Announcement Of Law On Euphoriant Substances

Original Language Title: Bekendtgørelse af lov om euforiserende stoffer

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=120356

Announcement of law on euphoriant substances

Hereby promulgated law on euphoriant substances referred to in article 6. lovbekendtgørelse nr. 391 of 21. July 1969, with the changes brought about by Act No. 296 of 9. June 1971, law No. 160 of 28. April 1982, law No. 1054 of 11. December 1996, law No. 445 of 9. June 2004, Act No. 526 of 6. June 2007 and Act No. 535 of 17. June 2008.

§ 1. The Minister for health and prevention is hereby authorised to provide that substances which in accordance with international agreements or in accordance with the Board of Health's beauty is posing particular danger on the occasion of their euphoriant properties, must not be allowed to exist in this country, unless the Minister in exceptional circumstances and on detailed conditions laid down by him shall grant permits. A given permission can later be revoked.

(2). The Minister for health and prevention can determine that the euphoriant substances covered by paragraph 1 inputs and can be performed, sold, purchased, dispensed, received, produced, processed, held and used in medical purposes as part of medical treatment of persons for drug abuse.

(3). Apart from matters covered by an authorisation in accordance with paragraph 1 or a treatment in accordance with paragraph 2 is in-and export, sale, purchase, dispensing, receipt, manufacture, processing, and possession of such substances shall be prohibited.

§ 2. The Minister for health and prevention is hereby authorised to provide that substances as well is not of the type referred to in paragraph 1, but after international decisions or after the National Board of Health's discretion is posing a danger on the occasion of their euphoriant properties, here in the country may only be used in medical or scientific purposes.

(2). Check-in and export, sale, purchase, dispensing, receipt, manufacture, processing, and possession of these substances is permitted for pharmacists and for persons or companies, which by the Minister for health and prevention have been given special permission to do so. The Minister may establish general restrictions with regard to the person's undertaking in this respect and also across from any of these establish specific limitations, just like he can curtail or revoke the rights with regard to the substances.

(3). Purchase and reception from pharmacists and possession of substances is also allowed for those who receive the drugs under an ordinary-law legal prescription or quote, see. section 26 of Act No. 209 of 11. June 1954 on pharmacy care and the regulations issued in pursuance thereof.

(4). In addition, inbound and exportation, sale, purchase, dispensing, receipt, manufacture, processing, and possession of those substances shall be prohibited.

section 2 (a). the provisions of sections 1 and 2 shall apply mutatis mutandis to substances that can be converted into drugs with narcotic properties.

§ 3. Violation of this law or by virtue of it lays down are punishable by fine or imprisonment up to 2 years. By measure of punishment, including by setting fines, the emphasis should be on the harmful effects of these substances. Warning can in General not be notified unless social conditions speak to announce a warning and possession of the drug is reflected by a strong dependence as a result of a lengthy and sustained abuse of narcotic substances. In the same way be punished whoever by incorrect or misleading information or at fraudulent concealment obtains or seeks to obtain authorization under the law or regulations, or who act in contravention of the conditions of a given permission. In the same way also the punished, by comments on a prescription or quote on one of the in § 2 or § 2 (a) of the basic regulation. section 2, dealing with drugs or other prescription of the drug gives incorrect written information about its name, place of residence or his position.

(2). By penalty measure, it should be considered a significant aggravating circumstance that there is talk about





1) repeated instances of the sale of a particularly dangerous or harmful substance or

2) sale or unpaid transfer with a view to the subsequent sale of the sections 1 and 2 substances referred to in restaurants, including discos, or at concerts or music festivals. Similarly at other events where it typically are mainly children or young people who participate.





(3). With the same punishment as referred to in paragraph 1 be punished anyone who knowingly receives or obtains one or other part of a gain that is acquired by a of paragraph 1 1. paragraph, subject to violations, as well as the, which during storage, transport, disposal or similarly help deliberately works to ensure another yield of such a violation.

section 3 (a). That may be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

§ 4. Upon the entry into force of this law shall be repealed law No. 53 of 6. March 1936 on the manufacture of and trade in opium, etc., as this law is amended by law No. 495 of 14. December 1948. (2nd-4th period (transitional provisions) are omitted here).

(2). The Government is hereby authorized by Royal. device to put this law into force on the Faroe Islands.

(3). The law applies to Greenland with the modifications resulting from the for the region, moreover, specific legislation in force.




Act No. 296 of 9. June 1971 on the abolition of the audit provisions concerning law on euphoriant substances and civil criminal law § 191, relating to section 4, contains no separate entry-into-force provision. 1)



  






Lov nr. 160 of 28. April 1982 amending the Civil Penal Code and the law on euphoriant substances ("Drug racket '), relating to section 3, includes the following entry-into-force provisions:



§ 3

The law shall enter into force on the 1. May 1982.

§ 4

(1). The law does not apply to the Faroe Islands, but may by Royal Decree in whole or in part, be in force for the Islands.

(2). The law does not apply to Greenland, but section 2 may, by Royal Decree be put in force for this region with the variances, as the special Greenlandic conditions warrant. 2)




Act No. 1054 of 11. December 1996 amending the Act on euphoriants (Penalty toughening of repeated trafficking in hard drugs), which relates to section 3, includes the following entry-into-force provisions:



§ 2

The law shall enter into force on the day after publication in the Official Gazette. 3)

§ 3

The law does not apply to the Faroe Islands and Greenland but may by Royal Decree is implemented in these regions with the variances, as the special Faroese and Greenlandic conditions warrant.




Act No. 445 of 9. June 2004 amending the Act on euphoriants and the punishment enforcement code (Stricter action against drug, etc.) relating to articles 3 and 3A, includes the following entry-into-force provisions:



§ 3

The law shall enter into force on the 1. July 2004.

§ 4

(1). Paragraph 1 shall not apply to the Faroe Islands and Greenland but may by Royal Decree is put into force in whole or in part for these regions with the variances, as the special Faroese or Greenlandic circumstances warrant. 4)




(2nd paragraph (concerns the punishment enforcement code) is omitted here.)






Act No. 526 of 6. June 2007 amending law on euphoriant substances (higher fines in drug cases) relating to section 3, includes the following entry-into-force provisions:



§ 2

The law shall enter into force on the 1. July 2007.

§ 3

The law does not apply to the Faroe Islands and Greenland but may by Royal Decree is put into force in whole or in part for these regions with the variances, as the special Faroese and Greenlandic conditions warrant.




Act No. 535 of 17. June 2008 amending the law on euphoriant substances (prescription of heroin as part of medical treatment of drug addicts), which relates to section 1, includes the following entry-into-force provisions:



§ 2

The law shall enter into force on the 1. July 2008.

§ 3

The law does not apply to the Faroe Islands and Greenland but may by Royal Decree is put into force in whole or in part, on behalf of the Faroe Islands with the derogations which the special Faroese conditions warrant.
The Ministry of health and prevention, the 1. July 2008 Jakob Axel Nielsen/Lars Petersen Official notes 1) Law was known in the Official Gazette on 30. June 1971.

2 § 2) relate law on euphoriant substances.

3) Law was known in the Official Gazette on 12. December 1996.

4) § 1 concerns the law on euphoriant substances.