Drugs (Prevention of Misuse) (Jersey) Law 1964

Jersey Law 24/1964

 

“DRUGS (PREVENTION OF MISUSE) (JERSEY) LAW, 1964”,

 

CONFIRMÉ PAR

 

Ordre de Sa Majesté en Conseil

 

en date du 22 décembre 1964.

____________

 

(Enregistré le 31 décembre 1964).


ARRANGEMENT OF ARTICLES

 

Article

 

1.

Interpretation...................................................................

2.

Penalization of unauthorized possession of scheduled substances......................................................................

3.

Power to search for scheduled substances ......................

4.

Forfeiture of substances in respect of the possession of which offences have been committed............................

5.

Restriction of importation of scheduled substances..........

6.

Power to amend Schedule.................................................

7.

General provision as to orders..........................................

8.

Offences by bodies corporate...........................................

9.

Short title and commencement.........................................

Schedule..................................................................…..................


DRUGS (PREVENTION OF MISUSE) (JERSEY) LAW, 1964.

____________

A LAW   to penalize the possession and restrict the importation of drugs of certain kinds, sanctioned by Order of Her Majesty in Council of the

 

22nd day of DECEMBER, 1964.

____________

 

(Registered on the 31st day of December, 1964).

____________

 

STATES OF JERSEY.

____________

 

The 13th day of October, 1964.

____________

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law :  -

ARTICLE 1

INTERPRETATION

(1)           In this Law –

“authorized seller of poisons” has the same meaning as in the Pharmacy, Poisons and Medicines (Jersey) Law, 1952 ;1

“the Committee” means the Public Health Committee ;

“enactment” includes any enactment of the Parliament of the United Kingdom ;

“master” has the same meaning as in the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60) ;

“medical store-carrying ship” means a ship on board of which a supply of medicine and medical stores is required to be kept under section 200 of the Merchant Shipping Act, 1894 (57 & 58 Vict. c.60) ;

“order”, except in Article 4, means an order made by the Committee under this Law ;

“registered dentist” has the same meaning as in the Dentists (Registration) (Jersey) Law, 1961 ;2

“registered medical practitioner” has the same meaning as in the Medical Practitioners (Registration) (Jersey) Law, 1960 ;3

“registered pharmacist” has the same meaning as in the Pharmacy, Poisons and Medicines (Jersey) Law, 1952 ;4

“registered veterinary surgeon” means a veterinary surgeon registered under the law for the time being regulating the exercise of that profession in the Island ;

“the Schedule” means the Schedule to this Law.

(2)           Any reference in this Law to any other enactment shall be construed as a reference to that enactment as amended by any subsequent enactment.

ARTICLE 2

PENALIZATION OF UNAUTHORIZED POSSESSION OF SCHEDULED SUBSTANCES

(1)           Subject to any exemptions for which provision may be made by order and to the following provisions of this Article, it shall not be lawful for a person to have in his possession a substance for the time being specified in the Schedule unless –

(a)     it is in his possession by virtue of the issue of a prescription by a registered medical practitioner or a registered dentist for its administration by way of treatment to him or to a person under his care ; or

(b)     it is in his possession by virtue of the issue of a prescription by a registered veterinary surgeon for its administration by way of treatment to an animal under his care ; or

(c)     he is registered in a register kept for the purposes of this paragraph by the Committee as a manufacturer of, or a dealer in bulk in, substances for the time being specified in the Schedule.

(2)           Paragraph (1) of this Article shall not be taken to prohibit the possession of a substance for the time being specified in the Schedule by a person of any of the following descriptions, namely –

(a)     a registered medical practitioner ;

(b)     a registered dentist ;

(c)     a registered veterinary surgeon ;

(d)     a registered pharmacist ;

(e)     an authorized seller of poisons ;

(f)      a person acting in accordance with the directions of a person of a description specified in any of sub-paragraphs (a) to (d) above ;

(g)     a person appointed by the person in control of a hospital, clinic, nursing home or other institution providing medical, surgical, dental or veterinary treatment to be in charge of drugs kept there for the purpose of the administration thereof to patients by way of treatment ;

(h)     a person in charge of a laboratory the recognised activities of which consist in, or include, the conduct of scientific education or research ;

(j)      an official analyst named and appointed under Article 8 of the “Loi touchant la falsification des denrées”, confirmed by Order of Her Majesty in Council of the third day of April, 1886 ;5

(k)     a sampling officer named and appointed under Article 10 of the “Loi touchant la falsification des denrées”, confirmed by Order of Her Majesty in Council of the third day of April, 1886 ;6

provided that it is in his possession for the purpose of his acting in the capacity of a person of that description.

(3)           Paragraph (1) of this Article shall not be taken to prohibit the possession, by the owner of a medical store carrying ship, of a substance for the time being specified in the Schedule for the purpose of the administration thereof, by way of treatment, to persons on board of the ship, or to prohibit the possession, by the master of such a ship which does not carry on board as part of her complement a registered medical practitioner, of such a substance for that purpose.

(4)           Paragraph (1) of this Article shall not be taken to prohibit the possession of a substance for the time being specified in the Schedule by any person in the employ of the Crown or any administration of the States or any police officer, acting in the course of his duty as such.

(5)           The Committee shall have the power, in its discretion, to refuse to register a person in the register kept for the purposes of sub-paragraph (c) of paragraph (1) of this Article if, in its opinion, he is not a proper person to be registered, and to cancel the registration of a person who, in its opinion, has ceased to be a person proper to be registered.

(6)           Any person who has a substance in his possession in contravention of the provisions of this Article shall be guilty of an offence and shall be liable to a fine or to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

ARTICLE 3

POWER TO SEARCH FOR SCHEDULED SUBSTANCES

If it appears to the Bailiff on information on oath that there is reasonable cause to suspect that a substance for the time being specified in the Schedule is, in contravention of Article 2 of this Law, in the possession of a person in any premises, the Bailiff may issue a warrant authorizing any police officer named therein, at any time or times within one month from the date of the warrant, to enter, if need be by force, the premises specified in the warrant, and to search the premises and any persons found therein and, if there is reasonable cause to suspect that an offence under the said Article 2 has been committed in relation to any such substance as aforesaid which may be found in the premises or in the possession of any such persons, to seize it.

ARTICLE 4

FORFEITURE OF SUBSTANCES IN RESPECT OF THE POSSESSION OF WHICH OFFENCES HAVE BEEN COMMITTED

(1)           The court by or before which a person is convicted of an offence under Article 2 of this Law with respect to a substance may order any quantity of it which has been found in his possession to be forfeited.

(2)           Any order made under this Article shall not take effect until the expiration of the ordinary time within which an appeal in the matter of the proceedings in which the order was made may be lodged or, where such appeal is duly lodged, until the appeal is finally decided or abandoned.

ARTICLE 5

RESTRICTION OF IMPORTATION OF SCHEDULED SUBSTANCES

(1)           The importation, save under the authority, and in accordance with the terms, of a licence granted by the Committee, of a substance for the time being specified in the Schedule is hereby prohibited.

(2)           A licence under this Article may be, to any degree, general or specific, and may be modified or revoked by the Committee at any time.

(3)           Any person authorized in that behalf by the Agent of the Impôt may require any person possessing or having control of a substance for the time being specified in the Schedule which is being or has been imported to furnish proof that the importation of the substance is or was not unlawful by virtue of this Article ; and if such proof is not furnished to the satisfaction of the person thus authorized the substance shall be liable to sequestration in accordance with the procedure prescribed by the Import Duties (Jersey) Law, 1932.7

(4)           A substance imported by a person under the authority and in accordance with the terms of a licence granted under this Article shall be deemed not to be in his possession in contravention of Article 2 of this Law.

(5)           Without prejudice to liability to a penalty which he may have incurred under any other enactment, a person who contravenes, or fails to comply with, a term of a licence granted under this Article shall be guilty of an offence and shall be liable to a fine not exceeding two hundred pounds or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.

ARTICLE 6

POWER TO AMEND SCHEDULE

If it appears to the Committee that a substance should be added to, or removed from, the Schedule, it may by order make the requisite modifications therein.

ARTICLE 7

GENERAL PROVISION AS TO ORDERS

The Subordinate Legislation (Jersey) Law, 1960,8 shall apply to orders made under this Law.

ARTICLE 8

OFFENCES BY BODIES CORPORATE

Where an offence under this Law which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against accordingly.

ARTICLE 9

SHORT TITLE AND COMMENCEMENT

(1)           This Law may be cited as the Drugs (Prevention of Misuse) (Jersey) Law, 1964.

(2)           This Law, in so far as it relates to the registration of persons for the purposes of sub-paragraph (c) of paragraph (1) of Article 2 thereof and to the licensing of the importation of substances, shall come into force forthwith on promulgation, but save as aforesaid shall not come into force until the expiration of the period of three months beginning with that date.


SCHEDULE

(Article 2)

SUBSTANCES REFERRED TO IN THIS LAW

1.             Beta-aminopropylbenzene.

2.             Beta-aminoisopropylbenzene.

3.             Any synthetic compound structurally derived from either of the substances aforesaid by substitution in the side chain or by ring closure therein (or by both such substitution and such closure), except ephedrine, N-ethylephedrine, N-methylephedrine, N-diethylaminoethylephedrine, oxethazaine, phenylpropanolamine, prenylamine and tropic acid N-ethyl-N-(gammapicolyl)amide.

4.             Chlorphentermine.

5.             Pemoline.

6.             Any salt of either of the substances specified in paragraphs 1 and 2 above, of a compound falling within paragraph 3 above or of either of the substances specified in paragraphs 4 and 5 above.

7.             Any substance containing any proportion of either of the substances specified in paragraphs 1 and 2 above, of a compound falling within paragraph 3 above, of either of the substances specified in paragraphs 4 and 5 above or of such a salt as is mentioned in paragraph 6 above.

 

A.D. LE BROCQ,

 

Greffier of the States.



1        Tome 1951–1953, page 322.

2        Tome 1961–1962, page 136.

3        Tome 1957–1960, page 493.

4        Tome 1951–1953, page 326 and Tome 1957–1960, page 389.

5        Tomes IV-VI, page 70.

6        Tomes IV-VI, page 71.

7        Tomes VII, page 148.

8        Tome 1957–1960, page 519.


Page Last Updated: 27 Apr 2016