Dangerous Drugs (Amendment) (Jersey) Law 1965

Jersey Law 17/1965 DANGEROUS DRUGS (AMENDMENT) (JERSEY) LAW, 1965. ____________ A LAW to amend the Dangerous Drugs (Jersey) Law, 1954, to create certain offences in connexion with the drug known as cannabis, to penalize the intentional cultivation of any plant of the genus cannabis and for purposes connected therewith, sanctioned by Order of Her Majesty in Council of the 18th day of SEPTEMBER, 1965. ____________ ( Registered on the 5 th day of November , 1965). ____________ STATES OF JERSEY. ____________ The 9th day of February, 1965. ____________ T HE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law : - PART 1 INTERPRETATION ARTICLE 1 (1) In this Law – “the Commission” means the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations ; “medicinal opium” has the same meaning as in Article 4 of the principal Law ; “the Organisation ” means the World Health Organisation ; “the principal Law” means the Dangerous Drugs (Jersey) Law, 1954 ; 1 “the Single Convention” means the Single Convention on Narcotic Drugs signed at New York on 30th March, 1961. (2) For the purposes of this Law and the principal Law – “cannabis” (except where used 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 ; “cannabis resin” means the separated resin, whether crude or purified, obtained from any plant of the genus cannabis ; “opium poppy” means the plant of the species Papaver somniferum L ; “poppy-straw” means all parts except the seeds of the opium poppy, after mowing. (3) The specification in paragraph 1 of the Schedule to this Law of a substance shall, if the existence of isomers of that substance is possible within the specific chemical designation thereof, be taken to comprehend the specification of any isomer of that substance whose existence is possible as aforesaid, and references in paragraphs 2, 3, 8, 13 and 14 of that Schedule to a substance for the time being specified in the said paragraph 1 shall be construed accordingly. PART II AMENDMENTS OF PRINCIPAL LAW ARTICLE 2 In Article 4 of the principal Law 2 (relating to drugs to which Part I of that Law applies) – ( a ) in paragraph (1) for the words “Indian hemp, and resins obtained from Indian hemp and all preparations of which such resins form the base” there shall be substituted the words “poppy-straw, cannabis, cannabis resin and all preparations of which cannabis resin forms the base”; ( b ) sub-paragraph ( d ) of paragraph (2) shall be repealed. ARTICLE 3 (1) In Article 8 of the principal Law 3 (relating to the restriction on importation and exportation of drugs to which Part III of that Law applies) for the reference to a drug to which the said Part III applies there shall be substituted a reference to a substance for the time being specified in Part I of the Schedule to this Law, other than a preparation or other substance for the time being falling within Part II of that Schedule. (2) In Article 9 of the principal Law 3 (relating to the power to control manufacture, sale etc., of drugs to which Part III of that Law applies) for references to the said drugs and to any of them there shall be substituted references respectively to the substances for the time being specified in Part I of the Schedule to this Law and to any of them. (3) Article 10 of the principal Law 4 (relating to drugs to which Part III of that Law applies) is hereby repealed. (4) In Article 13 and in the proviso to paragraph (2) of Article 14 of the principal Law 5 for any reference to drugs to which Part I, II or III of that Law applies or to drugs to which that Law applies there shall be substituted a reference to drugs to which Part I or II of that Law applies and substances for the time being specified in Part I of the Schedule to this Law. ARTICLE 4 Articles 11 and 12 of the principal Law 6 (relating to the control of trade in new drugs) are hereby repealed. ARTICLE 5 In paragraph (2) of Article 20 of the principal Law 7 (which defines “corresponding Law”) the reference to a law providing for the control and regulation in a country outside the Island of the manufacture, sale, use, export and import of drugs in accordance with the provisions of the Hague Convention, the Geneva Convention (No. 1) and the Geneva Convention (No. 2) shall be construed as including a reference to a law providing for the control and regulation in such a country of the manufacture, sale, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention. ARTICLE 6 Where Her Majesty, in pursuance of section 12 of the Dangerous Drugs Act 1965 (of the United Kingdom) has by Order in Council modified Schedule 1 to that Act, the Committee may, by order, make the requisite modifications to the Schedule to this Law by the addition of a substance to, or the removal of a substance from, Part I or II of that Schedule or both the removal of a substance from Part I thereof and the removal of a substance from Part II thereof. PART III NEW OFFENCES CONCERNING CANNABIS AND THE CANNABIS PLANT ARTICLE 7 (1) If a person – ( a ) being the occupier of any premises, permits those premises to be used for the purpose of smoking cannabis or cannabis resin or of dealing in cannabis or cannabis resin (whether by sale or otherwise) ; or ( b ) is concerned in the management of any premises used for any such purpose as aforesaid ; he shall be guilty of an offence against the principal Law. (2) The reference in paragraph (1) of Article 13 of the principal Law 8 to the execution of Parts I, II and III of that Law shall be construed as including a reference to the execution of paragraph (1) of this Article. ARTICLE 8 (1) A person who, except under a licence granted by the Committee, knowingly cultivates any plant of the genus cannabis shall be guilty of an offence against the principal Law. (2) In Article 18 and sub-paragraph ( b ) of paragraph (1) of Article 14 of the principal Law 9 the references to that Law shall include references to paragraph (1) of this Article, and sub-paragraph ( c ) of the said Article 14 shall be construed accordingly. (3) The reference in paragraph (1) of Article 13 of the principal Law to the execution of Parts I, II and III of that Law 8 shall be construed as including a reference to the execution of paragraph (1) of this Article. PART IV SHORT TITLE ARTICLE 9 This Law may be cited as the Dangerous Drugs (Amendment) (Jersey) Law, 1965, and this Law and the principal Law may be cited together as the Dangerous Drugs (Jersey) Laws, 1954 and 1965. SCHEDULE SUBSTANCES DEALINGS IN WHICH ARE TO BE SUBJECT TO CONTROL UNDER PART III OF THE DANGEROUS DRUGS (JERSEY) LAW, 1954 PART I SUBSTANCES DEALINGS IN WHICH ARE TO BE SUBJECT TO CONTROL SUBJECT, AS REGARDS IMPORTATION AND EXPORTATION, TO THE EXCEPTIONS SET OUT IN PART II 1. The following substances, namely : - Acetyldihydrocodeine Furethidine Allylprodine Hydrocodone ( dihydrocodeinone ) Alphacetylmethadol Alphameprodine Hydromorphinol . Alphamethadol Hydromorphone Alphaprodine Hydroxypethidine Anileridine Isomethadone Benzethidine Ketobemidone Benzylmorphine (3-benzylmor-phine) Levomethorphan Levomoramide Betacetylmethadol Levophenacylmorphan Betameprodine Levorphanol Betamethadol Metazocine Betaprodine Methadone Clonitazene Methadyl acetate Cocaine Methyldesorphine Codeine Desomorphine Methyldihydromorphine (6-methyldihydromorphine). Dextromoramide Metopon Dextropropoxyphene Morpheridine Diamorphine Morphine Diampromide (N-[2-(N-methyl- phenethylamino ) propyl ] propionanilide ) Diethylthiambutene Morphine methobromide , morphine-N-oxide and other pentavalent nitrogen morphine derivatives Dihydrocodeine Myrophine Dihydromorphine Nicocodine Dimenoxadole . Dimepheptanol Nicomorphine (3, 6-dinicotinoyl-morphine) Dimethylthiambutene Noracymethadol . Dioxaphetyl butyrate Norcodeine Diphenoxylate Norlevorphanol Dipipanone Normethadone Ecgonine Normorphine Ethylmethlylthiambutene Norpipanone Ethylmorphine (3-ethylmorphine) Oxycodone Oxymorphone Etonitazene Pethidine Etoxeridine Phenadoxone Fentanyl Phenampromide Phenazocine Thebaine Phenomorphan Trimeperidine Phenoperidine . Pholcodine 4-Cyano-2-dimethylamino-4, 4-diphenylbutane Piminodine . Proheptazine 4-Cyano-I-methyl-4-phenyl-piperidine Properidine (I-methyl-4-phenyl-piperidine-4-carboxylic acid isopropyl ester) I- Methyl-4-phenylpiperidine-4-carboxylic acid 2-Methyl-3-morpholino-I, I- diphenylpropanecarboxylic acid Racemethorphan Racemoramide Racemorphan 4-Phenylpiperidine-4-carboxylic acid ethyl ester Thebacon 2. Any ester (other than one expressly mentioned in paragraph 1 above) or ether (other than one so mentioned) of a substance for the time being specified in that paragraph. 3. Any salt of a substance for the time being specified in paragraph 1 or 2 above. 4. Any derivative of ecgonine which is convertible to ecgonine or to cocaine. 5. Concentrate of poppy-straw (that is to say, the material arising when poppy-straw has entered into a process for the concentration of its alkaloids). 6. Medicinal opium. 7. Any extract or tincture of cannabis. 8. Any preparation, admixture, extract or other substance containing any proportion of a substance for the time being specified in paragraph 1 above or in any of paragraphs 2 to 7 above. PART II PREPARATIONS AND OTHER SUBSTANCES WHOSE IMPORTATION AND EXPORTATION ARE EXCEPTED FROM CONTROL 9. - (1) A preparation of not more than one of the substances to which this paragraph applies, when – ( a ) compounded with one or more other ingredients in such a way that the preparation has no, or a negligible, risk of abuse, and that the substance cannot be recovered by readily applicable means or in a yield which would constitute a risk to health ; and ( b ) containing not more than 100 milligrammes of the substance per dosage unit and with a concentration of not more than 2.5 per cent. in undivided preparations. (2) The substances to which this paragraph applies are acetyldihydrocodeine , codeine, dextropropoxyphene , dihydrocodeine , ethylmorphine (3-ethylmorphine), norcodeine , pholcodine and their respective salts. 10. A preparation of cocaine containing not more than 0.1 per cent. of cocaine calculated as cocaine base, being a preparation compounded with one or more other ingredients in such a way that the preparation has no, or a negligible, risk of abuse, and that the cocaine cannot be recovered by readily applicable means or in a yield which would constitute a risk to health. 11. A preparation of medicinal opium or of morphine containing (in either case) not more than 0.2 per cent. of morphine calculated as anhydrous morphine base, being a preparation compounded with one or more other ingredients in such a way that the preparation has no, or a negligible, risk of abuse and that the opium or, as the case may be, the morphine, cannot be recovered by readily applicable means or in a yield which would constitute a risk to health. 12. Solid dose preparations of diphenoxylate containing, per dosage unit, not more than 2.5 milligrammes of diphenoxylate calculated as base and not less than 25 microgrammes of atropine sulphate . 13. Pulvis Ipecacuanhae et Opii Compositus : - 10 per cent. opium, in powder, 10 per cent. ipecacuanha root, in powder, well mixed with 80 per cent. of any other powdered ingredient containing neither a drug to which Part I or II of the principal Law applies nor a substance for the time being specified in paragraph 1 of this Schedule or in any of paragraphs 2 to 8 thereof. 14. Mixtures containing not more than one of the preparations specified in paragraphs 9 to 13 above, being mixtures whereof none of the other ingredients is either a drug to which Part I or II of the principal Law applies or a substance for the time being specified in paragraph 1 of this Schedule or in any of paragraphs 2 to 8 thereof. A.D. LE BROCQ, Greffier of the States. 1 Tome 1954–1956, page 9. 2 Tome 1954–1956, page 11. 3 Tome 1954–1956, page 13. 4 Tome 1954–1956, page 15. 5 Tome 1954–1956, pages 19 and 22. 6 Tome 1954–1956, pages 18 and 19. 7 Tome 1954–1956, page 25. 8 Tome 1954–1956, page 19. 9 Tome 1954–1956, pages 24 and 21.