Narcotic Drugs and Psychotropic Substances Act, 1993
This section gives the Act’s short title and says it starts on a date the Minister appoints by statutory instrument.
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- Zambia
- Instrument
- Act or statute
- Citation
- Act 37 of 1993
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- en
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Statute overview
About this statute
This section gives the Act’s short title and says it starts on a date the Minister appoints by statutory instrument. This section defines key terms used in the Act. This text appears to be a heading or table-of-contents fragment about the Drugs Enforcement Commission, its continuation, and Part III on offences and penalties. This section prohibits trafficking in narcotic drugs or psychotropic substances, including importing, exporting, possessing, and cultivating plants for narcotic or psychotropic purposes. Use of narcotic drugs and psychotropic substances is prohibited.
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Legal text
Provisions of Narcotic Drugs and Psychotropic Substances Act, 1993
Showing 89 of 89
Part
PART I
- 1 Verify source ↗
This Act may be cited as the Narcotic Drugs and Psycho
AI-assisted research summary: This section gives the Act’s short title and says it starts on a date the Minister appoints by statutory instrument.
1. This Act may be cited as the Narcotic Drugs and Psycho tropic Substances Act, 1993, and shall come into operation on such date as the Minister may, by statutory instrument, appoint. - 2 Verify source ↗
Section 2
AI-assisted research summary: This section defines key terms used in the Act.
2. In this Act, unless the context otherwise requires-- " bank" has the meaning assigned thereto in any written law governing the licensing of banks and includes a bank established by or under a written law; "banker's books "includes ledgers, day books, cash books, accounts books and all other books and documents used in the ordinary course of the business of a bank; " Commission " means the Drug Enforcement Commission continued under section/our; "Commissioner" means the person appointed Commissioner under paragraph 1 of the First Schedule; "conviction" includes a conviction by a court outside Zambia and any conviction where a conditional or unconditional discharge is ordered; ' I ' I 212 No. 37 of 1993] Narcotic Drugs and Psychotropic Substances "corresponding foreign law" means the provision of any law which is similar in whole, or in part, or in substance, to Zambian law; "Deputy Commissioner "means the person appointed Deputy Commissioner under paragraph 2 of the First Schedule; " illegal property " means any property, whether within or outside Zambia which- ( a) is wholly or substantially derived or obtained from, or by means of, any prohibited activity carried out by any person;. (b) is the income, earnings or assets wholly or substan- tially derived or obtained from or by means of any property referred to in paragraph ( a); ( c) is wholly or substantial! y derived or obtained from or . by means of any property referred to in paragraph (a) or (b); ( d) is wholly or substantially traceable or attributable to any property referred to in paragraph (a), ( b) or ( c) or to any income, earnings or assets of any such property; (e) is or was used to assist or facilitate any prohibited activity; (j) is the subject-matter of an offence under this Act; (g) due to any circumstances such as, but not limited to, its nature, value, location or place of discovery, or the time, manner or place of its acquisition, or the person from whom it was acquired, oritsproximity to other property referred to in the foregoing para graphs, can be reasonably believed to be property falling within the scope of any of the foregoing paragraphs; " manufacture" in relation to narcotic drugs or psychotropic substances includes all processes by which such drugs or , substances may be obtained, refined, transformed or pre pared; "narcotic drug" means any substance in Part II of the Second Schedule; "officer "means a person appointed under section eightofthis Act; " property "means any movable or immovable property an9 legal documents evidencing title to, or interest in, such property; f , , . fa ' " '' I I ' ; f I ,l '--'-�-·-� - -- I , ii '\ ii r' ' Narcotic Drugs and Psychotropic Substanc�s [No. 37 of 1993 209 NARCOTIC DRUGS AND PSYCHOTROPIC kl •e :f.. ll 11 I,:� I I 'r;, SUBSTANCES ACT, 1993 PART I PRELIMINARY
Part
PART II
- 5 Verify source ↗
Section 5
AI-assisted research summary: This text appears to be a heading or table-of-contents fragment about the Drugs Enforcement Commission, its continuation, and Part III on offences and penalties.
5. ( -. DRUGS ENFORCEMENT COMMISSION Continuation of Commission Functions of Commission PARTIII OFFENCES AND PENALTIES . � ' 6. . ' 7, - 8 Verify source ↗
Section 8
AI-assisted research summary: This section prohibits trafficking in narcotic drugs or psychotropic substances, including importing, exporting, possessing, and cultivating plants for narcotic or psychotropic purposes.
8. in narcotic drugs or psychotropic substances Trafficking prohibited Prohibition on importing or exporting narcotic drugs or psychotropic substances Prohibition on possession of narcotic drugs or psychotropic substances Cultivation ofplants for narcotic or psychotropic purposes - 10 Verify source ↗
Use of narcotic drugs and psychotropic substances prohibited
AI-assisted research summary: Use of narcotic drugs and psychotropic substances is prohibited.
10. Use of narcotic drugs and psychotropic substances prohibited - 11 Verify source ↗
Attempts, abetting, soliciting, etc., contravention of this Act
AI-assisted research summary: This provision is titled “Attempts, abetting, soliciting, etc., contravention of this Act” and indicates it concerns misconduct connected with breaching the Act.
11. Attempts, abetting, soliciting, etc., contravention of this Act 12 C�nspiracy to commit drug offences, etc. - 13 Verify source ↗
Unlawful manufacture of narcotic drugs or psychotropic
AI-assisted research summary: Section 13 concerns unlawful manufacture of narcotic drugs or psychotropic substances.
13. Unlawful manufacture of narcotic drugs or psychotropic f. ()' ,. 'I •\'! Ji,,. ,,-- substances - 14 Verify source ↗
Inducing another to take narcotic drugs or psychotropic
AI-assisted research summary: Section 14 is titled “Inducing another to take narcotic drugs or psychotropic substances.”
14. Inducing another to take narcotic drugs or psychotropic substances - 15 Verify source ↗
Unlawful possession of instruments orutensils for administer
AI-assisted research summary: This section concerns unlawful possession of instruments or utensils used to administer narcotic drugs or psychotropic substances.
15. Unlawful possession of instruments orutensils for administer ing narcotic drugs or psychotropic substances - 16 Verify source ↗
Permitting premises to'be used for unlawful use of narcotic
AI-assisted research summary: This section concerns allowing premises to be used for unlawful use of narcotic, drug, or psychotropic substances.
16. Permitting premises to'be used for unlawful use of narcotic / drugs or psychotropic substances - 17 Verify source ↗
Unlawful supply, · etc., of narcotic drugs or psychotropic
AI-assisted research summary: Section heading for unlawful supply, etc. of narcotic drugs or psychotropic substances.
17. Unlawful supply, · etc., of narcotic drugs or psychotropic substances - 19 Verify source ↗
Impersonation of Commission's officers
AI-assisted research summary: This section concerns impersonation of the Commission’s officers.
19. Impersonation of Commission's officers - 20 Verify source ↗
Prohibition of unlawful use of property for narcotic drugs or
AI-assisted research summary: This provision is titled as a prohibition on unlawful use of property for narcotic drugs or psychotropic substances.
20. Prohibition of unlawful use of property for narcotic drugs or . psychotropic substances - 21 Verify source ↗
Possession of property obtained through trafficking
AI-assisted research summary: Section 21 concerns possession of property obtained through trafficking.
21. Possession of property obtained through trafficking - 22 Verify source ↗
Money laundering
AI-assisted research summary: This provision is titled “Money laundering,” but the provided text does not state any rule.
22. Money laundering Single copis of Act may be obtainedfrom the Government Printer, P.O. Box 30136. Lusaka. Price: K230.00 'i ,.1 210 No. 37 of 1993] Narcotic Drugs and PSJchotropic Substances •. PART IV INVESTIGATION, � AND SEizinrn . 23. Power of arrest and detention - 26 Verify source ↗
Power to take photographs, measurements, fingerprints, hand
AI-assisted research summary: This section concerns a power to take photographs, measurements, fingerprints, handprints and footprints.
26. Power to take photographs, measurements, fingerprints, hand .. ',· prints and footprints - 28 Verify source ↗
Power to use firearms
AI-assisted research summary: Section 28 is titled “Power to use firearms” and relates to seizure and forfeiture of property.
28. Power to use firearms • I i PARTY SEIZURE AND FORFEITURE OF PROPERTY - 29 Verify source ↗
Failure or refusal to disclose information or produce anything
AI-assisted research summary: This section concerns failure or refusal to disclose information or produce items.
29. Failure or refusal to disclose information or produce anything - 33 Verify source ↗
Forfeiture of property where no proceedings or claim
AI-assisted research summary: This section concerns forfeiture of property when there are no proceedings or claim.
33. Forfeiture of property where no proceedings or claim - 34 Verify source ↗
Forfeiture of property on conviction
AI-assisted research summary: Section 34 is titled “Forfeiture of property on conviction.”
34. Forfeiture of property on conviction - 37 Verify source ↗
Forfeiture of property where owner untraceable
AI-assisted research summary: This section concerns forfeiture of property when the owner cannot be traced.
37. Forfeiture of property where owner untraceable - 38 Verify source ↗
Forfeiture ofuntraceable property, etc
AI-assisted research summary: This section is titled “Forfeiture of untraceable property, etc.”
38. Forfeiture ofuntraceable property, etc. - 40 Verify source ↗
Proceedings against deceased's estate
AI-assisted research summary: This section concerns proceedings against a deceased person's estate.
40. Proceedings against deceased's estate PART VI. GENERAL,. - 4 Verify source ↗
Section 4
AI-assisted research summary: The Drug Enforcement Commission is continued under this Act, placed in the Ministry responsible for home affairs, and supervised by the Minister responsible for Home Affairs.
4. (1) The Drug Enforcement Commission established under the Dangerous Drugs (Forfeiture of Property) (Special Organisations) (Drug Enforcement Commission) Regulations, 1989, is hereby continued as if established under this Act. Continuation of Commis sion S. I. No. 87 of 1989 (2) The Commission shall be a department in the Ministry responsible for home affairs and shall be under the control and supervision of the Minister responsible for Home Affairs. 214 No. 37 of 1993] Narcotic Drugs and Psychotropic Substances I: Functions of Commission (3) The provisions of the First Schedule shall apply to the Commission. - 5 Verify source ↗
The functions of the Commission shall be to
AI-assisted research summary: The Commission must carry out information, complaint-handling, prosecution, prevention, education, and public-support functions on narcotic drugs and psychotropic substances.
5. The functions of the Commission shall be to-- ( a) collect, collate and disseminate information on narcotic drugs and psychotropic substances; (b) receive and investigate any complaint of alleged or sus- pected breach of this Act and,.subject to the directives of the Director of Public Prosecutions, prosecute for of- fences under this Act; (c) address and advise Government Ministries and depart- ments, public bodies, companies, institutions, statutory bodies and corporations on ways and means of prevent- ing prohibited. activities relating to narcotic drugs and psychotropic substances and suggest measures, proce- dures or methods of work compatible with the proper performance of their duties which, in the opinion of the Commission, would reduce prohibited activities relating to narcotic drugs and psychotropic substances; ( d) disseminate information intended to educate the public on the evils and dangerous effects of abusing drugs or psychotropic substances and the effect of dealing in property acquired from drug trafficking;. and ( e) enlist.and foster public support against the abuse of drugs or psychotropic substances and, in this connection, liaise with similar authorities outside Zambia. ' i ' \ I ( I PART III OFFENCES AND PENALTIES - 4 Verify source ↗
(+) -LYSERG!DE LSD, LSD-25 (+)
AI-assisted research summary: 4. (+) -LYSERG!DE LSD, LSD-25 (+) ( \� ,! ·I ·\ 1
4. (+) -LYSERG!DE LSD, LSD-25 (+) ( \� ,! ·I ·\ 1 - 9 Verify source ↗
Section 9
AI-assisted research summary: This section lists specific substances, including mescaline, psilocine, psilocybine, tetrahydrocannabinols, and related isomers.
9. Mescaline Parabexyl Psilocine Psilocybine STP, DOM JO tetrahydrocana- binols, all isomers I I . - 14 Verify source ↗
Section 14
AI-assisted research summary: This section lists various named narcotic drugs and psychotropic substances.
14. Amphetamine Dexamphetamine Methamphetamine Methaylphenidale N,N-diethyllf)'puunine 3-(1,2-dimethylheptyl) -1 -hydroxy-7, 8,9,JO tetrabydro-6,6,9- trimethyl-6H-dibezo [b,d] pyran N N-dimethyllf)'ptamine N, N-diethyllysergamide (d-lysergic acid diethylamide) 3,4,5-trime thoxyphenethylamine 3-hyxyl-1-hydroxy-7,8,9 ,IO tetrabydro-6H-dibenzo [b.d] pyan 3-(2-dimethylaminoethyl)- 4-hydroxyindole 3-(2-dimethylarnmoethyl)- indol-4-yl dihydrogen phosphate 2-amino-1-(2, 5-dimethoxy-4-methyl) phenylpropane J-hydroxy-3-pentyl-6a, 7, 10, JOa letralydro 6,6, 9-trirnethyl-6-H disbenzo [a,d] pyran. (-) 2 amino-1-phenylpropane (+)-2-amino-1-phenylpropane . (+)-2-methylarnino- 1 -phenylpropane 2-phenyl-2-(2-piperidyl) acetic acid, methyl ester 232 No. 37 of 1993] Narcotic Drugs and Psychotropic Substances - 17 Verify source ↗
Section 17
AI-assisted research summary: This section lists phencyclidine, phenmetrazine, and amobarbital.
17. Phencyclidine Phenmetrazine Amo barbital - 26 Verify source ↗
Section 26
AI-assisted research summary: This section lists Barbital, Ethchlorvynol, Ethinarnate, and Meprobamate.
26. Barbital Ethchlorv ynol Ethinarnate Meprobamate - 32 Verify source ↗
Section 32
AI-assisted research summary: This section lists named chemical substances.
32. Lifetarnine SPA 1-(1-phenylcydohexyl) piperidine 3-methyl-2- phenyhnorpholine 5-ethyl-5-(isopentyl) barbituric acid 5-(1 -cyclohexen-1- yl)-5 ethylbarbituric acid 2-ethyl-2-phen ylglutarimide 5-ethyl-5-(1-methylbutyl) barbituric acid 5-a!l y!-5-(1-methylbutyl) barbituric acid 2-( diethylamino) propiophenone 5,5 -diethylbarbituric acid l -chloro-3-ethy l- l -penten-4-yn'3-ol 1-ethynylcyclohex�ol--carbamate 2-methyl-2-propyl-l, 3 propanediol dicarbamate 2-methyl-3-0-tolyl-4 (3H)- 9uinazolinone 5-ethy 1-1-methy 1-5-phenyl barbituric acid 3, 3-diethyl-5-meth yl-2, 4 piperidine-dione 5-ethyl-5-phen ylburbituric acid I, 1-diphenyl-2-piperidine methanol (-)-1-dimethylamino-l, 2- diphenylethane - 33 Verify source ↗
Section 33
AI-assisted research summary: This provision lists products of Cannabis sativa, including marijuana, cannabis resin or hashish cake, cannabis oil or hashish oil, and other cannabis products containing THC.
33. Prod ucts of Cannabis Sativa (i) H erbal products known as Marijuana (ii) Cannabis resin oi hashish cake (iii) Cannabis oil or hashish oil (iv) Any other cannabis products containing the active ingredient De!ta-9-Tetrahydrocannabinol, (THC) - 40 Verify source ↗
Pentobarbita!
AI-assisted research summary: This text appears to be a heading or fragment for “Pentobarbita!” in the Narcotic Drugs and Psychotropic Substances Act.
40. Pentobarbita! I, I, 1;, 1: ____ .) /2 Narcotic Drugs and Psycfwtropic Substances [No. 37 of 1993 233 - 60 Verify source ↗
Pyrovalerone
AI-assisted research summary: This section appears to list precursors associated with Pyrovalerone and related scheduled drugs.
60. Pyrovalerone The precursors, unless specifically accepted of the drugs in this Schedule wherever existence of such precursors is possible within the specific chemical designation. In this case precursors include. but not liinited to, the following listed substances: N-acetylanthranilicacid, Benzyl-methyl-ke:one/Phenylacetone (P-2-P) Ergo ta, mine, Ergometrine, Lysergic acid, Ephedrine/Norephedrine, ortho-toluidine. Piperidine. ,· . 1 • ; I • ;1 1"' l .J• H \ l ( j , ,;,'.,-; ! . ) 1 I • � ., I• •
Part
PART VI.
- 41 Verify source ↗
Disorderly conduct at Drug Enforcement Commission
AI-assisted research summary: Section heading: Disorderly conduct at Drug Enforcement Commission premises.
41. Disorderly conduct at Drug Enforcement Commission Premises - 42 Verify source ↗
Assaulting drug enforcement officers and police officers
AI-assisted research summary: Section 42 is titled “Assaulting drug enforcement officers and police officers.”
42. Assaulting drug enforcement officers and police officers - 49 Verify source ↗
Repeal of Act No. 7 of 1989
AI-assisted research summary: This section repeals Act No. 7 of 1989 and defines several terms used in the Act.
49. Repeal of Act No. 7 of 1989 FIRST SCHEDULE-Drug Enforcement Commission SECOND SCHEDULE-Narcotic Drugs and Psychotropic Sub stances. 1, I II ' \ Narcotic Drugs and Psychotropic Substances [No. 37 of 1993 213 " psychotropic substance " means any substance in Part II of the Second Schedule; "public analyst" means a person appointed a public analyst under section two of the Food and Drugs Act; " securities " means- (a) shares,. debentures, stocks or bonds issued or pro posed to be issued by a Government; (b) shares, debentures, stocks, bonds or notes issued or Cap. 533 proposed to be issued by a body corporate; (c) any right or option in respect of any such shares, debentures, stocks, bonds or notes; or ( d) any instruments recognised as securities under any written law; " trafficking " means- (a) being involved directly or indirectly in the unlawful buying or selling of narcotic drugs of psychotropic substances and includes the commission of an offence under this Act in circumstances suggesting that the offence was being committed in connec tion with buying or selling; or (b) being found in possession of narcotic drugs or psychotropic substances in such amounts or quan tities as the President may, by statutory instrument, declare to be trafficking for the purposes of this Act. ' . \ - 3 Verify source ↗
Except as otherwise provided in this Act, this Act shall apply Application
AI-assisted research summary: This Act applies despite any other written law, unless the Act itself provides otherwise.
3. Except as otherwise provided in this Act, this Act shall apply Application notwithstanding any other written law to the contrary. PART II DRUG ENFORCEM)lNT COMMISSION
Part
PART III
- 6 Verify source ↗
Any person who traffics in a narcotic drug or psychotropic
AI-assisted research summary: Any person who traffics in a narcotic drug or psychotropic substance commits an offence and may be imprisoned for up to 25 years if convicted.
6. Any person who traffics in a narcotic drug or psychotropic Trafficking in narcotic drugs substance shall be guilty of an offence and shall be liable upon or psycho- conviction to imprisonment for a term not exceeding twenty-five tropic substances years. prohibited Prohibition on importing or exporting narootic drugs or psycho- tropic substances - 7 Verify source ↗
Any person who, without lawful authority, imports or i;xports
AI-assisted research summary: A person must not import or export listed narcotic drugs or psychotropic substances without lawful authority.
7. Any person who, without lawful authority, imports or i;xports any narcotic drug or psychotropic substance listed in the Second Schedule shall be guilty of an offence and shall be liable upon conviction to imprisonment for a term not exceeding twenty years. /• ' -.;_./ i I I' I' ,, I ., . , v' ll ' ' I 1 Narcotic Drugs and Psychotropic Substances [No. 37 of 1993 215
Part
Schedule shall be guilty of an offence and shall be liable upon
- 8 Verify source ↗
Any person who, without lawful authority, has in his
AI-assisted research summary: A person must not possess or control any narcotic drug or psychotropic substance without lawful authority.
8. Any person who, without lawful authority, has in his possession or under his control any narcotic drug or psychotropic substance shall be guilty of an offence and shall be liable upon conviction to imprisonment for a term not exceeding fifteen years. - 9 Verify source ↗
Any person who, without lawful authority, cultivates any
AI-assisted research summary: Any person must not, without lawful authority, cultivate plants that can be used as narcotic or psychotropic drugs or from which they can be extracted.
9. Any person who, without lawful authority, cultivates any plant which can be used or consumed as a narcotic drug or psycho tropic substance, or from which a narcotic drug or psychotropic substance can be extracted, shall be guilty ofan offence and shall be liable upon conviction to a fine of not less than twenty-five thousand kwacha or to imprisonment not exceeding ten years or to both. Provided that no person shall be guilty of the offence under this section if the plant is cultivated for purposes of medicine or is not on a substantial and commercial scale. Prohibition on possession of narcotic drugs and psycho tropic substances Cultivation of plants for narcotic or psychotropic· purposes - 10 Verify source ↗
Any person who, without lawful authority, takes a narcotic
AI-assisted research summary: Any person must not, without lawful authority, take a narcotic drug or psychotropic substance by the listed methods.
10. Any person who, without lawful authority, takes a narcotic drug or psychotropic substance by smoking, injecting into his body, sniffing, chewing, drinking orotherwise administering such drug or substance shall be guilty of an offence and shall be liable upon conviction to imprisonment for a term not exceeding ten years. Use of narcotic drugs and psychotropic substances prohibited - 11 Verify source ↗
Any person who attempts, abets, solicits, incites, and
AI-assisted research summary: Any person who helps, tries, encourages, or otherwise contributes to an offence under the Act commits an offence and, if convicted, faces at least five years in prison.
11. Any person who attempts, abets, solicits, incites, and compounds or does any act preparatory to, or in furtherance of, the commission of any offence under this Act shall be guilty of ah offence and shall be liable upon conviction to imprisonment for a term of not less than five years. Auempts, abeuing, soliciting, etc., contravention of this Act - 12 Verify source ↗
Where two or more persons act together to commit an
AI-assisted research summary: If two or more people act together to commit an offence under this Act, they commit an offence and can be sentenced to up to five years on conviction.
12. Where two or more persons act together to commit an offence under this Act, they shall be guilty of an offence and liable upon conviction to a term not exceeding five years. Conspiracy to commit drug offences, etc. - 13 Verify source ↗
Section 13
AI-assisted research summary: A person who, without lawful authority, manufactures or processes narcotic drugs or psychotropic substances commits an offence and may be imprisoned for up to 15 years on conviction.
13. (1) Any person who, without lawful authority, manufac tures or carries on any process in the manufacture of a narcotic drug or psychotropic substance shall be guilty of an offence and shall be liable UP,On conviction to imprisonment for a term not exceeding fifteen years. - 14 Verify source ↗
! Any person who, by force, deceit or any other means,
AI-assisted research summary: A person must not use force, deceit, or other means to make someone take a narcotic drug or psychotropic substance.
14. ! Any person who, by force, deceit or any other means, induces any other person to take any narcotic drug or psychotropic substance shall be guilty of an offence and shall be liable upon conviction to imprisonment for a term not exceeding ten years. - 15 Verify source ↗
Any person who, without lawful authority, has in his
AI-assisted research summary: A person who, without lawful authority, possesses instruments or utensils used to administer narcotic drugs or psychotropic substances commits an offence.
15. Any person who, without lawful authority, has in his possession instrumJnts cir-utensils used in administering narcotic drugs or psychotropksul>stances shall be guilty of an offence and shall be liable upon conviction to imprisonment for a term not exceeding ten years. Unlawful manufacture of narcotic drugs or psychotropic substances Inducing another lo take narcotic drugs orpsycho uopic substances Unlawful possession of msuuments or utensils for administering narcotic drugs or psychotropic substances I I I I , I : I I ' 216 No. 37 of 1993] Narcotic Drugs and Psychotropic Substances Permitting premises to be used for unlawful use of narcotic drugs or psychotropic substances prohibited Unlawful supply, etc. of narcotic drugs or psychotropic substances Double doctoring - 16 Verify source ↗
A person who occupies or controls premises, who permits
AI-assisted research summary: A person who controls or occupies premises must not allow those premises to be used for administering narcotic drugs or psychotropic substances.
16. A person who occupies or controls premises, who permits those premises to be used for administering narcotic drugs or psychotropic substances shall be guilty of an offence and shall be liable upon conviction to imprisonment for a term not exceeding five years. - 17 Verify source ↗
Any person who, without lawful authority, supplies to, or
AI-assisted research summary: Any person who unlawfully supplies, procures, or advertises narcotic drugs or psychotropic substances, or who deceives a medical practitioner to obtain them, commits an offence and faces imprisonment or a fine.
17. Any person who, without lawful authority, supplies to, or procures for, any person a narcotic drug or psychotropic substance or advertises for sale any such drug or substance shall be found guilty of an offence and shall be liable upon conviction to impris onment for a term not exceeding five years.- IS� Any person who, with intent to deceive obtains a narcotic drug or psychotropic substance or a prescription for a narcotic drug or psychotropic substanq:s from a medical practitioner without disclosing to that practitioner particulars of every narcotic drug or psychotropic substance or prescription for such drug or substance issued to him by a different practitioner within the preceding thirty days shall be guilty of an offence and shall be liable upon conviction to a fine of not)ess than five hundred thousand kwacha or impris onment for a term not exceeding' twelve months or to both. rson bn pe ation of Commission's officers - 19 Verify source ↗
Any person who impersonates a drug enforcement officer
AI-assisted research summary: Any person who impersonates a drug enforcement officer or police officer commits an offence and may be imprisoned for up to five years on conviction.
19. Any person who impersonates a drug enforcement officer or police officer shall be guilty of an offence and shall be liable upon conviction to imprisonment for a term hot exceeding five years. Prohibition of unlawful use of property for narcotic drugs or psychotropic substances - 20 Verify source ↗
Any person who directly or indirectly deals in or uses any
AI-assisted research summary: A person who directly or indirectly uses or deals in property to carry out an offence under the Act commits an offence and may be imprisoned for up to 10 years.
20. Any person who directly or indirectly deals in or uses any property within oroutsideZambiaforthe purposeofdoinganything that constitutes an offence under this Act shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding ten years. Possession of pro rty pe obtained through trafficking - 21 Verify source ↗
Section 21
AI-assisted research summary: A person who knowingly or constructively knowingly possesses property that is proceeds of certain crimes commits an offence.
21. (1) Any person who has in his possession property which to his actual or constructive knowledge constitutes, in whole or in part, the proceeds of any property which was directly or indirectly acquired as a result of_: ( a) a crime committed under this Act; or (b) an act which, if it had been committed in Zambia, would have constituted an offence under this Act; shall be guilty of an offence and shall be liable upon conviction to imprisonment for a term not exceeding ten years. rl " I , ! I I i ' Narcotic Drugs and Psychorropic Substances [No. 37 of 1993 217 - 22 Verify source ↗
Any person who does any act or omits to do any act with an Money
AI-assisted research summary: Any person who acts or omits to act with the intention of concealing that property came from a crime under this Act, or from an act that would be a crime if done in Zambia, commits an offence.
22. Any person who does any act or omits to do any act with an Money laund•'ing actual or constructive intention to conceal the fact that part or the whole of any property was directly or indirectly acquired as a result of- ( a) a crime committed under this Act; or (b) an act which. ifit had been committed in Zambia, would have constituted a crime under this Act; shall be guilty of an offence and shall be liable upon conviction to imprisonment for a term not exceeding ten years. PART IV • INVESTIGATION. ARREST AND SEIZURE l. -, I ' . ', ) ,,
Part
PART IV
- 23 Verify source ↗
Section 23
AI-assisted research summary: Drug trafficking and drug manufacturing offences are treated as cognisable offences, and a person arrested under the Act who is in prison or lawful custody can be ordered in writing to be brought before a drug enforcement or police officer for investigation.
23. (1) Every drug trafficking and drug manufacturing offence shall be a cognisable offence for the purposes of the Criminal Procedure Code. Power of arrest and detention Cap. 160 (2) Where a person arrested under this Act is serving a sentence of imprisonment, or is in lawful custody, he shall, upon an order in writing by a drug enforcement officer or police officer, be produced before that officer or before any other drug enforcement officer or police officer at such place as may be specified in the order for the purpose of im:estigations into the matter in respect of which he is liable to be arrested under this Act Power of entry, search and seizure - 24 Verify source ↗
Section 24
AI-assisted research summary: The Commissioner may authorise a drug enforcement officer or police officer, in writing, to search, seize, detain, arrest, and enter premises when specified suspect property or related offences are reasonably believed to be involved.
24. (1) Whenever the Commissioner has reason to believe that there is reasonable cause to suspect that in oron any premises there is concealed or deposited any property liable to forfeiture under this Act, oras to which an offence under this Act is reasonably suspected to have been committed, or any book or document directly or indirectly relating to or connected with any dealing or intended dealing, whether within or outside Zambia, in respect of any property liable to seizure or forfeiture under this Act, or which would, if carried out, be an offence under this Act, he may, by order in writing, authorise a drug enforcement officer or police officer to- ( a) enter the premises and search for, seize and detain any such property, book or document; (b) search any person who is in oron the premises, and detain that person and remove him to any place in order to facilitate the search; ( c) arrest any person who is in or on the premises in whose possession any property liable to seizure or forfeiture under this Act is found, or whom the officer reasonably believes to have concealed or deposited the property; 218 No. 37 of 1993] Narcotic Drugs and Psychotropic Substances ( d) break open, examine and search any article, container or receptacle; and ( e) stop, search and detain any conveyance. (2) The officer referred to in subsection (I) may, if it is necessary to do so-- ( a) break open any outer or inner door or window of any premises; (b) forcibly enter the premises or every part ofit; (c) remove by- force any obstruction to entry, search, seizure and removal; or ( d) detain every person found in or on the premises until those premises have been searched. (3) The provisions of subsections (1) and (2) shall not apply in relation to banker's books except in accordance with the Evidence (Bankers' Books) Act. - 25 Verify source ↗
(1) A dnig enforcement officer or police officer may
AI-assisted research summary: A dnig enforcement officer or police officer may search a person when there is reason to believe the person has property liable to seizure or forfeiture, or an article needed for an investigation. The search may also include a medical examination by a medical practitioner.
25. (1) A dnig enforcement officer or police officer may search, or cause to be searched, any person whom he has reason to believe has on his person any property liable to seizure or forfeiture under this Act, or any article necessary for the purpose of any investigation under this Act. (2) A search of a person under this Act may extend to a medical . examination of his body, both externally and internally, by a medical practitioner. - 26 Verify source ↗
(1) Any drug enforcement officer or_police officer of or
AI-assisted research summary: Certain drug enforcement officers or police officers may take measurements, photographs, fingerprints, handprints, and footprints of a person in lawful custody, and must certify the fingerprints taken.
26. (1) Any drug enforcement officer or_police officer of or above the rank of Sergeant may take or cause to be taken in his presence for the purpose of record and identification, the measure ments, photographs, fingerprints; handprints and footprints of any person in lawful custody. (2) A drug enforcement officer or police officer acting in accordance with subsection (I) shall certify that the fingerprints have been taken by him or that he has caused them to be taken in his presence and that the particulars on the certificate are, to the best of his knowledge and belief, accurate and true. Cap. 171 Search of person Power to take photographs, measure ments, fingerprints, hondprints and footprints Power to intercept communica tion - 27 Verify source ↗
Section 27
AI-assisted research summary: A Judge may authorize a drug enforcement officer or police officer to intercept, detain, and open postal articles or intercept telecommunication messages, if the Judge thinks they are likely to be relevant to certain investigations or proceedings.
27. (1) Notwithstanding the provisions of any other ·written law, a Judge may, ifhe considers ihat any communication or postal article is likely to contain any information or substance which is I 1 : I ' ii ·ii " I • I' ' I Narcotic Drugs and Psychotropic Substances [No. 37 of 1993 219 likely to be relevant for the purpose of any investigation into an offence under this Act, or any corresponding foreign law, or for the purpose of any proceedings under Part V, or for any other purposes under this Act, on the application of a drug enforcement' officer or police officer, authorise any such officer- ( a) to intercept, detain and open any postal article in the course of transmission by post; or (b) to intercept any message transmitted or received by any telecommunication. (2) When any person is charged with an offence under Part VI, any information obtained by a drug enforcement officer or police officer under subsection (!), whether before or after that person is charged, or before or after those proceedings are commenced, shall be admissible in evidence at his trial or in those proceedings, as the case may be. (3) A certificate issued by a Judge under subsection ( 1) that the action taken by a drug enforcement officer or police officer in pursuance of subsection (1) had been authorised by him shall be conclusive evidence thatithad been so authorised and the certificate shall be admissible in evidence without proof of signature. (4) No person shall be under any duty, obligation or liability or be in any manner compelled to disclose in any proceedings the procedure, method, manner, means or any related matter with regard to anything done under subsection (1). (5) For the purpose of this section- "postal article" has the meaning assigned to it in the written law dealing with postal services; and "telecommunication" has the meaning assigned to it in the written law dealing with telecommunications. - 28 Verify source ↗
(1) Any drug enforcement officer or police officer may,
AI-assisted research summary: Drug enforcement officers and police officers may use a firearm in limited escape, rescue, or arrest situations, but only subject to stated limits.
28. (1) Any drug enforcement officer or police officer may, subject to subsections (2) and (3), use a firearm issued to him against- ( a) any person in lawful custody charged with or convicted of an offence relating to narcotic drugs or psychotropic substances when such person is escaping or attempting to escape; (b) any person who by force rescues or attempts to rescue any other person from lawful custody; ( c) any person who by force prevents or attempts to prevent the lawful arrest of himself or of any other person: Power to use firearms 220 No. 37 of 1993] Narcotic Drugs and Psy_clwtropic Substances Failure or refusal to disclose information or produce anything Obstructio'n of inspection or search Provided that a drug enforcement officer or police officer shall not use a firearm unless the use of the firearm and the degree to which it is used is reasonable in the circumstances. (2) A drug enforcement officer or police officer shall not, in the presence of his superior officer, use a firearm against any person except under the orders of that superior officer. (3) The use of a firearm under this section shall as far as possible be to disable and not to kill. PART Y SEIZURE AND FORFEllURE OF PROPERTY
Part
PART Y
- 29 Verify source ↗
Any person who wiifully fails or refuses to disciose any
AI-assisted research summary: Any person who willfully refuses or fails to give information or produce accounts, documents, or articles to a drug enforcement officer or police officer during an investigation commits an offence.
29. Any person who wiifully fails or refuses to disciose any information or produce any accounts, document or article to a drug enforcement officer or police officer on any investigation into any o,ffence under this Act shall be guilty of an offence and shall be liable upon conviction to imprisonment for a term not exceeding ten years. - 30 Verify source ↗
Any person who
AI-assisted research summary: Any person who interferes with drug enforcement or police officers, or with property liable to seizure under the Act, commits an offence and may be fined or imprisoned.
30. Any person who-- ( a) prevents any drug enforcement officer or police officer authorised to enter,. search or have access to any pre mises from so entering, searching or having access; (b) assaults, obstructs, hinders or delays such officer; ( c) fails to comply with any lawful demand of a drug enforce ment officer or police officer; ( d) refuses or neglects to give any information which may reasonably be required of him and which he has power to give; ( e) fails to produce, conceals or attempts to conceal any property, document or book in relation to which there is reasonable ground to suspect that an offence has been or is being committed under this Act, or which is liable to seizure under this Act; (f) retrieves or endeavours to retrieve or causes to be retrieved anything which has been duly seized; ( g) furnishes to any officer as true, information which he knows or has reason to believe to be false; or (h) before or after any seizure destroys anything to prevent the seizure or securing of that thing; shall be guilty of an offence and liable upon conviction to a fine of not less than five hundred thousand kwacha orto imprisonment for a term not exceeding twelve months or to both. , ' , 1 ! 11 'I Narcotic Drugs and Psychotropic Substances [No. 37 of1993 221 S eizure of property Release of property seized Forfeiture of property where no proceedings or claim - 31 Verify source ↗
Any property which a drug enforcement officer or police
AI-assisted research summary: Drug enforcement officers or police officers may seize property they reasonably suspect is connected to an offence, was used in that offence, or is illegal property.
31. Any property which a drug enforcement officer or police officer reasonably suspects to be the subject-matter of an offence under this Act, or which has been used for the commission of that offence or is illegal property shall be liable to seizure. - 32 Verify source ↗
Section 32
AI-assisted research summary: Officials may release seized property before forfeiture if it is not liable to forfeiture and not needed for investigation or prosecution.
32. ( 1) Where property has been seized under this Act, the Commissioner, or a drug enforcement officer or police officer who effected the seizure may, at any time before it is forfeited under this Act, order the release of the property to such person ifhe is satisfied that the property is not liable to forfeiture under this Act and is not otherwise required for the purpose of any investigation or proceed ings under this Act or for the purpose of any prosecution under any other written law. (2) Where a release has been effected under subsection (1), neither the Commissioner, the officer effecting the seizure, nor the Government, nor any person acting on behalf of the Government, shall be liable to any civil proceedings by any person if the seizure and the release had been effected in good faith. (3) Whenever property is released under subsection (1), a record in writing shall be made by the officer effecting the release, specifying in detail the circumstances of, and the reasons for, the release, ·and he shall send a copy of the record to the Director of Public Prosecutions and to the Commissioner within seven days after the release. - 33 Verify source ↗
Section 33
AI-assisted research summary: Seized property is forfeited after six months unless a claim is made or forfeiture proceedings start; the Commissioner may release the property or refer the claim to the High Court.
33. and- (1) Where any property has been seized under this Act (a) no prosecution for any offence under any written law is instituted with regard to the property; (b) no claim in writing is made by any person that he is lawfully entitled to the property or that it is not liable to forfeiture under this Act; ( c) no proceedings are commenced by the Commission, within six months from seizure, for the forfeiture of the property, property shall become forfeited immediately upon the expiration of the period of six months. (2) Where within six moths from the date of the seizure of any property under this Act a claim in writing is made by any person in terms of paragraph (b) of subsection (1)-- ( a) the Commissioner may order the release of the property to the claimant if he is satisfied that there is no dispute as to the ownership of the property and that it is not liable to forfeiture; or 1 222 No. 37 of 1993] Narcotic Drugs and Psychotropic Substances (b) if the Commissioner is satisfied that there is a dispute as to the ownership of the property or is doubtful as to the person who owns it, or whether it is liable to forfeiture, he shall, within founeen days after the expiry of the period of six months, refer the claim to the High Coun for its decision. (3) This section shall be without prejudice to the power of a drug enforcement officer or police officer to release from seizure any propeny under section thirty-two: - 34 Verify source ↗
(I) A coun which convicts for an offence under this Act
AI-assisted research summary: If a court convicts someone under this Act, it must order forfeiture of the narcotic drug or psychotropic substance and any property used to commit the offence, in addition to any other penalty.
34. (I) A coun which convicts for an offence under this Act shall, in addition to any penalty, order the.narcotic drug or psycho tropic substance, and any movable or immovable propeny used to commit the offence to be forfeited to ·the Staie. (2) Section one hundred and eighty-of the National Parks and Wildlife Act shall, with necessary modifications, apply to a forfei ture under this section. (3) Where the propeny of a person referred to in subsection (1) is deceased and his propeny has passed on to his personal represen tative or a person with a beneficial interest in the estate, that property shall be forfeited. ., - 35 Verify source ↗
Section 35
AI-assisted research summary: The Director of Public Prosecutions may apply to the High Court for forfeiture of property believed to be illegal property, and may make a fresh application in some cases.
35. (I) The Director of Public Prosecutions may apply to the High Coun for an order of forfeiture of any property he believes to be illegal propeny. Forfeiture of property on conviction ActNo. 1 1 of 1991 AppliCation to High Court (2) An application made under subsection (1) shall contain all relevant infonnation, including but not limited to- ( a) the name of the convicted person and his address, if (b) the grounds for the application; and (c) an identification of the propeny, its estimated value and known; l_ocation. ' I 'i ., · 1 ' ! • J· : ! I 1 ' i :I ,, II :j (3) The Director of Public Prosecutions may make a fresh application- Forfeiture notice ( a) relating to any property which was not the subject-matter of an earlier application against the accused; or (b) against any person whom an earlier application under this section had not been made. - 36 Verify source ↗
Section 36
AI-assisted research summary: The High Court must notify the person named as holding or owning property, require attendance, and the person must explain why the property should not be forfeited.
36. (I) Upon receiving the application referred to in section thirty-five, the High Coun shall issue a notice to the person specified in the application as holding or owning the propeny, commanding that person to attend before the Coun on a date specified in the notice, which date shall not be less than thiny days from the date of the notice. -- ----==--- -� ·•' Narcotic Drugs and Psychotropic Substances [No. 37 of 1993 223 (2) The person referred to in subsection (1) shall show cause why any property identified in the application · should not be forfeited. (3) TI1e notice referred to in subsection (1) shall be served on the convicted person, if possible, and published, as soon as practicable, in a newspaper circulating in Zambia. . 37. (1) Where the person against whom the notice referred to in section thirty-six is issued does not appear before the High Court because he cannot be traced, he has absconded or is outside Zambia and cannot be compelled to attend before the Court, or fails to attend the proceedings after publication of the notice, the proceedings shall be continued in his absence. (2) Where the High Court finds that any property specified in the application made by the Director of Public Prosecutions is illegal property but that the person accused does not hold that property, the Court shall order that the property be forfeited unless another person claims to be lawfully entitled to itas a purchaser in good faith for valuable consideration. (3) Where another person claims under subsection (2) to be ·1awfully entitled to the illegal property, the High Court shall proceed to consider the claim and if, after giving an opportunity to the Director of Public Prosecutions to rebut that claim, the Court is satisfied that such person is not a purchaser in good faith for valuable consideration, it shall order that the property be forfeited. (1) Where the High Court is satisfied that any property - 38 Verify source ↗
Section 38
AI-assisted research summary: The High Court may order forfeiture of similar-value property in listed cases, and an owner who does not provide substitute property within 30 days commits an offence punishable by up to seven years’ imprisonment.
38. forfeited- ( a) cannot be located or traced; (b) has been sold to a purchaser in good faith for valuable consideration; ( c) is outside Zambia; ( d) has been mingled with other property which cannot be separated or divided without difficulty; or ( e) has been diminished in value; the High Court shall order that any other property of a similar value be forfeited. (2) Where the owner of property forfeited under subsection (1) fails to make substitute property available within a period not Forfeiture of property where owner untraceable Forfeiture of untraceable property, etc. I I : 224 No. 37 of 1993] Narcotic Drugs and Psychotropic Substances exceeding thirty days from the date of the order, he shall be guilty of an offence and shall be liable upon conviction to imprisonment for a tenn not exceeding seven years. (3) Where the person whose propeny has been forfeited dies before or after the order is made, the order shall have effect against the estate of the deceased. (4) For the puipOses of this section, the value of any propeny shall be its market value at the date on which an order of forfeiture is made. - 39 Verify source ↗
Where any propeny is forfeited under this Act, the propeny
AI-assisted research summary: If property is forfeited under this Act, it vests in the State.
39. Where any propeny is forfeited under this Act, the propeny shall vest in the State. - 40 Verify source ↗
Where any person dies before the conclusion of any pro
AI-assisted research summary: If a person dies after notice has been issued under section 36 but before the proceedings end, the proceedings continue against that person’s personal representative.
40. Where any person dies before the conclusion of any pro ceedings under this Pan but after the issue of the notice against him under section thirty-six, the proceedings shall be continued against the personal representative of that person. Property to be forfeited to State Proceedings against deccased's estate PART VI GENERAL Disorderly conduct at Drug Enforcement Commission premises Assaulting drug enforcement officers and police officrs Bail Sentence for previous offenders Sentence for officers
Part
PART VI
- 41 Verify source ↗
Any person who, at any Drug Enforcement Commission
AI-assisted research summary: A person must not behave riotously, indecently, disorderly, or insultingly at Drug Enforcement Commission premises.
41. Any person who, at any Drug Enforcement Commission premises, conducts himself in a riotous, indecent, disorderly or insulting manner shall be guilty of an offence and shall be liable upon conviction to a fine of not less than five hundred thousand kwacha orto imprisonment for a term not exceeding twelve months or to both. - 42 Verify source ↗
Any person who assaults, resists or wilfully obstructs any
AI-assisted research summary: Any person must not assault, resist, or wilfully obstruct a drug enforcement officer or police officer carrying out duty under this Act.
42. Any person who assaults, resists or wilfully obstructs any drug enforcement officer or police officer in the due execution of his duty under this Act shall be guilty of an offence and shall be liable upon conviction to a tenn not exceeding five years. - 43 Verify source ↗
Whenever any person is arrested or detained upon reason
AI-assisted research summary: If a person is arrested or detained on reasonable suspicion of having committed a cognisable offence under this Act, a court must not grant bail when the person appears before or is brought before the court.
43. Whenever any person is arrested or detained upon reason able suspicion of his having committed a cognisable offence under this Act, no bail sliall be granted when he appears or is brought before any Court. - 44 Verify source ↗
Any person convicted on a second or subsequent offence
AI-assisted research summary: A person convicted of a second or later trafficking offence must be imprisoned for at least 10 years.
44. Any person convicted on a second or subsequent offence for trafficking shall be liable to imprisonment for a term of not less than ten years. - 45 Verify source ↗
Whenever a drug enforcement officer or police officer is
AI-assisted research summary: If a drug enforcement officer or police officer is convicted under the Act or its regulations, they are liable to double the prescribed penalty.
45. Whenever a drug enforcement officer or police officer is convicted of an offence under this Act or any regulations made hereunder, he shall be liable to double the prescribed penalty. J Narcotic Drugs and Psychotropic Substances [No. 37 of 1993 225 - 46 Verify source ↗
An offence under this Act shall be ·deemed to be an Extradiction
AI-assisted research summary: An offence under this Act is treated as an extraditable offence under the Extradition Act.
46. An offence under this Act shall be ·deemed to be an Extradiction extraditable offence under the provisions of the Extradition Act. - 47 Verify source ↗
TI1e Mutual Legal Assistance in Criminal Matters Act,
AI-assisted research summary: This section says the Act applies to offences under this Act, except where it conflicts with the other Act mentioned.
47. TI1e Mutual Legal Assistance in Criminal Matters Act, 1993, applies to offences under this Act except where this Act is inconsistent with that Act. Cap. 161 International legal assistance Act No. 19 of 1993 - 48 Verify source ↗
The Minister may, by statutory instrument, make regula- Regulations
AI-assisted research summary: The Minister may make regulations by statutory instrument to carry out the Act and to establish and manage drug rehabilitation centres.
48. The Minister may, by statutory instrument, make regula- Regulations tions for the better carrying out of the purposes of this Act and, without prejudice to the generality of the foregoing, may make regulations for the establishment and management of drug rehabili- tation �ntres . - 49 Verify source ↗
The Dangerous Drugs (Forfeiture of Property) Act, 1989,
AI-assisted research summary: This text repeals the Dangerous Drugs (Forfeiture of Property) Act, 1989, and sets rules for the Commissioner of the Commission, including appointment by the President, a ban on holding other paid offices, and resignation/termination terms.
49. The Dangerous Drugs (Forfeiture of Property) Act, 1989, is hereby repealed. ' Repeal of Act No. 7 of 1989 ,( . ' . I '· ' i ' I I ' ' I ! i 1., J. 226 No. 37 of 1993] Narcotic DrU(:S and Psychotropic Substances FIRST SCHEDULE (Secrion 4) Co,runis• sioner Depul)'. Comnus sioner Acting Commis sioner Officers of commission DRUG ENFORCEMENT COMMISSION · 1. (l)There shall be a Commissioner of the Commission, whose office shall be a public office, and who shall be appointed by the President on such tenns and conditions as the President may determine. ' ··· · (2) The Commissioner shall not, while he holds the office of Commissioner, hold or discharge the duties of any other office of emolument in the Republic. (3) The Commissioner may resign upon giving three months' notice, in writing, to the .President or may resign with immediate effect upon paying to the Government three months' basic salary in lieu of notice and the President may, subject to the same conditions, tenninate the services of the Commissioner. (4) The Commissioner may resign upon giving three months' written notice to the President or paying one month's salary in lieu of notice. - 2 Verify source ↗
Section 2
AI-assisted research summary: A Deputy Commissioner must be appointed by the President, and the office is a public office.
2. (1) There shall be a Deputy Commissioner of the Commis sion, whose office shall be a public office and who shall be appointed by the President on such terms and conditions as the President may detennine. (2) Subject only to the powers of the Commissioner, paragraph 1 of this Schedule shall apply, with necessary modifications, to the Deputy _Commissioner. - 3 Verify source ↗
(1) If the office of Commissioner falls vacant or the Com
AI-assisted research summary: If the Commissioner’s office is vacant or the Commissioner is unavailable, the Deputy Commissioner must act as Commissioner. If both are unavailable, the President may appoint a senior Commission officer, or in the public interest any non-officer, to act as Commissioner or Deputy Commissioner.
3. (1) If the office of Commissioner falls vacant or the Com missioner is absent from duty or is unable for any reason to perfonn the functions of his office, the Deputy Commissioner shall act as Commissioner . . (2) If both the Commissioner and the Deputy· Commissioner are absent from duty or are unable for any reason to perform the functions of their offices, the President may appoint any other senior officer of the Commission to act as Commissioner or Deputy Commissioner: Provided that, where it is in the public interest, the President may appoint any person who is not an officer of the Commission to act as Commissioner or Deputy Commissioner. - 4 Verify source ↗
Section 4
AI-assisted research summary: The Commissioner may appoint officers. Appointed officers are public officers, and they have police-officer powers unless declared support staff. Civil Service conditions of service apply to the Commission.
4. (1) The Commissioner may appoint suchnumbei ofofficers as may be necessary for the performance of the functions of the Commission. Narcotic Drugs and Psyclwtropic Substances [No. 37 of 1993 227 (2) An officer appointed under subsection (1) shall be a public officer. (3) Officers appointed under sub-paragraph (2) shall have all the powers of a police ofl'icer unless the Commissioner declares them to be suppon staff. S. The conditions of service applicable to the Civil Service shall apply to the Commission. - 6 Verify source ↗
Section 6
AI-assisted research summary: The Commissioner must issue an identity card to an officer, and an officer must produce that card when needed to perform the officer’s functions.
6. (1) The Commissioner shall issue to an officer ari identity card which shall, unless the contrary is proved, be' evidence of.the officer's appointment as such. (2) An officer shall, whenever it is necessary for the pcrfonnance of his functions, produce the identity card referred to in sub-section (1). - 7 Verify source ↗
Section 7
AI-assisted research summary: The Commissioner may make Staff Rules for the Commission, but must follow the President’s general directions.
7. (1) The Commissioner may, subject to the general direc tions of the President, make Staff Rules providing for- ( a) the control, direction and administration of the Commis sion; (b) the discipline, training, classification and promotion of officers of the Commission; (c) the duties of officers of the Commission; ( d) the financial management of the Commission; and (e) such other matters as may, in his opinion, be necessary or expedient for preventing the abuse or neglect of duty by an officer and for upholding the efficiency and integrity of the Commission. - 8 Verify source ↗
Section 8
AI-assisted research summary: The Commission’s funds come from appropriations, grants or donations, and money that accrues to it. It may accept donations, borrow money, charge fees, and invest unused funds.
8. (I) The funds of the Commission shall consist of such moneys as may- Conditions of service Identity card Staff Rules Funds of Commission ' '· ., � r I, I! I: I' ,: ,,' .1 I' ( a) be appropriated by Parliament for the purposes of the Commission; and (b) be paid to the Commission by way of grants or donations; and ( c) vest in or accrue to the Commission. (2) The Commission may-- ( a) accept money by way of grants or donations; (b) raise by way of loans or otherwise from any source in Zambia and, subject to the approval of the Minister, from any source outside Zambia, such money as it may require for the discharge ofits functions; and (c) charge and collect fees in respect of programmes, publica tions, seminars, consultancy and other services provided by the Commission. (3) There shall be paid from the funds of the Commission- ( a) the salaries, allowances, loans, gratuities and pensions of the staff of the Commission and other payments for the recruitment and retention of staff; I 1! 228 No. 37 of 1993] Narcotic Drugs and Psychotropic Substances (b) such reasonable travelling and subsistence allowances for staff of the Commission when engaged on the business of the Commission and at such rates as the Commission may detennine; and ( c) any other expenses incurred by the Commission in the perfonnance of its functions. (4) The Commission may invest in such manner as it thinks fitsuchof its funds as it does not immediately require for the discharge of its functions. Finacial year - 9 Verify source ↗
The financial year of the Commission shall be period of
AI-assisted research summary: The Commission’s financial year is 12 months long and ends on 31 December each year.
9. The financial year of the Commission shall be period of twelve months ending on 31st December in each year. Accounts - 10 Verify source ↗
(1) The Commission shall cause to be kept proper books of
AI-assisted research summary: The Commission must keep proper accounting records, have its accounts audited annually by independent auditors it appoints, and pay the auditors’ fees.
10. (1) The Commission shall cause to be kept proper books of Annual repons account and other records relating to its accounts. (2) The accounts of the Commission shall be audited annually by independent auditors appointed by the Commission. (3) The auditors' fees shall be paid by the Commission. - 11 Verify source ↗
( 1) As soon as practicable but not later than six months after
AI-assisted research summary: The Commission must report on its activities to the Minister within six months after the financial year ends, and the Minister must lay the report before the National Assembly within seven days after its next sitting.
11. ( 1) As soon as practicable but not later than six months after the expiry of the financial year, the Commission shall submit to the Minister a report concerning its activities during the financial year. (2) The report referred toin subsection (1) shall include infonna tion on the financial affairs of the Commission and there shall be appended to the report- ( a) an audited balance sheet; (b) an audited statement of income and expenditure; and ( c) such other infonnation as the Minister may require. (3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in subsection (I), Jay it before the National Assembly. SECOND SCHEDULE (Section 2) PART ! i. NARC011C DRUGS Acetorphlne--{3-0-acetyltetrahydro " 7a- (l-hydroxy-1-melhylbutyl) -6. 14 endoethcno-oripavine). Acetylmelbadol-(3-acetoxy-6-dimelhylamono-4. 4-diphenylheptane). Allylprodlne-{3-allyil-l-lnelhyl-4-phenyl-4-pr�pionoxy-piperidine). Alphacetylmelbadol-(iilpha-3-acelOxy-6-dimelhylamino-404-dipheylheptane). Alphameprodlne-{alpha-3selhyl-1-melhyl-l-4-phenyl-4propionoxyperidine). Alphamelbadol-(alpha-6-dim�lhylamino-4, -4 diphenyl-3-heptanol). Alphaprodlne-(alpha-1, 3-dimethyl-4-phenyl-4 propionoxy piperidine). ( Narcotic Drugs and Psychotropic Substances [f'io. 37 of 1993 229 Anllerldlne-(!-para-aminophenethyl-4-phenylpiperidine-4-caroboxylic acid ethyl ester). Benzethldlne-( I -{2-benzyloxyethy I) -4-phenypiperidine-4-carboxy lie acid ethyl ester). Benzeylmorphlne-(3-bcnzyimorphine). Belacetylmethadol--(beta-3-acctoxy-6-dimethylarnino-4, 4-diphenylheptane). Etoxerldlne-(1-[2-(2-hydroxyethoxy)-ethyl]-4-phenylpiperidine4-carboxylic acid ester). Fentanyl-(l-phenethyl-4-N-propionylanilinppiperidine). Furethidlne-(1-(2-tetrahydrofurfuryloxyelhyl)-4-phenylpiperidine-4-carboxylic acid ethy} ester). 1 1\- :-. Heroin---(diacctylmorphine). Hydrocodone-(dihydrocodeinone). Hydromorphlnol-(14-hydroxydihydromorphine). Hydroxypethldlne-(4-meta-hydroxyphenyl-1-methylpiperidine-4-carboxylic acid ethyl ester) Isomethadone-(6-dimethylarnino-5-methyl-4,4-diphenyl-3-hexanone) Ketohemldone-(4-meta-hydroxyphenyl-l -methyl-4-propionylpiperidine). Levometborphan-(-)-3-methoxy-N-methylmorphinan). Levomoramide-(-)-4-[2-methyl-4-oxo-3, 3-dipheny-4-(1 -pyrrolidinyl) butyl] morpholi�e ). Levophenacylmorphan-(- ) -3-hydroxy-N-phenacylmorphinan). Lev'orphanol---(-)-3-hyadroxy-N-methylmorphinan). Metazoclne-(2'-hydroxy-2, 5, 9-lrimethyl-6,7-bcnzomorphan) . Methadone-(6-dimethylamino-4, 4-diphenyl-3-heptanone). Methadone Intermedlate-(4-cyano-2-dimethylarnono-4, 4-diphenylbutane). Methyldesorphlne-(6-methyl-delta-6-dcoxymorphine). Methyldlhydromorphlne-(6-methyldihydromorphine). Metopon-(5-methyldinhydromorphine). Moramlde lnlermedlate-(2-methyl-3-morpholino-1, 1 - diphenylpropane car boxylic acid) Morphine Morphine Methobromlde and other pcntavalcnt nitrogen morphine derivatives. Morphlne-N-Oxide Myrophlne-(myristylbcnzylmorphine). Nicomorphlne--(3, 6-dinicotinylmorphine). Noracymelhadol-((+ ) -alpha-3-acetoxy-6-methylarnino-4, 4-diphenylheptane). Norlevorphanol-((-)3 -hydroxymorphinan). Normethadone-(6-dimethylarnino-4, 4-diphenyl-3-hexanone). Normophlne-(demcthylmorphine). Norpipanone-(4, 4-diphenyl-6-piperidino-3-hexanone). • r. 230 No. 37 of 1993] Narcotic Drugs and Psychotropic Substances _Opium Oxycodone--(14-hydroxydihydrocodeinone). Oxymorpbone--(14-hydroxydihydromorphinone). Petbldlne-{l -methyl-4-phenylpiperidine-4-carboxylic acid ethyl ester). Pethidine Intermediate A-{4-cyano-1-methyl-4-phenyl-piperidine). Pethidine Intermediate B--(4-phenylpiperidine-4-carboxylic acid ethyl ester). Pethidine Intermediate C-{l-methyl-4-phenylpiperidine-4-carboxylic acid). Phenodoxone--(6-morpholino-4-, 4-diphenyl-3-heptanone). Phenompromlde-{N-(l-methyl-2-pipericlinoethyl) propionanilide). Phenozoclne-{2'-hydroxy-5, 9-dimcthyl-2-phcnethyl-6, 7-benzomorphan). Phenomorphnn-{3-hydroxy-N-phenethylmorphinon). Phenoperldlne-{1-(3-hydroxy-3-phenylpropyl)-4-phenylpiperidine-4-carboxy- lic acid e�yl ester). Plmlnodlne--(4-phenyl-1-(3-phenylaminopropyl)piridine-4-carboxylicacidethyl ester). Plrllramlde--(1-3-cyano-3, 3-diphenylpropyl) -4-(1-piperidino)-piperidine-4- carboxylic acid amide). Phobeptazlne-{l,3-dimcthyl-4-phenyl-4-propionoxyazacyclohcptane). Properldlne--{1-methyl-4-phcnylpiperidine-4-caboxylic acid isopropyl ester). Racemethorphan-{(+) -3-methoxy-N-methylmorphinan). Racemoramlde-{(+) -4- [2-methyl-4-oxo-3, 3-diphenyl-4-(1-pyrrolidinyl) bu· tyl] morpholine. Racemorpban-{(+) -3-hydroxy-N-methylmorphinan). Thebacon-{acetyldihydrocodeinone). Thebalne Trbneperldlne--(1,2,5-trimethyl-4-propionoxypiperidine); and The isomers, unless specifically excepted, of the drugs in this Schedule whenever the existence of such isomers is possible witlyn the specific chemical designation; The esters and ethers, unless appearing in another Schedule, of the drugs in this Schedule whenever the existence of such esters or ·ethers is possible. The salts of the drugs listed in this Schedule, including the salts of esters, ethers and isomers as provided above whenever the existence of such salts is possible. Acetyldlhydrocodelne Codelne--(3-methylmorphine). Hydrocodelne Ethylmorphlne-{3-ethylmorphine). Nlcodlne--(6-nicotinylcodeine). Nlcodlcodlne--(6-nocotinyldihydrocodeine). Norcodelne-{N-demethylcodeine). Pholcodlne-{morpholinylethylmorphine). Proplram-:-(N-(l-methyl-2 pipericlinocthyl) -N-2-pyridylpropionamide) I , ' 1 ' • r / Narcotic Drugs and Psychotropic Substances [No. 37 of 1993 231 Coca leaf Crude cocaine/cocaine paste Cocaine Free base cocaine/(crack) Other coca products quantity Benzolaconine, methylecgonine. Cinnamoylcocaine. Benzococaine,, Lidocaine, Benzocaine, Lidocaine, Tetracaine, Procaine hydrochloride.· PART II PsYCII01ROPIC SUBSTANCES INN other ,um -proprieJary Ch£mical name or trivial names DET DMPH
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Narcotic Drugs and Psychotropic Substances Act, 1993
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