELATING T O
CONTROLLED DRUGS, ETC.
Restriction of
importation and
4. (1) Subject to subsection ( 2 ) , the importation and
exportation of exportation of controlled drugs are hereby prohibited.
controlled drugs.
( 2 ) Subsection ( 1 ) shall not apply-
(a) to the importation or exportation of a controlled
drug which is exempted from the provisions of sub-
section ( 1 ) by regulations made under section 9; or
(b) to the importation or exportation of a controlled
drug under and in accordance with the terms of a licence
issued by the Minister and in compliance with any
conditions attached thereto.
(3) Any person who imports or exports controlled drugs
contrary to subsection ( 1 ) shall be guilty of an offence and
liable on conviction therefor to the penalties laid down in
section 26 of this Act.
Restriction of
production and
5. ( 1 ) Subject to any regulations under section 9, it
supply of shall not be lawful for a person-
controlled drugs.
(a) to produce a controlled drug; or
(b ) to supply or offer to supply a controlled drug
to another.
( 2 ) Subject to section 31, it shall be an offence for any
person-
(a) to produce a controlled drug in contravention
of subsection (1 ) ; or
(b) to be concerned in the production of such a drug
in contravention of that subsection by another.
( 3 ) Subject to section 31, it shall be an offence for any
person,-
(a) to supply or offer to supply a controlled drug
to another in contravention of subsection (1);
(b) to be concerned in the supplying of such a drug
to another in contravention of subsection (1 ) ; or
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Misuse of Drup (CAP. 283 7
(c) to be concerned in the making to another, in
contravention of subsection ( I ) , of an offer to supply
such a drug.
6. (1) Subject to section 9 , it shall not be lawful for F:;iz;ifi$
a person to have a controlled drug in his possession. ,,,trolled drugs.
(2) Subject to subsection (4) and section 3 1, it shall be
an offence for any person to have a controlled drug in his
possession in contravention of subsection (1).
(3) Subject to section 3 1, it shall be an offence for any
person to have a controlled drug in his possession whether
lawfully or not, with intent to supply it to another in
contravention of section 5(1).
(4) In any proceedings for an offence under subsection
(2) in which it is proved that the person charged had a
controlled drug in his possession, it shall be a defence for
him to prove-
(a) that, knowing or suspecting it to be a controlled
drug, he took possession of it for the purpose of
preventing another from committing or continuing to
commit an offence in connection with that drug and
that, as soon as possible after taking possession of it,
he took all such steps as were reasonably open to him
to destroy the drug or to deliver it into the custody of
a police officer; or
(6) that knowing or suspecting it to be a controlled
drug, he took possession of it for the purpose of
delivering it into the custody of a police officer and that,
as soon as possible after taking possession of it, he took
all such steps as were reasonably open to him to deliver
it into the custody of such police officer.
(5) Subsection (4) shall apply in the case of proceedings
for an offence under section 19(1) as it applies in the case
of proceedings for an offence under subsection (2), subject
to the following modifications, that is to say-
(a) for the references to the person charged having
in his possession and to his taking possession of a
controlled drug there shall be substituted respectively
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8 CAP. 283) Misuse of Drugs
references to his attempting to get and to his attempting
to take possession of such a drug; and
(b) in paragraphs (a) and (6) the words from "and
that, as soon as possible" onwards shall be omitted.
(6) Nothing in subsection (4) or (5) shall prejudice any
other defence which it is open to a person charged under
this section to raise.
Report of loss or
theft of a
7. ( 1 ) Any person who has a controlled drug lawfully
controlled drug. in his possession who discovers the loss or theft of such
controlled drug shall, as soon as possible, and in any event
not later than twenty four hours after such discovery report
the loss or theft at the nearest police station.
(2) Any person who fails to comply with subsection ( 1 )
shall be guilty of an offence.
Restriction of
cultivation of
8. (1) Subject to section 9, it shall not be lawful for
plant of the a person to cultivate any plant of the genus Cannabis.
genus cannabis.
(2) Subject to section 31, it is an offence to cultivate
any such plant in contravention of subsection (1 ) .
(3) Subject to section 9, where any plant of the genus
Cannabis is found growing on any property, the owner, lessee,
tenant or other person having actual control of the property
shall be deemed guilty of an offence unless he proves, the
onus of which proof rests on him, that he-
(a) neither
(i) knew or suspected; nor
(ii) had reason to know or suspect that such plant
was growing on the property; and
(6) had taken all reasonable precautions to prevent
the cultivation or growth of such plant on the property.
Authorisation of
activities 9. ( 1 ) The Minister may by regulation-
otherwise
unlawful under (a) exempt from section 4(1), 5(1) or 6(1) such
foregpjng controlled drugs as he may specify; and
provlslons.
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Misuse of Drugs (CAP. 283 9
(6) make such other provision as he thinks fit for
the purpose of making it lawful for a person to do
anything which would otherwise be unlawful under
sections 5(1), 6(1) and 8(1).
(2) Without derogating from the generality of sub-
section ( l ) ( b ) , regulations made thereunder may provide for
the doing of anything-
(a) if it is done under and in accordance with the
terms of a licence or other authority issued by the
Minister and in compliance with any conditions attached
thereto; or
(b) if it is done in compliance with such conditions
as may be prescribed.
(3) Subject to subsection (4), the Minister shall exercise
his power to make regulations under subsection (1) so as
to secure-
(a) that it is lawful under section 5(1) for a practi-
tioner, acting in his capacity as such, to prescribe,
administer, manufacture, compound or supply a con-
trolled drug, or for a chemist and druggist or person
lawfully conducting a retail chemist and druggist
business, acting in either case in his capacity as such,
to manufacture, compound or supply a controlled drug;
and
( b ) that it is lawful under section 6(1) for a practi-
tioner, chemist and druggist or a person lawfully con-
ducting a retail chemist and druggist business to have
a controlled drug in his possession for the purpose of
such profession or trade.
(4) If, in the case of any controlled drug, the Minister
is of the opinion that it is in the public interest-
(a) for production, supply and possession of that
drug to be either wholly unlawful or unlawful except
for purposes of research or other special purposes; or
(b ) for it to be unlawful for practitioners, chemists
and druggists and persons lawfully conducting retail
chemist and druggist businesses to do in relation to that
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10 CAP. 283) Misuse of Drugs
drug any of the things mentioned in subsection (3) except
under a licence or other authority issued by the Minister,
he may by Order designate that drug as a drug to which
this subsection applies; and while there is in force such an
Order, subsection ( 3 ) shall not apply as regards that drug.
( 5 ) References in this section to a person "doing" things
include references to his having things in his possession.
PART I11
MISCELLANEOUS OFFENCES INVOLVING
CONTROLLED DRUGS, ETC.
Occupiers, etc. of
premises to be
10. A person shall be guilty of an offence if, being
punishable for the owner, occupier or concerned in the management of any
permitting premises, he knowingly permits or suffers any of the following
certain activities
to take place activities to take place on those premises, that is to say-
there.
(a) producing or attempting to produce a controlled
drug in contravention of section 5(1);
(b) supplying or attempting to supply a controlled
drug to another in contravention of section 5(1) , or
offering to supply a controlled drug to another in
contravention of section 5(1);
(c) preparing opium for smoking; or
(d) smoking cannabis, cannabis resin or prepared
opium.
Prohibition of
certain activities
1 . ( 1 ) Subject to section 3 1 and to sections 6(4) and
etc. relating. to ( 5 ) as applied by subsection ( 2 ) post, it shall be an offence
opium. for any person-
(a) to smoke or otherwise use prepared opium;
(6) to frequent a place used for the purpose of
opium smoking; or
(c) to have in his possession any pipes or other
utensils for use in connection with the smoking of opium
or any utensils used in connection with the preparation
of opium for smoking.
( 2 ) Sections 6(4) and ( 5 ) shall apply in relation to an
offence under subsection ( l ) ( c ) as they apply in relation to
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Misuse of Drugs (CAP. 283 11
an offence under section 6 ( 2 ) , subject to the modification
that for any reference to a controlled drug there is substituted
a reference to a pipe or other utensil such as is mentioned
in subsection ( l ) ( c ) .
( 3 ) Nothing in section 6(4) or (5) as applied by subsec-
tion (2) shall prejudice any other defence which it is open
to a person charged under this section to raise.
12. ( 1 ) Without prejudice to any liability for the sr;:zf:,;
commission of an offence under this Act or any other law, controlled drugs
a person shall be guilty of an offence who has in his possession in certain
circumstances.
or under his control any controlled drug with intent to sell
or transfer such controlled drug to any other person in
contravention of this Act or for the purpose of the commission
of any other crime.
(2) For the purposes of subsection (1) where any
controlled drug is found in any ship, vessel, aircraft, vehicle
or other means of conveyance within Antigua and Barbuda,
or the territorial sea thereof-
(a) the ship, vessel, aircraft, vehicle or other means
of conveyance may be seized by an officer of customs,
police of£icer or member of the Defence Force established
under the Defence Act; and
(6) the master or any person in control of such ship,
vessel, aircraft, vehicle or other means of conveyance,
as the case may be, shall be deemed guilty of an offence
under subsection (1) unless he proves that the controlled
drug was in the ship, vessel, aircraft, vehicle or other
means of conveyance without his consent, knowledge
or connivance and that he exercised all due diligence
to prevent the commission of the offence.
( 3 ) Nothing in subsection (2)(b) shall apply if the master
or other person therein referred to proves to the satisfaction
of the court that the controlled drug is cargo properly
manifested to consignees in Antigua and Barbuda or
elsewhere, or are bonafide stores of any ship, vessel or aircraft,
in the custody of the proper officer authorised for the purpose.
(4) Nothing in subsection ( 2 ) shall apply to any ship,
vessel or aircraft belonging to the Naval or Air Forces of
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12 CAP. 283) Misuse of Drugs
any other country, if permission has been granted by the
competent authority for such ship or vessel to come into the
territorial sea of Antigua and Barbuda or for such aircraft
to enter Antigua and Barbuda.
(5) Where any person is convicted of an offence under
this section, the court before which he is convicted shall order
that the ship, vessel, aircraft, vehicle or other means of
conveyance, if any, used for the purpose of conveying the
controlled drug, be forfeited and, upon such order being
made, the ship, vessel, aircraft, vehicle or other means of
conveyance, shall, unless an application under subsection (6)
is successful, be sold and the proceeds of such sale paid into
the Consolidated Fund.
(6) Where any ship, vessel, aircraft, vehicle or other
means of conveyance is ordered to be forfeited under sub-
section (5) the owner of such ship, vessel, aircraft, vehicle
or other means of conveyance may make within seven days
of such order a claim to the court making such order of
forfeiture for the ship, vessel, aircraft, vehicle or other means
of conveyance to be restored to him.
(7) Where a claim is made to the court under sub-
section (6) the court may, subject to subsection (8), order
that the ship, vessel, aircraft, vehicle or other means of
conveyance shall be restored to the owner thereof on payment
by him of any expenses incurred for transporting and keeping
such ship, vessel, aircraft, vehicle or other means of con-
veyance for the purposes of this section.
(8) A court shall not make an order under subsection (7)
unless it is satisfied that the owner, charterer or master of
the ship, vessel, aircraft, vehicle or other means of 9
conveyance, as the case may be-
(a) did not permit any person convicted of an
offence under subsection (1) to use the ship, vessel,
aircraft, vehicle or other means of conveyance for the
purpose of conveying any controlled drug in respect of
which the offence was committed; and
i
( 6 ) had no knowledge that any person convicted
of an offence under subsection (1) would use the ship,
vessel, aircraft, vehicle or other means of conveyance
P
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Misuse of Drugs (CAP. 283 13
for the purpose of conveying any controlled drug in
respect of which the offence was committed.
PART IV
POWER T O PREVENT MISUSE O F
CONTROLLED DRUGS
13. (I) Subject to the other provisions of this Act, :;;;;t::nr;t;
the Minister may by regulation make such provisions as preventinR
appear to him necessary or expedient for preventing the ~;,&,.
misuse of controlled drugs.
(2) Without prejudice to the generality of subsection (I),
regulations under this section may make provision-
(a) requiring precautions to be taken for the safe
custody of controlled drugs;
( b ) imposing requirements as to the documentation
of transactions involving controlled drugs, and requiring
copies of documents relating to such transactions to be
furnished to the prescribed authority;
(c) requiring the keeping of records and the
,,/ furnishing of information with respect to controlled drugs in such circumstances and in such manner as may be
prescribed;
(6) for the inspection of any precautions taken or
records kept in pursuance of regulations made under
this section;
( e ) as to the packaging and labelling of controlled
drugs;
Cf) regulating the transport of controlled drugs and
the methods used for destroying or otherwise disposing
of such drugs when no longer required;
e) regulating the issue of prescriptions containing
controlled drugs and the supply of controlled drugs on
prescription, and requiring persons issuing or dispensing
prescriptions containing such drugs to furnish such
information relating to those prescriptions as may be
laid down;
(h ) requiring any doctor who attends a person
whom he considers, or has reasonable grounds to
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14 CAP. 283) Misuse of Drugs
suspect, is addicted to controlled drugs of any description
to furnish to the prescribed authority such particulars
with respect to that person as may be specified;
(9 prohibiting any doctor from administering,
supplying or authorising the administration and supply
to persons so addicted, or prescribing for such persons,
such controlled drugs as may be prescribed, except under
and in accordance with the terms of a licence issued
by the Minister in pursuance of the regulations; and
prescribing the procedure to be followed in the
taking, transmission and analysis of samples of
substances suspected to be controlled drugs and
providing that an analyst's certificate that the prescribed
procedure has been followed shall be accepted as
evidence by any court.
Power to direct
special
precautions for
safe custody of
controlled drugs
to be taken at
14. (1) Without prejudice to any requirement
imposed by regulations made in pursuance of section 13(2)(a),
the Minister, may by notice in writing served on the occupier
of any premises on which controlled drugs are or are proposed
certain premises. to be kept, give directions as to the taking of precautions
or further precautions for the safe custody of such types of
controlled drugs, as are specified in the notice, which are
kept on those premises.
(2) It shall be an offence to contravene any directions
given under subsection (1).
Directions 15. (1) Where a person who is a practitioner or
prohibiting
prescribing chemist and druggist has, after the coming into operation
supply, etc. of of this subsection, been convicted of an offence under this
controlled drugs
by practitioners, Act, the Minister may give a direction in writing under
etc. convicted of ~ubsection (2) in respect of that person.
certain offences.
(2) A direction under subsection (1) shall-
(a) if that person is a practitioner, be a direction
prohibiting him from having in his possession,
prescribing, administering, manufacturing,
compounding and supplying and from authorking the
administration and supply of such controlled drugs as
may be specified in the direction; or
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Misuse of Drugs (CAP. 283
(6) if that person is a chemist and druggist, be a
direction prohibiting him from having in his possession,
manufacturing, compounding and supplying and from
supervising and controlling the manufacture,
compounding and supply of such controlled drugs as
may be specified in the direction.
( 3 ) The Minister shall cause a copy of any direction
given by him under subsection ( 2 ) to be served on the person
to whom it applies, and shall cause notice of any such
direction to be published in the Gazette.
(4) A direction under this section shall take effect when
a copy of it is served on the person to whom it applies.
( 5 ) It shall be an offence to contravene a direction given
under subsection ( 2 ) .
16. ( 1 ) In the event of a contravention by a doctor Directions
prohibiting of regulations made in pursuance of section 13(2)(h) or (2)
or of the terms of a licence issued under regulations made ~ ~ , ~ f b ~ , ~ ~ ~ ~ ~ ~
in pursuance of section 13(2)(i), the Minister may give a by practitioners
direction in writing to the doctor concerned prohibiting him in other cases.
from prescribing, administering and supplying and from
authorising the administration and supply of such controlled
drugs as may be specified in the direction.
( 2 ) If the Minister is of the opinion that a practitioner
is or has after the coming into operation of this subsection
been prescribing, administering, supplying or authorising
the administration or supply of any controlled drugs in an
irresponsible manner, the Minister may give a direction in
writing to the practitioner concerned prohibiting him from
prescribing, administering and supplying and from
authorising the administration and supply of such controlled
drugs as may be specified in the direction.
( 3 ) A contravention by a doctor of regulations made
in pursuance of sections 13(2)(h) or (i) or of the terms of
a licence issued under regulations made in pursuance of
section 13(2)(z) shall not as such constitute an offence, but
it shall be an offence to contravene a direction given under
subsection ( 1 ) or (2 ) .
LAWS OF ANTIGUA AND BARBUDA
16 CAP. 283) Misuse of Drugs
(4) The period of operation of a direction under
subsection (2) shall be a period of six weeks beginning with
the date on which the direction takes effect and the Minister
may from time to time, by notice in writing served on the
persdn to whom the direction applies, extend or further
extend the period of operation of the direction for a further
twenty-eight days from the time when that period would
otherwise expire.
Power to obtain
information from 17. (1) If it appears to the Minister that there exists
doctors, chemists in any area in Antigua and Barbuda a social problem caus-
and druggist?, ed by the extensive misuse of dangerous or otherwise harm-
etc. in certaln
circumstances. fu1 drugs in that area, he may by notice in writing served
on any doctor or chemist and druggist practising in or in
the vicinity of that area, or on any person carrying on a
retail chemist and druggist's business within the meaning
Cap. 269. of the Medical Act at any premises situated in or in the
vicinity of that area, require him to furnish to the Minister,
with respect to any such drugs specified in the notice and
as regards any period so specified, such particulars as may
be so specified relating to the quantities in which and the
number and frequency of the occasions on which those
drugs-
( a ) in the case of a doctor, were prescribed,
administered or supplied by him;
(6) in the case of a chemist and druggist, were
supplied by him; or
(c) in the case of a person carrying on a retail
chemist and druggist's business, were supplied in the
course of that business at any premises so situated which
may be specified in the notice.
(2) A notice under subsection (1) may require any such
particulars to be furnished in such manner and within such
time as may be specified in the notice and, if served on a
chemist and druggist or person carrying on a retail chemist
and druggist's business, may require him to furnish the
names and addresses of doctors on whose prescriptions any
dangerous or otherwise harmful drugs to which the notice
relates were supplied, but shall not require any person to
furnish any particulars relating to the identity of any person
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Misuse of Drugs (CAP. 283 17
for or to whom any such drug has been prescribed,
administered or supplied.
(3) A person shall be guilty of an offence if without
reasonable excuse (proof of which shall lie on him) he fails
to comply with any requirement to which he is subject by
virtue of subsection (1).
(4) A person shall be guilty of an offence, if in purported
compliance with a requirement imposed under this section,
he gives any information which he knows to be false in a
material particular or recklessly gives any information which
is so false.
PART V
MISCELLANEOUS OFFENCES AND POWERS
18. (1) It shall be an offence for any person to Miscellaneous
offences. contravene any regulations made under this Act other than
regulations made in pursuance of section 13(2)(h) or (z].
(2) It shall be an offence for any person to contravene
a condition or other term of a licence issued under section 4
or of a licence or other authority issued under regulations
made hereunder not being a licence issued under regulations
made in pursuance of section 13(2)(z].
(3) A person shall be guilty of an offence if, in purported
compliance with any obligation to give information to which
he is subject under or by virtue of regulations made under
this Act, he gives any information which he knows to be
false in a material particular or recklessly gives any
information which is so false.
(4) A person shall be guilty of an offence if, for the
purpose of obtaining, whether for himself or another, the
issue or renewal of a licence or other authority under this
Act or under any regulation made hereunder, he-
(a) makes any statement or gives any information
which he knows to be false in a material particular or
recklessly gives any information which is so false; or
( b ) produces or otherwise makes use of any book,
record or other document which to his knowledge
LAWS OF ANTIGUA AND BARBUDA
18 CAP. 283) Misuse of Drugs
contains any statement or information which he knows
to be false in a material particular.
Attempts, etc. to
commit offences. 19. (1) It shall be an offence for a person to attempt
to commit an offence under anv vrovision of this Act other
z .
than this subsection.
(2) It shall be an offence for a person to incite another
to commit an offence under any provision of this Act other
than this or the foregoing subsection.
Offences relating
to the doing of
20. (1) A person shall be guilty of an offence if in
things Antigua and Barbuda he does any act preparatory to, or
Antigua and in furtherance of, the commission in any place outside
Barbuda. Antigua and Barbuda of any act which, if committed in
Antigua and Barbuda, would constitute an offence under
this Act and for the purposes of this subsection having
something in one's possession shall be taken to be an act.
(2) A person shall be guilty of an offence if in Antigua
and Barbuda he assists in or induces the commission in any
place outside Antigua and Barbuda of an offence punishable
under the provisions of a corresponding law in force in that
place.
Offences by
corporations.
21. Where any offence under this Act committed by
a body corporate is proved to have been committed with
the consent or connivance of, or to be attributable to any
neglect on the part of any director, manager, secretary or
other officer of the said body corporate, or any person
purporting to act in any such capacity, he as well as the body
corporate shall be guilty of that offence and shall be liable
to be proceeded against accordingly.
Further powers
to make
22. The Minister may, by regulation, make
regulations. provision-
(a) for excluding in such cases as may be prescribed
the application of any provision of this Act which creates
an offence; and
(6) for the application of any of the provisions of
this Act or regulations or orders thereunder to servants
or agents of the Crown, subject to such exceptions,
adaptations and modifications as may be prescribed.
LAWS OF ANTIGUA AND BARBUDA
Misuse of Drugs (CAP. 283 19
PART VI
LAW ENFORCEMENT AND PUNISHMENT
O F OFFENCES
23. (1) A police officer or other person duly 5,"y;t:;arch
authorised in that behalf by the Minister shall, for the .,;denCe.
purposes of the execution of this Act, have power to enter
the premises of any person carrying on business as a producer
or supplier of any controlled drugs and to demand the
production of, and to inspect, any books or documents
relating to dealings in any such drugs and to inspect any
stocks of any such drugs.
(2) If a police officer has reasonable grounds to suspect
that any person is in possession of a controlled drug in
contravention of this Act, the police officer may, subject to
subsections (5) and (6)-
(a) search that person, and detain him for the
purpose of searching him;
( b ) search any ship, vessel, aircraft, vehicle or other
means of conveyance in which the police officer suspects
that the drug may be found, and for that purpose require
the person in control of the ship, vessel, aircraft, vehicle
or other means of conveyance to stop it; and
(c) seize and detain, for the purposes of proceedings
under this Act, anything found in the course of the search
which appears to the police officer to be evidence of an
offence under this Act:
Provided that nothing in this subsection shall derogate
from any power of search or any power to seize or detain
property which is otherwise exercisable by a police officer.
(3) If a magistrate is satisfied by information on oath
that there is reasonable ground for suspecting-
(a) that any controlled drugs are, in contravention
of this Act or of any regulations made thereunder, in
the possession of a person on any premises; or
( b ) that a document directly or indirectly relating
to, or connected with, a transaction or dealing which
was, or an intended transaction or dealing which would
if carried out be, an offence under this Act, or in the
g
LAWS OF ANTIGUA AND BARBUDA f
%.
CAP. 283) Misuse of Drugs
case of a transaction or dealing carried out or intended
to be carried out in a place outside Antigua and
9
Barbuda, an offence against the provisions of a 2
corresponding law in force in that place, is in the posses- $
sion of a person on any premises, f
he may issue a warrant authorising any police officer at any
time or times within one month from the date of issue of
the warrant, to enter, if need be by force, the premises named
therein, and to search the premises and any persons found
therein and, if there is reasonable ground for suspecting that
an offence under this Act has been committed in relation
to any controlled drugs found on the premises or in the
possession of any such persons, or that a document so found
is such a document as is mentioned in paragraph (b), to seize
and detain those drugs or that document, as the case may be.
(4) A person shall be guilty of an offence if he-
(a) intentionally obstructs a person in the exercise
of his powers under this section;
(6) being the person in control of the ship, vessel,
aircraft, vehicle or other means of conveyance fails to
stop it when required to do so by a police officer under
subsection (2)(6);
(c) being a person being conveyed in a ship, vessel,
aircraft, vehicle or other means of conveyance prevents
or intimidates the person in control of or any other
person operating the ship, vessel, aircraft, vehicle or
other means of conveyance from stopping when required
to do so by a police officer under subsection (2)(6);
(4 without the permission of the police officer
concerned, leaves a ship, vessel, aircraft, vehicle or other
means of conveyance which has been stopped by a police
officer under subsection (2)(b); or
(e) conceals or without reasonable excuse (proof of
which shall lie on him) fails to produce any such books,
documents, stocks or drugs as aforesaid.
(5) No person may be searched by any person of the
opposite sex unless the consent of the person to be searched
has first been obtained or unless such search is made in the
LAWS OF ANTIGUA AND BARBUDA
Misuse of Drugs (CAP. 283 2 1
presence of some other person, not being a police officer,
of the same sex.
(6) No article of a person's clothing may be removed
from his person during a search at any place other than within
a Police station.
24. (1) A police officer may arrest without warrant T:z
a person who has committed, or whom the police officer,
with reasonable cause, suspects to have committed, an offence
under this Act, if-
(a) he believes that that person will abscond unless
arrested;
(b) the name and address of that person are not
known to, and cannot be ascertained by him; or
(c) he is not satisfied that a name and address
furnished by that person as his name and address are
true.
(2) Where any controlled drug is found on any premises
searched under section 23(1) or in any ship, vessel, aircraft,
vehicle or other means of conveyance stopped under section
23(2), the police officer who has made the search or stopped
the ship, vessel, aircraft, vehicle or other means of conveyance
as the case may be, may arrest any person in such premises
or in such ship, vessel, aircraft, vehicle or other means of
conveyance whom he has reason to believe to be guilty of
an offence under this Act other than an offence under sec-
tion 7(2).
(3) This section shall not derogate from any other power
of arrest conferred by any other law.
25. (1) The Second Schedule shall have effect, in Prosecution and punishment of
accordance with subsection (2) regarding the way in which offences.
offences under this Act are punishable on conviction.
(2) In relation to an offence under a provision of this
Act specified in the first column of the Second Schedule (the
general nature of the offence being described in the second
column)-
(a) the third column shows whether the offence is
punishable on summary conviction, on indictment or
in either way;
LAWS OF ANTIGUA AND BARBUDA
2 2 CAP. 283) Misuse of Drugs
(6) the fourth, fifth and sixth columns show
respectively the punishments which may be imposed on
a person convicted of the offence in the way specified
in relation thereto in the third column (that is to say,
'' summarily or on indictment) according to whether the
controlled drugs in relation to which the offence was
committed was a Class A drug, a Class B drug or a
Class C drug; and
(c) the seventh column shows the punishments
which may be imposed on a person convicted of the
offence in the way specified in relation thereto in the
third column (that is to say, summarily or on indict-
ment), whether or not the offence was committed in
relation to a controlled drug and, if it was so committed,
irrespective of whether the drug was a Class A drug,
a Class B drug or a Class C drug,
and in the fourth, fifth, sixth and seventh columns a reference
to a period gives the maximum term of imprisonment and
a reference to a sum of money the maximum fine.
(3) An offence under section 19(1), 19(2) or 20(1) shall
be punishable on summary conviction, on indictment or in
either way according to whether, under the Second Schedule,
the substantive offence is ~unishable on summary conviction.
on indictment or in either way; and the punishments which
may be imposed on a person convicted of an offence under
section 19(1), 19(2) or 20(1) are the same as those which,
under that Schedule, may be imposed on a person convicted
of the substantive offence.
(4) In subsection (3) "the substantive offenceM-
(a) in relation to an offence under section 19(1)
or (2) means the offence under this Act to which the
attempt or, as the case may be, the incitement is
directed;
( b ) in relation to an offence under section 20(1)
consisting of the doing of an act preparatory to, or in
the furtherance of, the commission in a place outside
Antigua and Barbuda of an act ("the overseas act"),
which, if committed in Antigua and Barbuda, would
constitute an offence under this Act, means the offence
LAWS OF ANTIGUA AND BARBUDA
Misuse of Drugs (CAP. 283 23
under this Act which the overseas act would constitute
if committed in Antigua and Barbuda.
(5) A magistrate's court may try a charge for an offence
under this Act if the charge was made at any time within
twelve months from the commission of the offence.
26. In relation to an offence in connection with a Penalties for
offences under
prohibition or restriction on importation or exportation 4.
having effect by virtue of section 4, the following provisions
shall have effect-
(a) where the controlled drug constituting the goods
in respect of which the offence was committed was a
Class A drug or a Class B drug, any person guilty of
that offence shall be liable-
(i) on summary conviction, to a penalty of six
times the value of the goods or not less than
twenty thousand dollars nor exceeding two
hundred thousand dollars whichever is the
greater, and to imprisonment for twelve
months;
(ii) on conviction on indictment, to a pecuniary
penalty of such amount as the court may
determine, and to imprisonment for 10 years;
( b ) where the controlled drug constituting the goods
in respect of which the offence was committed was a
Class C drug, sub-paragraphs (a)(i) and (a)(ii) shall
respectively have effect as if for "not less than twenty
thousand dollars nor exceeding two hundred thousand
dollars" and "10 years" occurring therein there were
substituted "not less than ten thousand dollars nor
exceeding one hundred thousand dollars" and "5 years"
respectively.
27. (1) Subject to subsection (2), the court by or Forfeiture.
before which a person is convicted of an offence under this
Act may order anything shown to the satisfaction of the court
to relate to the offence, to be forfeited and either destroyed
or dealt with in such other manner as the court may order,
but the proceeds of such forfeiture and other moneys forfeited
LAWS OF ANTIGUA AND BARBUDA
24 CAP. 283) Misuse of Drugs
by the court shall be forthwith paid into the Consolidated
Fund.
(2) The court shall not order anything to be forfeited
under this section, where a person claiming to be the owner
of or otherwise interested in it has applied, before the making
of the order, to be heard by the court, unless an opportunity
has been given to him to show cause why the order should
not be made.
Removal orders. 28. (1) Where a non-citizen is convicted of an offence
under this Act, the Minister may, within six months after
the date of such conviction, by Order under his hand, order
the non-citizen to be removed from Antigua and Barbuda.
(2) Any non-citizen so ordered to be removed shall be
placed on board a suitable aircraft or vessel by any police
or immigration officer and may be lawfully detained in
custody on board so long as the aircraft is within Antigua
and Barbuda or the vessel is within the territorial sea, and
if any person so removed enters or attempts to re-enter
Antigua and Barbuda while a removal order is still in force
against him, he may be dealt with in like manner.
(3) Where a non-citizen who is ordered to be removed
from Antigua and Barbuda under and by virtue of this section
is serving a sentence of imprisonment, the Governor-General
acting in accordance with the advice of the Minister, may
give directions as to whether the whole or what part of the
sentence is to be served before removal. In default of such
directions, the non-citizen shall be removed after completion
of the sentence and any removal order made shall be of full
force and effect notwithstanding that more than six months
has elapsed since conviction.
(4) Where any person has been removed from Antigua
and Barbuda under the provisions of this section it shall be
an offence for such person to enter or attempt to enter
Antigua and Barbuda without the written permission of the
Minister.
LAWS OF ANTIGUA AND BARBUDA
Misuse of Drugs (CAP. 283 2 5
PART VII
MISCELLANEOUS AND
SUPPLEMENTARY PROVISIONS
29. The Minister may, by Notice published in the :~?$;:yt of
Gazette, appoint such persons as he thinks fit to be analysts
for the purposes of the Act.
30. (1) Subject to subsections (2) and (3), not- Certificate of
analyst withstanding the provisions of any other law, a certificate admissible in
of an analyst stating that he has analysed or examined a evidence.
substance and stating the result of such analysis or
examination is admissible in evidence in any prosecution
under this Act and in the absence of evidence to the contrary
is proof of the statements contained therein and no evidence
shall be required by the court as to the signature or qualifi-
cations of the person purporting to have signed the certificate.
(2) No certificate shall be received in evidence unless
the party intending to produce it has given to the other parties
seven days notice of such intention and has furnished with
such notice a copy of the certificate.
(3) Where it considers it necessary or advisable the court
may require the attendance of such analyst to give evidence
on oath.
3 1. (1) This section shall apply only to offences under Proof of lack of
sections 5(2), 5(3), 6(2), 6(3), 8(2) and 1 l(1). knowledge, etc. to be a defence
in proceedings
for certain
(2) Subject to subsection (3), in any proceedings for an offence,.
offence to which this section applies it shall be a defence for
the person charged to prove that he neither knew of nor
suspected nor had reason to suspect the existence of some
fact alleged by the prosecution which it is necessary for the
prosecution to prove if he is to be convicted of the offence
charged.
(3) Where, in any proceedings for an offence to which
this section applies, it is necessary, if the person charged
is to be convicted of the offence charged, for the prosecution
to prove that some substance or product involved in the
alleged offence was the controlled drug which the prosecution
alleges it to have been, and it is proved that the substance
LAWS OF ANTIGUA AND BARBUDA
26 CAP. 283) Misuse of Drugs
or product in question was that controlled drug, the person
charged-
(a) shall not be acquitted of the offence charged
by reason only of proving that he neither knew, nor
suspected, nor had reason to suspect that the substance
or product in question was the particular controlled drug
alleged; but
(b) shall be acquitted thereof-
(i) if he proves that he neither believed, nor
suspected, nor had reason to suspect that the
substance or product in question was a
controlled drug; or
(ii) if he proves that he believed the substance or
product in question to be a controlled drug,
or a controlled drug of a description, such that,
if it had in fact been that controlled drug or
a controlled drug of that description, he would
not at the material time have been committing
any offence to which this section applies.
(4) Nothing in this section shall derogate from any other
defence which it is open to a person charged with an offence
to raise.
Service of
documents.
32. (1) Any notice or other document required or
authorised by this Act to be served on any person may be
served on him either by delivering it to him or by leaving
it at his last known business or private address or by sending
it by registered post.
(2) Any notice or other document required or authorised
to be served on a body corporate shall be duly served if it
is served on the secretary or any director of that body.
(3) Where any of the following documents, that is to
say-
(a) a notice under section 15(1); or
(6) a copy of a direction given under section 15(2),
16(1) or 16(2),
is served by sending it by registered post, service thereof
shall be deemed to have been effected at the time when the
LAWS OF ANTIGUA AND BARBUDA
Misuse of Drugs (CAP. 283 27
letter containing it would be delivered in the ordinary course
of registered post.
33. A licence or other authority issued by the Minister Licences and
authorities.
for the purposes of this Act or of regulations made hereunder
may be, to any degree, general or specific, issued on such
terms and subject to such conditions (including, in the case
of a licence, the payment of a prescribed fee) as the Minister
thinks proper, and may be modified or revoked by him at
any time.
34. Without derogating from the generality of the General
powers conferred upon him, regulations made by the Minister regulations. provisions as to
may-
(a) make different provisions in relation to different
controlled drugs, different classes of persons, different
provisions of this Act or other different cases or
circumstances; and
( b ) make the opinion, consent or approval of a
prescribed authority or of any person authorised in a
prescribed manner material for purpose of the regula-
tions; and
( 6 ) contain such supplementary, incidental and
transitional provisions as appear expedient to the
Minister.
35. The Minister may conduct or authorise or assist Research.
in conducting or authorising research into any matter relating
to the misuse of dangerous or otherwise harmful drugs.
36. There shall be defrayed out of moneys provided Financial
provisions.
by Parliament any expenses incurred by the Minister under
this Act.
37. (1) In this Act the expression ''corresponding Meaning of
"corresponding
law" means a law stated in a certificate purporting to be la,,>.
issued by or on behalf of the government of a country outside
Antigua and Barbuda to be a law providing for the control
and regulation in that country of the production, supply,
use, export and import of drugs and other substances in
accordance with the provisions of the Single Convention on
Narcotic Drugs signed at New York on 30th March 1961
LAWS OF ANTIGUA AND BARBUDA
28 CAP. 283) Misuse of Drugs
or a law providing for the control and regulation in that
country of the production, supply, use, export and import
of dangerous or otherwise harmful drugs in pursuance of
any treaty, convention or other agreement or arrangement
to which the government of that country and the Government
of Antigua and Barbuda are for the time being parties or
to which the Government of the United Kingdom has acceded
to on behalf of Antigua and Barbuda.
(2) A statement in any such certificate as aforesaid as
to the effect of the law mentioned in the certificate or a state-
ment in any such certificate that any facts constitute an
offence against that law shall be conclusive evidence of the
matters stated.
Savings,
transitional
38. The savings and transitional provisions contained
provisions. in the Third Schedule shall have effect on the coming into
operation of this Act.
FIRST SCHEDULE (section 3)
CONTROLLED DRUGS
PART I
CLASS A DRUGS
1. The following substances and products, namely-
Acetorphine.
Allylprodine.
Alphacetylmethadol.
Alphameprodine.
Alphamethadol.
Alphaprodine.
Anileridine.
Benzethidine.
Benzylmorphine (3-benzylmor-
phine).
Betacetylmethadol.
Betameprodine.
Betamethadol.
Methadone.
Methadyl acetate.
Methyldesorphine.
Methyldihydromorphine
(6-methyldihydromorphine).
Metopon.
Morpheridine.
Morphine.
Morphine methobromide,
morphine N-oxide and
other pentavalent
nitrogen morphine
derivates.
LAWS OF ANTIGUA AND BARBUDA
Misuse of Drugs (CAP. 283 2 9
Betaprodine.
Bezitramide.
Bufotenine.
Cannabinol, except where
contained in cannabis or
cannabis resin.
Cannabinol derivatives.
Clonitazene.
Coca leaf.
Cocaine.
Desomorphine.
Dextromoramide.
Diamorphine.
Diampromide.
Diethylthiambutene.
Dihydrocodeinone
0-carboxymethyloxime.
Dihydromorphine.
Dimenoxadole.
Dimephepanol.
Dimethylthiambutene.
Dioxaphetyl butyrate.
Diphenoxylate.
Dipipanone
Ecgonine, and any derivative
of ecgonine which is
convertible to ecgonine
or to cocaine.
Ethylmethylthiambutene.
Etonitazene.
Etorphine.
Etoxeridine.
Fentanyl.
Furethidine.
Hydrocodone.
Hydromorphinol.
Hydromorphone.
Hydroxypethidine.
Isomethadone.
Ketobemidone.
Levomethorphan.
Levomoramide.
Levophenacylmorphan.
Levorphanol.
Lysergamide.
Lysergide and other N-alkyl
derivatives of lysergamide.
Myrophine.
Nicodicodine (6-nicotin-
oyldihydrocodeine).
Nicomorphine (3 , 6-dini-
cotinoylmorphine).
Noracymethadol.
Norlevorphanol.
Normethadone.
Normorphine.
Norpipanone.
Opium, whether raw,
prepared or medicinal.
Oxycodone.
Oxymorphone.
Pethidine.
Phenadoxone.
Phenampromide.
Phenazocine.
Phenomorphan.
Phenoperidine.
Piminodine.
Piritramide.
Poppy-straw and
concentrate of
poppy-straw.
Proheptazine.
Properidine (1 -methyl-&
phenylpiperidine-4-
carboxylic acid iso-
propyl ester).
Psilocin.
Racemethorphan.
Racemoramide.
Racemorphan.
Thebacon.
Thebaine.
Trimeperidine.
4-C yano-2-dimethylamino.
4, 4-diphenylbutane.
4-Cyano- 1 -methyl-4-phenyl-
piperidine.
N, N-Diethyltryptamine.
N, N-Dimethyltryptamine.
2, 5-Dimethoxy-a, 4-dimethyl.
phenethylamine.
1-Methyl-4-phenylpiperi-
dine-4-carboxylic acid.
LAWS OF ANTIGUA AND BARBUDA
30 CAP. 283) Misuse of Drugs
Mescaline.
Metazocine.
2-Methyl-3-morpholino-l ,
1-diphenylpropanecarboxylic acid.
4-Phenylpiperidine-4-
carboxylic acid ethyl ester.
2. Any stereoisomeric form of a substance for the time being specified in
paragraph 1 above not being dextromethorphan or dextrorphan.
3. Any ester or ether of a substance for the time being specified in paragraphs
1 or 2 above.
4. Any salt of a substance for the time being specified in any of paragraphs
1 to 3 above.
5 . Any preparation or other product containing a substance or product
for the time being specified in any of paragraphs 1 to 4 above.
6. Any preparation designed for administration by injection which includes
a substance or product for the time being specified in any of paragraphs 1 to
3 of Part I1 of this Schedule.
PART I1
CLASS B DRUGS
1. The following substances and products, namely-
Acetyldihydrocodeine. Methylamphetamine.
Amphetamine. Methylphenidate.
Cannabis and cannabis resin. Nicocodeine.
Codeine. Norcodeine.
Dexamphetarnine. Phenmetrazine.
Dihydrocodeine. Pholcodine.
Ethylmorphine (3-ethylmorphine).
2. Any stereoisomeric form of a substance for the time being specified in
paragraph 1 of this Part of this Schedule.
3. Any salt of a substance for the time being specified in paragraph 1 or
2 of this Part of this Schedule.
4. Any preparation or other product containing a substance or product
for the time being specified in any of paragraphs 1 to 3 of this Part of this Schedule,
not being a preparation falling within paragraph 6 of Part I of this Schedule.
PART I11
CLASS C DRUGS
1. The following substances, namely-
LAWS OF ANTIGUA AND BARBUDA
Misuse of Drugs (CAP. 283 3 1
Benzphetamine.
Chlorphentermine.
Fencamfamin.
Mephentermine.
Methaqualone.
Pemoline.
Phendimetrazine.
Phentermine.
Pipradrol.
Prolintane.
2. Any stereoisomeric form of a substance for the time being specified in
paragraph 1 of this Part of this Schedule.
3. Any salt of a substance for the time being specified in paragraph 1 or
2 of this Part of this Schedule.
4. Any preparation or other product containing a substance for the time
being specified in any of paragraphs 1 to 3 of this Part of this Schedule.
PART IV
MEANING O F CERTAIN EXPRESSIONS USED IN
THIS SCHEDULE
For the purposes of this Schedule the following expressions (which are not
among those defined in section 2 of this Act) have the meanings hereby assigned
to them respectively, that is to say-
"cannabinol derivatives" means the following substances, except where
contained in cannabis or cannabis resin, namely tetrahydro derivatives
of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro
derivatives;
"coca leaf' means the leaf of any plant of the genus Erythroxylon from whose
leaves cocaine can be extracted either directly or by chemical
transformation;
"concentrate of poppy-straw" means the material produced when poppy-
straw has entered into a process for the concentration of its alkaloids;
"medicinal opium" means raw opium which has undergone the process
necessary to adapt it for medicinal use in accordance with the
requirements of the British Pharmacopoeia, 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;
6' poppy straw" means all parts, except the seeds, of the opium poppy, after
mowing;
" raw opium" includes powdered or granulated opium but does not include
medicinal opium.
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Se
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Se
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23
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)
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)
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Se
ct
io
n
28
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)
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00
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.
LAWS OF ANTIGUA AND BARBUDA
38 CAP. 283) Misuse of Drugs
THIRD SCHEDULE (section 38)
SAVINGS AND TRANSITIONAL PROVISIONS
1. Any order, rule, regulation or other instrument or
document wheresoever made or issued, any direction given, and
any other thing done, under or by virtue of any provision of the
Dangerous Drugs Acts shall be deemed for the purposes of this
Act to have been made, issued or done, as the case may be, under
the corresponding provision of this Act; and anything begun under
any provision of that Act as if begun under this Act.
2. As from the coming into operation of section 5 any licence
or authority issued or granted under or by virtue of the Dangerous
Drugs Acts shall have effect as if granted for the purposes of section
5(2) of this Act. \
3. Subject to paragraphs 1 and 2 and without prejudice
to the generality of section 34(c), regulations made by the Minister
under this Act may include such provision as the Minister thinks
fit for effecting the transition from any provision made by or by
virtue of any of the enactments repealed by this Act to any provision
made by or by virtue of this Act, and in particular may provide
for the continuation in force, with or without modifications, of
any licence or other authority issued or having effect as if issued
under or by virtue of any of these enactments.
4. For purposes of the enforcement of the enactments
repealed by this Act as regards anything done or omitted before
their repeal, any powers of search, entry, inspection seizure or
detention conferred by those enactments shall continue to be
exercisable as if those enactments were still in force.
5 . The mention of particular matters in this Schedule shall
Cap. 224. not prejudice the general application of sections 31 to 35 of the
Interpretation Act with regard to repeals.
