HIS IMPERIAL AND ROYAL MAJESTY’S OWN OFFICE
A bill to make new provision with respect to dangerous or otherwise harmful drugs and related matters, and for purposes connected therewith.
WE, the EMPEROR OF KARNIA AND KING OF RUTHENIA, King of Bessabia, King of Acrin, King of Horvatia, Szolnók, Geza, Letingia, Escandia, King of Jestia, etc.; Archduke of Karnia, Grand Duke of Gaussland, Caledonia; Duke of Ladislavia, Hoheneinsamkeit, Weißeswasser, Csorna, Chedowski, Balaton; Grand Prince of Karcag, Margrave of Luftrein, Duke of Persenburg, Götzödorf, Mohács, Pannonhalm, Podenbrad, Gyalla, Oswiencin, Zallanta, Cieszpreg, Fertodin, Rugoz, Árpád; Princely Count of Bihar, Tamaz, Koberg, Gerizia, Grevenia; Prince of Thomaz-Rocha, Bersód; Margrave of Upper and Lower Lusitia; Count of Heves, Feldkirchenberg, Brevento, Szentes, etc.; Lord of Fürstenbergserdboden, Kazin, etc., etc. etc., in full harmony with the Imperial Constitution, and in full compliance with the provisions of article 65, subsection XI, decree the following:—
ARTICLE I. It shall be the duty of the Government to keep under review the situation in the Empire 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.
ARTICLE II. 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 must be enforced and promoted the co-operation between the various professional and community services which in the opinion of the Government have a part to play in dealing with social problems connected with the misuse of such drugs. For educating the public (and in particular the young) in the dangers of misusing such drugs, and for giving publicity to those dangers; and for promoting research into, or otherwise obtaining information about, any matter which in the opinion of the Government is of relevance for the purpose of preventing the misuse of such drugs or dealing with any social problem connected with their misuse.
ARTICLE III. It shall also be the duty of the Government to consider any matter relating to drug dependence or the misuse of drugs which may be referred to them in question thereon, and in particular to consider and advise the Chancellor with respect to any communication referred by him to the Government, being a communication relating to the control of any dangerous or otherwise harmful drug made to His Majesty's Government by any organisation or authority established by or under any treaty, convention or other agreement or arrangement to which that Government is for the time being a party.
Controlled drugs and their classification
ARTICLE IV. In this Bill:
a. the expression "controlled drug" means any substance or product for the time being specified in Part I, II, or III of Schedule 2 to this Act; 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 N of that Schedule shall have effect with respect to the meanings of expressions used in that Schedule.
ARTICLE V. His Majesty may by Imperial Decree make amendments to this Bill as may be requisite for the purpose of adding any substance or product to, or removing any substance or product from, including amendments for securing that no substance or product is for the time being specified in a particular one of those Parts or for inserting any substance or product into any of those Parts in which no substance or product is for the time being specified.
Restrictions relating to controlled drugs etc.ARTICLE VI. Subject to subsection below:
a. the importation of a controlled drug; and
b. the exportation of a controlled drug,
are hereby prohibited.
ARTICLE VII. The Subsection above does not apply:
a. to the importation or exportation of a controlled drug which is for the time being excepted from paragraph;
b. or, as the case may be, paragraph "b" of subsection above by regulations of this Act; or
c. to the importation or exportation of a controlled drug under and in accordance with the terms of a licence issued by the Government and in compliance with any conditions attached thereto.
ARTICLE VIII. Subject to any regulations for the time being in force, it shall 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.
ARTICLE IX. Subject to this Act, it is an offence for a person:
a. to produce a controlled drug in contravention of subsection above; or
b. to be concerned in the production of such a drug in contravention of that subsection by another.
c. to supply or offer to supply a controlled drug to another in contravention of subsection above.
d. to be concerned in the supplying of such a drug to another in contravention of that subsection.
e. to be concerned in the making to another in contravention of that subsection of an offer to supply such a drug.
ARTICLE X. Subject to any regulations under this Act for the time being in force, it shall not be lawful for a person to have a controlled drug in his possession.
ARTICLE XI. Subject to this Act, 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 this Act.
ARTICLE XII. In any proceedings for an offence under subsection 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.
Single paragraph. Nothing in subsections above shall prejudice any defence which it is open to a person charged with an offence under this section to raise apart from that subsection.
ARTICLE XIII. Subject to any regulations under this Act for the time being in force, it shall not be lawful for a person to cultivate any plant of the genus Cannabis.
ARTICLE XIV. Without prejudice, regulations under that subsection authorising the doing of any such thing. as is mentioned in that paragraph may in particular provide for the doing of that thing to be lawful:
a. if it is done under and in accordance with the terms of a licence or other authority issued by the Government and in compliance with any conditions attached thereto; or
b. if it is done in compliance with such conditions as may be prescribed.
c. that it is not unlawful for a doctor, dentist, veterinary practitioner or veterinary surgeon, acting in his capacity as such, to prescribe, administer, manufacture, compound or supply a controlled drug, or for a pharmacist or a person lawfully conducting a retail pharmacy business, acting in either case in his capacity as such, to manufacture, compound or supply a controlled drug; and
d. that it is not unlawful for a doctor, dentist, veterinary practitioner, veterinary surgeon, pharmacist or person lawfully conducting a retail pharmacy business to have a controlled drug in his possession for the purpose of acting in his capacity as such.
Miscellaneous ojences involving controlled drugs etc.
ARTICLE XV. A person commits an offence if, being the occupier or concerned in the management of any premises, he knowingly permits or suffers any of the following activities to take place for permittingon those premises, that is to say:
a. producing or attempting to produce a controlled drug activities in contravention to this Act.
b. supplying or attempting to supply a controlled drug to another, or offering to supply a controlled drug to another;
c. preparing opium for smoking;
d. smoking cannabis, cannabis resin or prepared opium.
ARTICLE XVI. Subject to section of this Act, it is an offence for a person:
a. to smoke or otherwise use prepared opium;
b. to frequent a place used for the purpose of opium smoking; or
c. to have in his possession:
i. any pipes or other utensils made or adapted for use in connection with the smoking of opium, being pipes or utensils which have been used by him or with his knowledge and permission in that connection or which he intends to use or permit others to use in that connection; or
ii. any utensils which have been used by him or with his knowledge ,and permission in connection with the preparation of opium for smoking.
Powers of Government for preventing misuse of controlled drugs
ARTICLE XVII. Subject to the provisions of this Act, the Government may by regulations make such provision as appears to him necessary or expedient for preventing the misuse of controlled controlled drugs.
ARTICLE XVIII. Without prejudice, regulations under this section may in particular make provisions:
a. for requiring precautions. to be taken for the safe custody of controlled drugs;
b. for imposing requirements as to the documentation of transactions involving controlled drugs, and for requiring copies of documents relating to such transactions to be furnished to the prescribed authority;
c. for 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;
d. for the inspection of any precautions taken or records kept in pursuance of regulations under this section;
e. as to the packaging and labelling of controlled drugs;
f. for regulating the transport of controlled drugs and the methods used for destroying or otherwise disposing of such drugs when no longer required;
g. for regulating the issue of prescriptions containing controlled drugs and the supply of controlled drugs on prescriptions, and for requiring persons issuing or dispensing prescriptions containing such drugs to furnish to the prescribed authority such information relating to those prescriptions as may be prescribed;
h. for requiring any doctor who attends a person who he considers, or has reasonable grounds to suspect, is addicted, (within the meaning of, the regulations) to controlled drugs of any description to furnish to the prescribed authority such particulars with respect to that person as may be prescribed;
i. for prohibiting any doctor from administering, supplying and authorising the administration and supply to persons so addicted, and from 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 Government in pursuance of the regulations.
Law enforcement and punishment of offences
ARTICLE XIX. The Judicature shall, for the purposes of the execution of this Act, have power to enter the premises of a 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.
ARTICLE XX. If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this Act or of any regulations made thereunder, the constable may accuse him for the purpose of have him tried.
ARTICLE XXI. If a constable (representative of justice) 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 case of a transaction or dealing carried out or intended to be carried out in a place outside the Empire, an offence against the provisions of a corresponding law in force in that place, is in the possession of a person on any premises,
he may grant a warrant authorising any constable acting for the policial force in which the premises are situated at any time or times within one month from the date of the warrant, 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 to judge the offender.
ARTICLE XXII. A person commits an offence if he:
a. intentionally obstructs a person in the exercise of his powers under this section; or
b. conceals from a person acting in the exercise of his powers under subsection above any documents, such books, stocks or drugs as are mentioned in that subsection; or
c. without reasonable excuse (proof of which shall lie on him) fails to produce any such books or documents as are so mentioned where their production is demanded subsection by a person in the exercise of his powers under that subsection.
ARTICLE XXIII. An offence under this Act shall be punishable on summary conviction, on indictment or in either way according to whether, the substantive offence is punishable on summary conviction, on indictment or in either way ; and the punishments which may be" imposed on a person convicted of an offence under that section are the same as those which, may be imposed on a person convicted of the substantive offence.
Single paragraph. In this subsection "the substantive offence" means the offence under this Act to which the attempt or, as the case may be, the incitement or attempted incitement mentioned was directed.
ARTICLE XXIV. In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:
a. "cannabis" (except in the expression "cannabis resin") means the flowering or fruiting tops of any plant of the genus Cannabis from which the resin has not been extracted, by whatever name they may be designated;
b. "cannabis resin" means the separated resin, whether crude or purified, obtained from any plant of the genus Cannabis;
c. "contravention" includes failure to comply, and "contravene" has a corresponding meaning;
d. "controlled drug" has the meaning assigned by this Act;
e. "person lawfully conducting a retail pharmacy business", means a person lawfully conducting such a business;
f. "practitioner" (except in the expression " veterinary practitioner") means a doctor, dentist, veterinary practitioner or veterinary surgeon;
g. "prepared opium" means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked;
h. "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;
i. "supplying" includes distributing.
CLASS A DRUGS
1. The following substances and products, namely:
Cannabinol, except where contained in cannabis or cannabis resin.
Ecgonine, and any derivative of ecgonine which is convertible to ecgonine or to cocaine.
Lysergide and other N-alkyl
derivatives of lysergamide.
Morphine methobromide, morphine
N-oxide and other
pentavalent nitrogen morphine
Opium, whether raw, prepared or medicinal.
Poppy-straw and concentrate of poppy-straw.
Properidine (1-methyl-4-phenylpiperidine-4-carboxylic acid isopropyl ester).
1-Methyl-4-phenylpiperidine-4- carboxylic acid.
4-Phenylpiperidine-4-carboxylic acid ethyl ester.
CLASS B DRUGS
1. The following substances and products, namely : -
Cannabis and cannabis resin.
CLASS C DRUGS
1. The following substances, namely:
MEANING OF CERTAIN EXPRESSIONS USED IN THIS SCHEDULE
For the purposes of this Schedule the following expressions have the meanings hereby assigned to them respectively, that is to say:
a. "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;
b. "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;
c. "concentrate of poppy-straw" means the material produced when poppy-straw has entered into a process for the concentration of its alkaloids;
d. "medicinal opium" means raw opium which has undergone the process necessary to adapt it for medicinal use, 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;
e. "opium poppy" means the plant of the species Papaver somniferum L;
f. "poppy straw" means all parts, except the seeds, of the, opium poppy, after mowing;
g. "raw opium" includes powdered or granulated opium but does not include medicinal opium.
Hofbau, 24 MAY 2O18. — His Imperial and Royal Majesty, the Emperor-King.