A LAW to make provision with respect to dangerous or otherwise harmful drugs and related matters and for purposes connected therewith

[Gazetted 30th October, 1981]

1.--

(1) This Law may be cited as the

MISUSE OF DRUGS LAW

(2) This Law shall come into operation on such day as the Minister may by order published in the Gazette appoint and different dates may be appointed under this subsection for different purposes.

2.--

(1) In this Law -

"The Advisory Council" means the Advisory Council established under this Law; "cannabis" (except in the expression 'cannabis resin') means any plant of the genus Cannabis or any part of any such plant (by whatever name designated) except that it does not include cannabis resin or any of the following products after separation from the rest of the plant, namely--------

(a) mature stalk of any such plant,

(b) fibre produced from mature stalk of any such plant, and

(c) seed of any such plant;

"Cannabis resin" means the separated resin, whether crude or purified, obtained from any plant of the genus Cannabis;

"contravention" includes a failure to comply, and "contravene" has a corresponding meaning;

"controlled drug" has the meaning assigned to it by section 4 of this Law;

"dentist" means a person registered in the dentists' register under the Medical Practitioners and Dentists Registration Ordinance;

:doctor" means a person registered in the medical register under the Medical Practitioners and Dentists Registration Ordinance;

"Minister" means the Minister responsible for Health;

pharmacist" and "pharmacy" have the same meaning as in the Pharmaceutical Association and Pharmacy Law 1979'

"practitioner" means a doctor, dentist or veterinary surgeon;

"prepared opium" means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked;

"prescribed: means prescribed by regulations made by the Minister;

"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;

"supplying" includes distributing;

"veterinary surgeon" means a person registered in the Veterinary Surgeons' Register under The Medical Practitioners and Dentists Registration Ordinance.

(2) References in this Law to misusing a drug are references to misusing it by taking it; and the reference is a reference to the taking of it by a human being by way of any form of self-administration, whether or not involving assistance of another.

(3) For the purpose of this Law the things which a person has in his possession shall be taken to include any thing subject to his control which is in the custody of another.

3.--

(1) There shall be constituted in accordance with Schedule 1 to this Law an Advisory Council on the Misuses of Drugs (in this Law referred to as the "Advisory Council"), and the supplementary provisions contained in that Schedule shall have effect in relation to the Council.

(2) It shall be the duty of the Advisory Council to keep under review the situation in Grenada with respect to drugs which are being or appear to them likely to be misused and of which the misuse is having or appears to them capable of having harmful effects sufficient to constitute a social problem, and another to give to the Minister advice on measures (whether or not involving alteration of the Law) which in the opinion of the Council ought to be taken for preventing the misuse of such drugs or dealing with social problems connected with their misuse, and in particular on measures which in the opinion of the Council, ought to be taken---------

(a) for restricting the availability of such drugs or supervising the arrangements for the supply;

(b) for enabling persons affected by the misuse of such drugs to obtain proper advice, and for securing the provision of proper facilities and services for the treatment, rehabilitation and after-care of such persons;

(c) For promoting co-operation between various professional and community services which in the opinion of the Council have a part to play in dealing with social problems connected with the misuse of such drugs;

(d) for educating the public (and in particular the young) in the dangers of misusing such drugs, and for giving publicity to those dangers; and

(e) for promoting research into, or otherwise obtaining information about any matter which in the opinion of the Council is of relevance for the purpose of preventing the misuse of such drugs or dealing with any social problem connected with their misuse.

(3) It shall be the duty of the Advisory Council to consider any matter relating to drug dependency or the misuse of drugs which may be referred to them by the Minister and to advise the Minister thereon.

4.--

(1) In this Law --

(a) The expression "controlled drug" means any substance or product for the time being in Part I, II or III of Schedule 2 to this Law; and

(b) The expressions "Class A drug", "Class B drug', and Class C drug: mean any of the substances and products for the time being specified respectively in Part I, Part II and Part III of that 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 after consultation with the Advisory Council, by order published in the Gazette make such amendments in Schedule 2 to this Law as may be requisite for the purpose of adding any substance or product to, or removing any substance or product from any of Parts I to III of that Schedule.

(3) An order under this section may amend Part IV of Schedule 2 to this Law, and may do so whether or not it amends any other part of that Schedule.

5.--

(1) Subject to subsection (2) below---

(a) the importation of a controlled drug; and

(b) the exportation of a controlled drug, are hereby prohibited.

(2) Subsection (1) above does not apply---

(a) to the importation or exportation of a controlled drug which is for the time being excepted from paragraph (a) or paragraph (b) of subsection (1) above by regulation under section 9 of the Law; or (b) to the importation or exportation of a controlled drug under and in accordance with the terms of licence issued by the Minister and in compliance with any conditions attached thereto.

6.--

(1) Subject to any regulations under section 9 for the time being in force it shell not be lawful for a person---

(a) to produce a controlled drug; or

(b) to supply or offer to supply a controlled drug to another

(2) Subject to section 25 of this Law, it is an offence for a person----

(a) to produce a controlled drug in contravention of subsection (1) above; or

(b) to be concerned in the production of such a drug in contravention of that subsection by another

(3) Subject to section 25 of this Law, it is an offence for a person---

(a) to supply or offer to supply a controlled drug in contravention of subsection (1) above; or

(b) to be concerned in the supply of such a drug to another in contravention of that subsection; or

(c) to be concerned in the making to another in contravention of that subsection of an offer to supply such a drug.

7.--

(1) Subject to any regulations under section 9 of this Law for the time being in force, it shall not be lawful for a person to have a controlled drug in his possession.

(2) Subject to section 25 of this Law and to subsection (4) below, it is an offence for a person to have a controlled drug in his possession in contravention of subsection (1) above.

(3) Subject to section 25 of this Law, it is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of section 6 (1) of the Law

(4) In any proceedings for an offence under subsection (2) above in which it is proved that the accused 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 person lawfully entitled to take custody of it; or

(b) 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 person lawfully entitled to take custody of it 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 a person.

[transcription stops here - complicated, detailed charts, plus additional points of law]

Notes:

Class A Drugs - Cannabinol, except where contained in cannabis or cannabis resin - Cannabinol derivatives - Coca leaf - Cocaine

Class B Drugs - Cannabis and cannabis resin - codeine - Dexamphetamine.

For example: Section 8(2) Cultivation of Cannabis Plant sentence is 12 months or $2500 or both.
Another example: Section 7(2) Having possession of a controlled drug - Class B Cannabis - 6 months or $2500 or both.