DANGEROUS DRUGS

CHAPTER 35:02
DANGEROUS DRUGS

ARRANGEMENT OF SECTIONS

    SECTION

PRELIMINARY

    1.    Short title

    2.    Interpretation

PART I
COCA LEAVES, INDIAN HEMP, AND RAW OPIUM

    3.    Application of this Part

    4.    Restriction on import and export of drugs to which this Part applies and of plants from which such drugs are derived

    5.    Special restriction on export to certain countries of drugs to which this Part applies and of plants from which such drugs are derived

    6.    Regulations

PART II
PREPARED OPIUM

    7.    Interpretation in this Part

    8.    Import and export of prepared opium prohibited

    9.    Offences

PART III
MEDICINAL OPIUM, COCAINE, MORPHINE, AND OTHER DRUGS

    10.    Application of this Part

    11.    Restriction on import and export of drugs to which this Part applies

    12.    Power to control manufacture, sale, etc., of drugs to which this Part applies

PART IV
CONTROL OF TRADE IN NEW DRUGS

    13.    Prohibition of trade, etc., in new drugs

    14.    Power to apply Part III to new drugs

PART V
GENERAL

    15.    Appointment of inspectors

    16.    Powers of inspection

    17.    Powers of search, seizure, and forfeiture

    18.    Persons upon whom powers of inspection, etc., are conferred to produce proof of identity

    19.    Offences and penalties

    20.    Power of arrest

    21.    Licences and authorities Schedule

28 of 1955(F)
25 of 1956(F)
20 of 1995
G.N. 224/1963(F)
219/1964(N)

    An Act to control the importation, exportation, production, possession, sale, distribution, and use of dangerous drugs, and for matters incidental thereto

PRELIMINARY

1.    Short title

    This Act may be cited as the Dangerous Drugs Act.

2.    Interpretation

    (1) In this Act, unless inconsistent with the context—

    “corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of the government of another country to be a law providing for the control and regulation in that country of the manufacture, sale, use, export, and import of drugs in accordance with the Hague Convention, the Geneva Convention (No. 1), and the Geneva Convention (No. 2);

    “Geneva Convention (No. 1)” means the International Opium Convention signed at Geneva on the 19th February, 1925;

    “Geneva Convention (No. 2)” means the International Convention for limiting the manufacture, regulation, and distribution of narcotic drugs signed at Geneva on the 13th July, 1931;

    “Hague Convention” means the International Opium Convention signed at the Hague on the 3rd January, 1912;

    “inspector” means an inspector appointed under section 15;

    “superior police officer” means a police officer above the rank of inspector of police.

    (2) In any certificate such as is referred to in the definition of “corresponding law” in subsection (1), a statement as to the effect of the law mentioned in such certificate or a statement in any such certificate that any facts constitute an offence against that law shall be conclusive.

PART I
COCA LEAVES, INDIAN HEMP, AND RAW OPIUM

3.    Application of this part

    (1) The drugs to which this Part applies are—

    (a)    coca leaves;

    (b)    “Indian hemp”, “bhang”, “camba”, “dagga”, “mbanje” or “intsangu”, resins obtained therefrom and all preparations of which such resins form the base;

    (c)    raw opium.

    (2) In this section—

    “coca leaves” means the leaves of any plant of the genus of the erythroxylaceae from which cocaine can be extracted either directly or by chemical transformation;

    “Indian hemp”, “bhang”, “camba”, “dagga”, “mbanje” or “intsangu” means the whole or any portion, whether green or dry, of the plant, including the seeds thereof, but excluding—

    (a)    any fibre extracted from the plant for use as or in the manufacture of cordage, canvas or similar products; or

    (b)    any seed which has been crushed, comminuted or otherwise processed in such a manner as to prevent germination; or

    (c)    the fixed oil obtained from the seed;

    “medicinal opium” means raw opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, 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;

    “raw opium” includes powdered or granulated opium, but does not include medicinal opium.

    (3) Any reference in this Part or in any regulation made thereunder to plants from which such drugs are derived shall include a reference to the plant “Indian hemp”, “bhang”, “camba”, “dagga”, “mbanje” or “intsangu”.

4.    Restriction on import and export of drugs to which this Part applies and of plants from which such drugs are derived

    No person shall import into or export from Malawi any drugs to which this Part applies, or plants from which such drugs are derived,…