Laws of Malawi

DANGEROUS DRUGS: SUBSIDIARY LEGISLATION

Muli bwanji!Lilongwe

DANGEROUS DRUGS: SUBSIDIARY LEGISLATION

DANGEROUS DRUGS REGULATIONS

ARRANGEMENT OF REGULATIONS

PRELIMINARY

    REGULATION

    1.    Citation

    2.    Interpretation

PART I
PART I DRUGS

    3.    Occupier and owner

    4.    Restrictions on unauthorized or unlicensed persons

    5.    Restrictions on authorized or licensed persons

    6.    Cultivation

    7.    Clearing of land

    8.    Persons permitted to acquire, possess, and supply Part I drugs

    9.    Records

PART II
PART III DRUGS

    10.    Manufacture only by authorized persons

    11.    Conditions of manufacture

    12.    Supply by unauthorized person

    13.    Supply and administration

    14.    Possession

    15.    Conditions on authorized possession

    16.    Treatment

    17.    Persons authorized to administer treatment

    18.    Authority of authorized seller

    19.    Midwife’s use of drugs

    20.    Use of drugs by an aircraft operator

    21.    Licensing by the Minister

    22.    Form of prescription

    23.    Preconditions to supplying Part III drug or preparation

    24.    Procurement by an authorized or licensed person

    25.    Report of necessity of prescribing a Part III drug

    26.    Addiction

    27.    Marking of package or bottle

    28.    Register of quantity dispersed

    29.    Diacetylmorphine

PART III
PARTIALLY CONTROLLED DRUGS

    30.    Possession and manufacture

    31.    Restrictions

    32.    Marking and quantity

    33.    Register of quantity and purchase

    34.    Exceptions

PART IV
GENERAL

    35.    Possession

    36.    Interpretation

    37.    Revocation

    38.    Withdrawal of authority

    39.    Delivery to an agent of the recipient

    40.    Export from another country

    41.    Exemption

    42.    Method of keeping a register

    43.    Preservation of records

    44.    Form of application for a licence or permit

    45.    Import and export restrictions

    46.    Consignment of drugs

    47.    Cessation of practice

        Schedules

G.N. 59/1956(F
227/1956(F)
321/1959(F)
138/1961(F
250/1963(F)
224/1963

DANGEROUS DRUGS REGULATIONS

under s. 2 (1)

PRELIMINARY

1.    Citation

    These regulations may be cited as the Dangerous Drugs Regulations.

2.    Interpretation

    (1) In these Regulations, unless inconsistent with the context—

    “authorized person” means a person authorized or treated as authorized in terms of regulation 8, 16 (1), 17, 18, 19, 20 or 39 (2), as the context in each case requires, to supply, administer, distribute, procure, advertise for sale, acquire, possess, carry on any process in the manufacture of or manufacture any drug by virtue of being a person or a member of a class of persons specified in that section, and “authorized” shall be construed accordingly;

    “authorized seller of poisons” means any person authorized to sell poisons in terms of any pharmacy or poisons law;

    “dangerous drugs register” means the register required to be kept in terms of regulation 9,28 or 33;

    “dental surgeon” means a person (registered or exempted from registration as a dental surgeon or dentist under the Medical Practitioners and Dentists Registration Act;

    “drug” means any Part I drug, any Part III drug, any any Part III preparation or any partially controlled drug;

    “licensed person” means a person authorized to supply, distribute, procure, advertise for sale, acquire, possess or, as the case may be, carry on any process in the manufacture of or manufacture any drug or cultivate any plant from which a drug is derived by virtue of the terms and conditions of a licence issued to him for that purpose, and “licence” and “licensed” shall be construed accordingly;

    “medical practitioner” means a person registered or exempted from registration as a medical practitioner under the Medical Practitioners and Dentists Registration Act;

    “midwife” means a fully trained practising midwife who is in possession of a valid midwife’s supply order;

    “midwife’s supply order” means an order in the form prescribed in the First Schedule for the supply of tincture of opium and any preparation containing pethidine;

    “Part I drug” means any drug to which Part I of the Act applies, other than an extract or tincture of Indian hemp;

    “Part III drug” means any drug to which Part III of the Act applies which is not—

    (a)    a partially controlled drug; or

    (b)    a Part III preparation;

    “Part III preparation” means a preparation containing such proportion of any drug to which Part III of the Act applies, other than a partially controlled drug, as is sufficient to make the preparation a drug to which Part III of the Act applies, but does not include—

    (a)    any preparation with respect to which the Minister has, in terms of section 10 (4) of the Act, declared that Part III of the Act shall not or shall cease to apply; or

    (b)    any preparation specified in the Second Schedule;

    “partially controlled drug” means any drug or product to which the Minister has, in terms of section 10 (3) or, as…

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