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Narcotic Drugs (Prohibition and Control) Act 1987


Published: 1987-03-20

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Narcotic Drugs (Prohibition and Control) Act 1987
TITLE 7 – PUBLIC HEALTH, SAFETY AND WELFARE
CHAPTER 9 - NARCOTIC DRUGS
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
NARCOTIC DRUGS (PROHIBITION AND CONTROL)
ACT 1987
Arrangement of Sections
Section Page
§901. Short title. .............................................................................................................................. 3
§902. Interpretation. ....................................................................................................................... 3
§903. Control of narcotic drugs. ................................................................................................... 5
§904. Exemption for medical use. ................................................................................................ 5
§905. Professional use of narcotic drugs. .................................................................................... 6
§906. Obtaining drugs from a medical practitioner while under treatment from
another. .................................................................................................................................. 6
§907. Issuance of licenses............................................................................................................... 6
§908. Records to be kept. ............................................................................................................... 7
§909. Penalties. ................................................................................................................................ 7
§910. Seizure and forfeiture. ......................................................................................................... 8
§911. Regulations. ......................................................................................................................... 10
§912. Distribution or Drugs to Minors. ..................................................................................... 10
TITLE 7 – PUBLIC HEALTH, SAFETY AND WELFARE
CHAPTER 9 - NARCOTIC DRUGS
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
NARCOTIC DRUGS (PROHIBITION AND CONTROL)
ACT 1987
AN ACT to prohibit the importation, exportation, cultivation, manufacture,
dispensing, possession and distribution of narcotic drugs and for matters connected
therewith or incidental thereto.
Commencement: March 20, 1987
Source: P.L. 1987-11
Amended By: P.L. 1991-137 P.L. 1992-6
§901. Short title.
This Chapter may be cited as the Narcotic Drugs (Prohibition and Control)
Act 1987. [PL. 1987-11, §1.]
§902. Interpretation.
(1) In this Chapter:
(a) “marijuana” means any part of the plant (genus) cannabis,
whether growing or not, including the seeds and the resin, and
every alkaloid, salt, derivative, preparation, compound, or
mixture of the plant, its seeds or resin, except that, as used
herein, “marijuana” does not include hashish,
tetrahydrocannabinol, and any alkaloid, salt, derivative,
preparation, compound, or mixture, whether natural or
synthesized or tetrahydrocannbinol;
(b) “marijuana concentrate” means hashish,
tetrahvdrocannabinol, and any alkaloid, salt, derivative,
preparation, compound, or mixture, whether natural or
synthesized or tetrahydrocannabinol;
(c) “medical practitioner” means a person authorized by law to
practice medicine in the Republic and any other person
authorized by law to treat the sick and injured, and includes a
dentist;
(d) “minor” means a person under the age of 18 years, (e)
“narcotic drug” means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(i) opium, meperidine, isonipecaine, coca leaves and
opiates;
(ii) any compound, manufacture, salt, derivative or
preparation of opium, meperidine, isonipecaine, coca
1eaves, or opiates;
(iii) any substance (and any compound, manufactured salt,
derivative or preparation thereof) which is chemically
identical with any of the substances referred to in
paragraphs (i) and (ii) above, including apomorphine or
any of its salts, and drugs commonly known as and
similar to LSD, MDA, and psilocybin;
(f) “opiate” means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being
capable of conversion into a drug having addiction forming or
addiction-sustaining liability similar to morphine or cocaine;
(g) “ounce” means an avoirdupois ounce as applied to solids and
semi-solids, and a fluid ounce as applied to liquids;
(h) “person” includes any corporation, firm, association or
partnership;
(i) “to distribute” means to sell, transfer, prescribe, give, or
deliver to another, or to leave, barter, or exchange with
another, or to offer or agree to do the same.
(2) For purposes of Sections 903 through 908, 910, and 911, the terms
‘narcotic’ or ‘narcotic drug’ may be deemed to include marijuana or
marijuana concentrate. [P.L. 1987-11, §2; amended by PL 1992-6, §2.]
§903. Control of narcotic drugs.
Except as prescribed by this Chapter, no person shall:
(a) possess, sell or dispose of;
(b) knowingly plant, cultivate, produce, manufacture or have
under his control;
(c) prescribe or administer on himself or on another or
compound;
(d) import, export or transport in any way be concerned with the
importation, exportation or transportation, of any narcotic
drug. [P.L. 1987-11, §3.]
§904. Exemption for medical use.
(1) The provisions of Section 903 of this Chapter shall not apply to the
possession of narcotic drugs by a medical practitioner or by an
authorized agent of such practitioner under his supervision, in
accordance with a license granted under Section 907 of this Chapter:
(a) as incidental to his administering or dispensing a medicine,
drug or other substance in the course of his professional panty;
or
(b) for the purpose of or incidental to research, teaching, or
chemical analysis done with the approval of the Public Health
Board.
(2) The provisions of Section 903 of this Chapter shall not apply to:
(a) a person in possession of narcotic drugs obtained pursuant to
a valid prescription of a medical practitioner or otherwise in
accordance with the law;
(b) dispensing of any narcotic drug pursuant to a valid
prescription or to a person who is lawfully entitled under the
law to be in possession of it.
(3) The provisions of Section 903 of this Chapter shall not apply to the
Government of the Marshall Islands which shall be the sole importer
and distributor of narcotic drugs. [P.L. 1987-11, §4.]
§905. Professional use of narcotic drugs.
A medical practitioner, in good faith and in the course of his professional
practice only may prescribe, administer, or dispense narcotic drugs, or may
cause the same to be administered by a nurse or intern under his direction
and supervision. [P.L. 1987-11, §5.]
§906. Obtaining drugs from a medical practitioner while under treatment
from another.
(1) No person, who in the course of treatment is supplied with narcotic
drugs or a prescription therefor by a medical practitioner, shall obtain
narcotic drugs or a prescription therefor from another medical
practitioner without disclosing to him that he has been treated and
supplied with narcotic drugs or a prescription therefor by another
medical practitioner.
(2) No medical practitioner shall knowingly prescribe or dispense any
narcotic drugs to any person, if that person has been treated and
supplied with or prescribed any narcotic drugs by another medical
practitioner within a reasonable time prior to his examination with
respect to the same sickness. [P.L. 1987-11, §6.]
§907. Issuance of licenses.
(1) No medical practitioner shall possess narcotic drugs for purposes
referred to in Section 904 of this Chapter except upon a valid license
issued by the Public Health Board and subject to such terms and
conditions imposed in such license by the Board.
(2) The Public Health Board may, subject to such terms and conditions
referred to in Subsection (1) of this Section, in its sole discretion, issue
licenses to medical practitioners for the purchase from the
Government of the Marshall Islands and for the possession thereof
narcotic drugs for their professional work.
(3) The license issued under Subsection (2) of this Section shall specify
the name of the drug or drugs and the exact quantity, and shall be
valid for a period of one year.
(4) The Public Health Board may, at any time, revoke the license granted,
if it is found by the Board, after inquiry, that the medical practitioner
has violated the provisions of this Chapter or the regulations made
under Section 911 of this Chapter, or the terms and conditions of the
license. [P.L. 1987-11, §7.]
§908. Records to be kept.
(1) Every medical practitioner and a person acting under him shall keep
a record of all narcotic drugs received and administered, dispensed,
or used by him. The record of drugs received shall contain the date,
the name of the person from whom received, and the kind and
quantity of drugs. The record of drugs sold, administered, or
dispensed, shall contain the date, name of the person for whom sold,
administered or dispensed and the kind and quantity of drugs. Every
such record shall be kept for a period of two (2) years from the date of
the transaction so recorded.
(2) The Public Health Board shall have the power, through an authorized
officer, to examine such records anytime during reasonable hours,
and it shall be the duty of such medical practitioner or his agent to
permit and make available to such officer such records for
examination.
(3) A medical practitioner who fails to keep proper records in accordance
with Subsection (1) of this Section or who fails to keep proper
records, or who refuses an authorized officer to examine such records
shall be guilty of an offense and shall upon conviction be liable to a
fine not exceeding $5,000 or to a term of imprisonment not exceeding
one year, or both. [P.L. 1987-11, §8.]
§909. Penalties.
(1) Every person who violates this Chapter with respect to marijuana
shall, upon conviction, be punished as follows:
(a) upon a first offense involving one ounce or less, a fine of not
less than $1,000 and not exceeding $5,000 or imprisonment of
not less than six months and not exceeding one year, or both;
(b) upon a first offense involving more than one ounce, a second
or subsequent conviction involving one ounce or less, a fine of
not less than $5,000 and not exceeding $25,000 or a term of
imprisonment of not less than one year and not exceeding five
years, or both;
(c) upon a second or subsequent conviction involving more than
one ounce, a fine of not less than $25,000 and not exceeding
$50,000 or a term of imprisonment of not less than five years
and not exceeding fifteen years, or both;
(2) Every person who violates this Chapter with respect to a narcotic
drug or marijuana concentrate shall, upon conviction, be punished
as follows:
(a) upon a first offense involving less than one-quarter ounce, a
fine of not less than $5,000 and not exceeding $50,000 or a term
of imprisonment of not less than one year and not exceeding
fifteen years, or both;
(b) upon a first offense involving one quarter ounce or more but
less than one-half ounce, or upon a second offense involving
less than one-quarter ounce, a fine of not less than $25,000 and
not exceeding $100,000 or a term of imprisonment of not less
than five years and not exceeding twenty-five years, or both;
(c) upon any offense involving one-half ounce or more, a second
or subsequent offense involving one-quarter ounce or more
but less than one half ounce, or a third or subsequent offense
involving less than one-quarter ounce, a fine of riot less than
$100,000 or a term of imprisonment of not less than twenty-
five years, or both.
(3) Any narcotic drug, marijuana concentrate, or marijuana seized under
the provisions of this Chapter shall be forfeited. [P.L. 1987-11, §9 amended byP.L. 1992-6, §3.]
§910. Seizure and forfeiture.
(1) All goods and vehicles, ships, aircraft and carriages in any way used
or made use of in the transportation, importation, or exportation of
narcotic drugs being substantially the object of the travel, flight or
voyage, shall be seized and be liable to forfeiture; and such seizure of
vehicles, ships, aircraft or carriages shall include the guns, tackle,
apparel, instruments and furniture of the same; and such seizure of
any goods shall include all other goods which shall be packed with
them, as well as packages in which they are contained and all other
things made use of in the transportation, importation, or exportation
of narcotic drugs.
(2) The owner of the goods, vehicles, ships, aircraft or carriages seized
under Subsection (1) of this Section may, within one month from the
date of seizure, make a claim in the High Court for recovery of the
same. If after trial the Court finds that the goods or the object of the
travel, flight or voyage of the vehicles, ships, aircraft and or carriages
used in the transportation, importation or exportation of narcotic
drugs was for the commission of an offense, the Court shall forfeit the
same. If no claim is presented within the time prescribed above, the
goods, vehicles, ships, aircraft or carriages seized, shall forfeit to the
Republic.
(3) All goods, vehicles, ships, aircraft, carriages and all other things
forfeited under Subsection (2) of this Section and under Title 18,
Sections 981, 982, 1963 and 2513 and Title 21, Sections 853 and 881 of
the United States Code, and any laws enacted by the Government of
the Republic of the Marshall Islands or the Government of the United
States after the effective date of this Subsection which provide for the
forfeiture of any property to the Government of the Republic because
of the activities of the Department of Public Safety, Division of
Customs, Department of Immigration, Marshall Islands Marine
Resources Authority, Ministry of Foreign Affairs or any other agency
of the Government of the Republic shall be transferred directly to the
Department of Public Safety for its use unless the Commissioner of
Public Safety determines that said property is not suitable for
Department of Public Safety use, in which case the property shall be
disposed of by the Republic under the customs laws then in force.
Property obtained pursuant to this Section shall be used to enhance the law
enforcement capability of the Department of Public Safety and the Office of
the Attorney-General and shall not be used as a substitute for property
ordinarily acquired through the appropriation process. [P.L. 1987-11, §10; amended byP.L.. 1991-137, §2.]
§911. Regulations.
The Secretary of Health may make regulations with regard to the:
(a) distribution and sale of drugs to medical practitioners;
(b) issuance of licenses and any terms and conditions for issuance
of licenses;
(c) names and quantities of drugs;
(d) method of keeping records under Section 908 of this Chapter;
(e) method and conditions of cancellation of licenses;
(f) matters connected with or incidental to the provisions of this
Chapter. [P.L. 1987-11, §11.]
§912. Distribution or Drugs to Minors.
(1) Every person who distributes any amount of marijuana to a minor
shall, upon conviction, be punished with a fine of not less than
$25,000 and not exceeding $50,000 or a term of imprisonment of not
less than five years and not exceeding fifteen years, or both.
(2) Every person who distributes any amount of a narcotic drug or
marijuana concentrate to a minor shall, upon conviction, be punished
with a fine of not less than $100,000 or a term of imprisonment of not
less than twenty-five years, or both. [P.L. 1992-6, §4.]