Misuse of Drugs
(Jersey) Law 1978[1]
A LAW to make provision with respect to dangerous or otherwise harmful
drugs and for matters connected therewith
Commencement [see endnotes]
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“cannabis” (except in the expression “cannabis
resin”) means any plant of the genus Cannabis or
any part of any such plant, but does not include cannabis resin or any of the
following products after separation from the rest of the plant, namely –
(a) mature stalk of any such plant;
(b) fibre produced from mature stalk of any such
plant; and
(c) seed of any such plant;
“cannabis resin” means the separated resin,
whether crude or purified, obtained from any plant of the genus Cannabis;
“controlled drug” has the meaning assigned
thereto by Article 3;
“corresponding law” has the meaning assigned
thereto by Article 21(6);[2]
“Customs and Excise Law” means the Customs and Excise (Jersey) Law 1999;[3]
“dentist” means a person registered as a
dentist under the Dentists (Registration)
(Jersey) Law 1961;[4]
“doctor” means a registered person within
the meaning of the Medical Practitioners
(Registration) (Jersey) Law 1960;[5]
“enactment” includes an enactment of the United
Kingdom;
“Medical Officer of Health” means the person
appointed as such under the Loi (1934) sur
la Santé Publique;[6]
“Minister” means the
Minister for Health and Social Services;
“person lawfully conducting a retail pharmacy business”
shall be construed in accordance with Article 68 of the Medicines (Jersey) Law 1995;[7]
“pharmacist” means a person registered as a
pharmacist under the Pharmacy and Poisons
(Jersey) Law 1952;[8]
“police officer” means a member of the
Honorary Police or the States of Jersey Police Force;[9]
“practitioner” means a doctor, dentist or
veterinary surgeon;
“premises” includes a vessel;
“prepared opium” means opium prepared for
smoking and includes dross and any other residues remaining after opium has
been smoked;
“prescribed” means prescribed by Order;
“produce” where the reference is to
producing a controlled drug, means producing it by manufacture, cultivation or
any other method, and “production” shall be construed accordingly;
“scheduled substance” has the meaning
assigned thereto by Article 6(3);[10]
“supplying” includes distributing;
“veterinary surgeon” means a recognized
veterinary surgeon under the Veterinary
Surgeons (Jersey) Law 1999.[11]
(2) References
in this Law to misusing a drug are references to a person misusing it by taking
it by way of any form of self-administration, whether or not involving
assistance by another person.
(3) For
the purposes of this Law any thing which a person has in his or her possession
shall be taken to include any thing subject to the person’s control which
is in the custody of another.
(4) Any
reference in this Law to any other enactment shall be construed as a reference
to that enactment as amended or extended by or under any other enactment.
2 Constitution
of Advisory Council on Misuse of Drugs
(1) There
shall be constituted in accordance with Schedule 1 an Advisory Council on the
Misuse of Drugs (in this Law referred to as “the Council”) and the
supplementary provisions contained in that Schedule shall have effect in
relation to the Council.
(2) It
shall be the duty of the Council to keep under review the situation in Jersey
with respect to drugs which are, or appear to it likely to be, misused, and of
which the misuse is having, or appears to it capable of having, harmful effects
sufficient to constitute a social problem, and to give to the Minister, where
either the Council considers it expedient to do so or it is consulted by the
Minister, advice on the measures which, in the opinion of the Council, ought to
be taken for preventing the misuse of such drugs or dealing with social
problems connected with their misuse, and in particular on measures which, in
the opinion of the Council, ought to be taken –
(a) for restricting the availability of such
drugs or supervising the arrangements for their supply;
(b) for enabling persons affected by the misuse
of such drugs to obtain proper advice, and for securing the provision of proper
facilities and services for the treatment, rehabilitation and after-care of
such persons;
(c) for promoting co-operation between the
various professional and community services which in the opinion of the Council
have a part to play in dealing with social problems connected with the misuse
of such drugs;
(d) for educating the public, and in particular,
the young, in the dangers of misusing such drugs, and for giving publicity to
those dangers;
(e) for obtaining information about any matter
which, in the opinion of the Council, is of relevance for the purpose of
preventing the misuse of such drugs or dealing with any social problem
connected with their misuse.
(3) For
the purposes of carrying out its functions under paragraph (2) of this Article,
the Council may, from time to time, consult with the Advisory Council on the
Misuse of Drugs set up by the Misuse of
Drugs Act, 1971 of the United Kingdom.
(4) It
shall also be the duty of the Council to consider any matter relating to drug
dependance or the misuse of drugs which may be referred to it by the Minister
and to advise the Minister thereon, and in particular to consider and advise
the Minister with respect to any communication referred to it, being a
communication relating to the control of any dangerous or otherwise harmful
drug made by any organisation or authority established by or under any treaty,
convention or other agreement or arrangement.
(5) The
States may by Regulations amend Schedule 1.
3 Controlled
drugs and their classification
(1) For
the purposes of this Law –
(a) the expression “controlled drug” means any substance or
product for the time being specified in Parts 1, 2 or 3 of Schedule 2;
(b) the expressions “Class A drug”,
“Class B drug” and “Class C drug” mean any of the
substances and products for the time being specified respectively in Part 1,
Part 2 or Part 3 of that Schedule,
and the provisions of Part 4 of
that Schedule shall have effect with respect to the meanings of expressions
used in that Schedule.
(2) The
Minister may by Order make such amendments to Schedule 2 as may be requisite
for the purpose of adding any substance or product to, or removing any
substance or product from, any of Parts 1, 2 or 3 of that Schedule.
(3) An
Order under this Article may amend Part 4 of Schedule 2, and may do so whether
or not it amends any other part of that Schedule.
4 Restrictions
on importation or exportation of controlled drugs
(1) Subject
to the provisions of paragraph (2) the importation or exportation of a
controlled drug is hereby prohibited.
(2) Paragraph
(1) does not apply –
(a) to the importation or exportation of a
controlled drug which is for the time being exempted from the provisions of paragraph (1)
by an Order made under Article 12; or
(b) to the importation or exportation of a
controlled drug under and in accordance with the terms of a licence issued by
the Minister and in compliance with any conditions attached thereto.
5 Restrictions
on production and supply of controlled drugs
Subject to the provisions of any
Order for the time being in force under Article 12, it is an offence for a
person –
(a) to
produce or be concerned in the production of a controlled drug;
(b) to
supply or offer to supply a controlled drug to any person; or
(c) to
be concerned in the supplying of, or in the making of an offer to supply, a controlled
drug to any person.
6 Manufacture
and supply of scheduled substances[12]
(1) It
is an offence for a person –
(a) to manufacture a
scheduled substance; or
(b) to supply such a
substance to another person,
knowing or suspecting that the substance is to be used in or for the
unlawful production of a controlled drug.
(2) In
this Article “unlawful production of a controlled drug” means the
production of such a drug which is unlawful by virtue of Article 5(a).
(3) In
this Law “a scheduled substance” means a substance for the time
being specified in Schedule 5.
(4) The
States may by Regulations amend Schedule 5 (whether by addition, deletion or
transfer from one Table to the other) but no such Regulations shall add any
substance to the Schedule unless –
(a) it appears to the
States to be frequently used in or for the unlawful production of a controlled
drug; or
(b) it has been added to
the annex to the Vienna Convention under Article 12 of that Convention.
(5) In
this Article “the Vienna Convention” means the United Nations
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances which was signed in Vienna on 20th December 1988.
7 Orders
about scheduled substances[13]
(1) The
Minister may by Order make provision –
(a) imposing requirements
as to the documentation of transactions involving scheduled substances;
(b) requiring the keeping
of records and the furnishing of information with respect to such substances;
(c) for the inspection of
records kept pursuant to the Order;
(d) for the labelling of
consignments of scheduled substances.
(2) Orders
made under paragraph (1)(b) may, in particular, require –
(a) the
notification of –
(i) the
proposed exportation from Jersey to any country specified in the Order, or
(ii) the
arranging or procuring, in Jersey, of the proposed exportation from any other
country to any country specified in the Order,
of any substance specified in Table 1 of Schedule 5; and
(b) the production, in such
circumstances as may be so specified, of evidence that the required
notification has been given,
and for the purposes of Article 37 of the Customs and Excise Law any such substance
shall be deemed to be exported contrary to a restriction for the time being in
force with respect to it under this Law if it is exported without the requisite
notification having been given.[14]
(3) Orders
under this Article may make different provision in relation to the substances
specified in Table 1 and Table 2 in Schedule 5 respectively and in relation to
different cases or circumstances.
(4) Any
person who fails to comply with any requirement imposed by an Order under this Article,
or in purported compliance with any such requirement, furnishes information
which the person knows to be false in a material particular or recklessly
furnishes information which is false in a material particular is guilty of an
offence.
(5) No
information obtained pursuant to an Order shall be disclosed except for the
purposes of criminal proceedings or of proceedings under the provisions of the Drug Trafficking Offences (Jersey) Law 1988[15] relating to the
confiscation of the proceeds of drug trafficking.
8 Restrictions
on possession of controlled drugs
(1) Subject
to the provisions of any Order for the time being in force under Article 12,
it is an offence for a person to have a controlled drug in his or her
possession.
(2) It
is an offence for a person to have a controlled drug in his or her possession,
whether lawfully or not, with intent to supply it to another person in
contravention of Article 5(b).
(3) In
any proceedings for an offence under paragraph (1) in which it is proved
that the accused had a controlled drug in his or her possession, it shall be a
defence for the accused to prove –
(a) that, knowing or suspecting it to be a
controlled drug, the accused took possession of it for the purpose of
preventing another from committing or continuing to commit an offence in
connection with that drug and that as soon as possible after taking possession
of it the accused took all such steps as were reasonably open to him or her to
destroy the drug or to deliver it into the custody of a person lawfully
entitled to take custody of it; or
(b) that, knowing or suspecting it to be a
controlled drug, the accused took possession of it for the purpose of
delivering it into the custody of a person lawfully entitled to take custody of
it and that as soon as possible after taking possession of it the accused took
all such steps as were reasonably open to him or her to deliver it into the
custody of such a person.
(4) The
provisions of paragraph (3) of this Article shall apply in the case of
proceedings for an offence under Article 21(4) as they apply in the case
of proceedings for an offence under paragraph (1) of this Article, subject
to the following modifications –
(a) for the reference to the accused having in
his or her possession, and to the accused’s taking possession of, a
controlled drug, there shall be substituted respectively references to the
accused’s attempting to get, and to him or her attempting to take,
possession of such a drug; and
(b) in paragraph (3)(a) and (b) the words
from “and that as soon as possible” to the end of those sub-paragraphs
shall be omitted.
(5) Nothing
in paragraph (3) shall prejudice any other defence which it is open to a
person charged with an offence under this Article to raise.
9 Prohibition
of certain activities relating to opium
It is an offence for a
person –
(a) to
smoke or otherwise use prepared opium;
(b) to
frequent a place used for the purpose of opium smoking;
(c) to
have in the person’s possession –
(i) any pipes or other utensils made or
adapted for use in connection with the smoking of opium, being pipes or
utensils which have been used by the person or with his or her knowledge and
permission in that connection or which he or she intends to use or permit
others to use in that connection, or
(ii) any utensils which have been used by the
person or with his or her knowledge and permission in connection with the preparation
of opium for smoking.
10 Prohibition
on possession of utensils for the purposes of committing an offence
It is an offence for a person to
have in his or her possession any needle, syringe or other utensil for the
purposes of committing an offence against this Law.
11 Occupier
of premises
A person commits an offence if,
being the occupier or concerned in the management of any premises, the person
knowingly permits or suffers any of the following activities to take place on
those premises –
(a) producing
or attempting to produce or supplying or attempting to supply a controlled drug
in contravention of Article 5;
(b) preparing
opium for smoking;
(c) smoking
cannabis, cannabis resin or prepared opium.
12 Authorization
of activities otherwise unlawful under this Law
(1) The
Minister may by Order –
(a) exempt from the provisions of
Article 4(2)(a) or 8(1) such controlled drugs as may be specified in the
Order;
(b) make such other provision as the Minister
thinks fit for the purpose of making it lawful for persons to do things which
under Article 5 or 8(1) it would otherwise be unlawful for them to do.
(2) Without
prejudice to the generality of paragraph (1)(b), any Order under this Article
authorizing the doing of any such thing as is mentioned in that sub-paragraph
may in particular provide for the doing of that thing to be lawful –
(a) if it is done in accordance with the terms
of a licence granted by the Minister and in compliance with any conditions
attached thereto; or
(b) if it is done in compliance with such
conditions as may be prescribed.
(3) Subject
to the provisions of paragraph (4), the Minister shall exercise his or her
power to make Orders under paragraph (1)(b) so as to secure –
(a) that it is not unlawful under Article 5
for a practitioner acting in the practitioner’s capacity as such, to
prescribe, administer, manufacture, compound or supply a controlled drug, or
for a pharmacist or a person lawfully conducting a retail pharmacy business,
acting in his or her capacity as such, to manufacture, compound or supply a
controlled drug;
(b) that it is not unlawful under Article 8(1)
for a practitioner, pharmacist or person lawfully conducting a retail pharmacy
business to have a controlled drug in his or her possession for the purposes of
acting in his or her capacity as such.
(4) If
in the case of any controlled drug the Minister is of the opinion that it is in
the public interest –
(a) for production, supply and possession of
that drug to be either wholly unlawful or unlawful except for purposes of
research or other special purposes; or
(b) for it to be unlawful for practitioners,
pharmacists and persons lawfully conducting retail pharmacy businesses to do in
relation to that drug any of the things mentioned in paragraph (3) except
under a licence or other authority granted by the Minister,
the Minister may, by Order,
designate that drug as a drug to which this paragraph applies and while there
is in force an Order under this paragraph designating a controlled drug as one
to which this paragraph applies, paragraph (3) shall not apply in relation
to that drug.
(5) In
this Article references to a person’s “doing” things include
references to the person’s having things in his or her possession.
13 Powers
of Minister for preventing misuse of controlled drugs
(1) Subject
to the provisions of this Law, the Minister may by Order make such provision as
appears to him or her necessary or expedient for preventing the misuse of
controlled drugs.
(2) Without
prejudice to the generality of paragraph (1), any Order under this Article
may, in particular, make provision –
(a) for requiring precautions to be taken for
the safe custody of controlled drugs;
(b) for imposing requirements as to the
documentation of transactions involving controlled drugs, and for requiring
copies of documents relating to such transactions to be furnished to the
prescribed authority;
(c) for requiring the keeping of records and the
furnishing of information with respect to controlled drugs in such
circumstances and in such manner as may be prescribed;
(d) for the inspection of any records kept in
pursuance of any Order made under this Article;
(e) for regulating the packaging and labelling
of controlled drugs;
(f) for regulating the transport of
controlled drugs and the methods used for destroying or otherwise disposing of
such drugs when no longer required;
(g) for regulating the issue of prescriptions
containing controlled drugs and the supply of controlled drugs on
prescriptions, and for requiring persons issuing or dispensing prescriptions
containing such drugs to furnish to the Medical Officer of Health such
information relating to those prescriptions as may be specified;
(h) for requiring any doctor who attends a
person whom the doctor considers, or has reasonable grounds to suspect, is
addicted to such controlled drugs as may be prescribed to furnish to the
Medical Officer of Health such particulars with respect to that person as may
be specified;
(i) for prohibiting any doctor from
administering, supplying, and authorizing the administration and supply of
controlled drugs to persons so addicted, and from prescribing for such persons
such controlled drugs as may be prescribed, except under and in accordance with
the terms of a licence issued by the Minister.
14 Special
precautions for safe custody of controlled drugs
(1) Without
prejudice to any requirement imposed by an Order made under Article 13(2)(a),
the Minister, or any person duly authorized in that behalf by the Minister, may
by notice in writing served on the occupier of any premises on which controlled
drugs are or are proposed to be kept, give directions as to the taking of
precautions or further precautions for the safe custody of any controlled drugs
of a description specified in the notice which are kept or are proposed to be
kept on those premises.
(2) Any
person who contravenes or who fails to comply with any direction given under
this Article shall be guilty of an offence.
15 Power
to obtain information from practitioners, pharmacists etc.
(1) If
it appears to the Minister that there exists in Jersey a social problem caused
by the misuse of dangerous or otherwise harmful drugs, the Minister may, by
notice in writing served on any practitioner or pharmacist or on any person
lawfully conducting a retail pharmacy business, require that person to furnish to
the Minister, with respect to any such drugs specified in the notice and as
regards any period so specified, such particulars as may be specified relating
to the quantities in which and the number and frequency of the occasions on
which those drugs were prescribed, administered or supplied by the person, as
the case may be.
(2) A
notice under this Article may require any such particulars to be furnished in
such manner and within such time as may be specified in the notice and, if
served on a pharmacist or person lawfully conducting a retail pharmacy
business, may require the person to furnish the names and addresses of
practitioners on whose prescriptions any dangerous or otherwise harmful drugs
to which the notice relates were supplied, but shall not require any person to
furnish any particulars relating to the identity of any person for or to whom
any such drug has been administered or supplied.
(3) A
person commits an offence if without reasonable excuse, proof of which shall
lie on him or her, the person fails to comply with any requirement imposed
under this Article.
(4) A
person commits an offence if in purported compliance with a requirement imposed
under this Article the person gives any information which he or she knows to be
false in a material particular or recklessly gives any such false information.
16 Directions
prohibiting prescribing, supplying, etc. of controlled drugs by practitioners, etc.
convicted of certain offences
(1) Where
a practitioner or pharmacist has after the coming into force of this Law been
convicted –
(a) of an offence under this Law or under the Dangerous Drugs (Jersey) Law 1954[16] or any enactment repealed by that Law; or
(b) of an offence under Articles 33, 37 or 61 of
the Customs and Excise (General Provisions)
(Jersey) Law 1972,[17] in connection with a prohibition or restriction on importation or
exportation of a controlled drug having effect by virtue of Article 4 of
this Law or which had effect by virtue of any provision contained in or
repealed by the Dangerous Drugs (Jersey)
Law 1954,
the Minister may give a direction
under paragraph (2) of this Article in respect of that person.[18]
(2) A
direction under this Article shall –
(a) if that person is a practitioner, be a
direction prohibiting the practitioner from having in his or her possession,
prescribing, administering, manufacturing, compounding and supplying and from
authorizing the administration and supply of such controlled drugs as may be
specified in the direction;
(b) if that person is a pharmacist, be a
direction prohibiting the pharmacist from having in his or her possession,
manufacturing, compounding and supplying and from supervising and controlling
the manufacture, compounding and supply of such controlled drugs as may be
specified in the direction.
(3) Where
the Minister proposes to give a direction under this Article, the Minister
shall cause notice to this effect to be served on the person to whom it
applies.
(4) Subject
to Article 18(2) –
(a) a direction given under this Article shall
take effect when a copy of it is served on the person to whom it applies; and
(b) the Minister shall cause notice of any
direction given by him or her under this Article to be published in the Jersey
Gazette.
(5) The
Minister may at any time, by notice in writing served on the person to whom it
applies, cancel a direction given by the Minister under this Article, and the
provisions of paragraph (4)(b) shall apply in the case of any such
cancellation as they apply to a direction.
(6) Any
person who contravenes a direction given under this Article shall be guilty of
an offence.
17 Directions
prohibiting prescribing, supply, etc. of controlled drugs by practitioners in other
cases
(1) The
Minister may –
(a) in the event of a contravention by a doctor
of any Order made under Article 13(2)(h) or (i), or of the terms of a
licence issued by the Minister in pursuance of Article 13(2)(i);
(b) if it is of the opinion that a practitioner
is or has been after the coming into force of this Law, prescribing,
administering or supplying or authorizing the administration and supply of, any
controlled drug in an irresponsible manner,
subject to and in accordance with
the following provisions of this Article, give a direction in respect of that
person, prohibiting the person from prescribing, administering and supplying
and from authorizing the administration and supply of such controlled drugs as
may be specified in the direction.
(2) Where
the Minister considers that there are grounds for giving a direction under this
Article, he or she shall forthwith request the Bailiff to constitute a Misuse
of Drugs Tribunal (hereinafter referred to as ‘the Tribunal’) and
the provisions of Schedule 3 shall have effect with respect to the
constitution and procedure of the Tribunal, and with respect to the other
matters there mentioned.
(3) When
the Tribunal has been duly constituted the Minister shall refer the matter to
the Tribunal, and it shall be the duty of the Tribunal to inquire into the
matter and to recommend to the Minister whether –
(a) no further proceedings should be taken in
the matter; or
(b) a direction under this Article should be
given in respect of the person concerned.
(4) Where
the Tribunal recommends the giving of a direction under this Article it shall
state in its report the controlled drugs which it considers should be specified
in the direction or may state that the direction should specify all controlled
drugs.
(5) Where
the Minister, having considered the recommendation of the Tribunal, decides
that no further proceedings should be taken in the matter, he or she shall
cause to be served on the person concerned a notice to this effect.
(6) Where
the Minister, having considered the recommendation of the Tribunal, decides to
give a direction under this Article, he or she shall cause notice to this
effect to be served on the person to whom it applies.
(7) The
provisions of Article 16(4), (5) and (6) shall apply to a direction given
under this Article, as they apply under that Article.
(8) The
States may, by Regulations, amend Schedule 3.
18 Right
of appeal
(1) A
person in respect of whom a direction has been given under Article 16
or 17 may, within 14 days of receipt of the notice, appeal to the Inferior
Number of the Royal Court, either in term or in vacation, against the decision
of the Minister on the grounds that, having regard to all the circumstances of
the case, the decision of the Minister was unreasonable, and the decision of
the Inferior Number of the Royal Court shall be final and without further
appeal, but without prejudice to the right of the Inferior Number to refer the
matter to the Superior Number of the Royal Court.
(2) Where
notice of appeal has been given under this Article, the provisions of Article 16(4)
shall not apply until the hearing has been abandoned or determined, as the case
may be.
19 Power
to search for controlled drugs
(1) Any
person duly authorized in writing in that behalf by the Minister shall, for the
purposes of this Law, have power to enter the premises of a person carrying on
business as a producer or supplier of any controlled drugs and to demand the
production of, and to inspect, any books or documents relating to dealings in
any such drugs and to inspect any stocks of any such drugs.
(2) If
it appears to the Bailiff on information on oath that there is reasonable cause
to suspect that –
(a) a controlled drug is, in contravention of
this Law, in the possession of a person in any premises; or
(b) a document directly or indirectly relating
to, or connected with, a transaction or dealing which was, or an intended
transaction or dealing which would, if carried out be, an offence under this
Law, or in the case of a transaction or dealing carried out or intended to be
carried out in a place outside Jersey, an offence against the provisions of a
corresponding law in force in that place, is in the possession of a person on
any premises,
the Bailiff may issue a warrant
authorizing any police officer or officer of the Impôts, together with
any other person named in the warrant, at any time or times within one month
from the date of the warrant, to enter if necessary by force, the premises
specified in the warrant, and to search the premises and any persons found
therein and, if there is reasonable ground for suspecting that an offence under
this Law has been committed in relation to any controlled drugs found on the
premises or in possession of any such persons, or that a document so found is
such a document as is mentioned in sub-paragraph (b), to seize and detain
those drugs or that document, as the case may be.[19]
(3) Subject
to the following provisions of this Article, if a police officer has reasonable
grounds to suspect that any person is in possession of a controlled drug in
contravention of this Law, or of any Order made thereunder the officer
may –
(a) search
that person and detain the person for the purpose of searching him or her;
(b) search
any vehicle or vessel in which the person suspects that the drug may be found,
and for that purpose may require the person in control of the vehicle or vessel
to stop it; and
(c) seize
and detain, for the purposes of proceedings under this Law, anything found in
the course of the search which appears to the police officer to be evidence of
an offence under this Law.[20]
(4) An
officer of the Impôts or (within the area of the officer’s
jurisdiction) a port control officer, may assist a police officer in the
exercise of the police officer’s powers under paragraph (3), but only
under that police officer’s direction.[21]
(5) The
police officer carrying out a search under paragraph (3)(a) and any
officer of the Impôts or port control officer who assists the police
officer shall be of the same sex as the person searched.[22]
(6) Nothing
in this Article shall prejudice any power of search or any power to seize or
detain property which is exercisable by a police officer apart from this Article.
(7) Any
person who –
(a) intentionally obstructs a police officer or
other person in the exercise of the police officer’s or other
person’s powers under this Article;
(b) conceals from a police officer or other
person exercising the police officer’s or other person’s powers
under this Article, any such books, documents, stocks or drugs as are mentioned
in paragraph (1); or
(c) without reasonable excuse, proof of which
shall lie on the person, fails to produce any books or documents when requested
so to do by a police officer or other person in the exercise of his or her
powers under this Article,
shall be guilty of an offence.
(8) In
this Article “vessel” includes an aircraft, hydrofoil and
hovercraft.
20 Accessories
and abettors
Any person who knowingly and
wilfully aids, abets, counsels, causes, procures or commands the commission of
an offence punishable under this Law shall be liable to be dealt with, tried
and punished as a principal offender.
21 Miscellaneous
offences
(1) It
is an offence for a person to contravene or to fail to comply with any Order
under this Law.[23]
(2) It
is an offence for a person to fail to comply with a condition or other term of
a licence issued under Article 4.[24]
(3) A
person commits an offence if, in purported compliance with any obligation to
give information to which the person is subject under or by virtue of any Order
made under this Law, the person gives any information which he or she knows to
be false in a material particular, or recklessly gives any such false
information.
(4) It
is an offence for a person to attempt to commit an offence under any provision
of this Law or to incite or attempt to incite another to commit such an
offence.
(5) A
person commits an offence if in Jersey the person assists in or induces the
commission in any place outside Jersey of an offence punishable under the
provisions of a corresponding law in force in that place.
(6) In
this Article and in Article 19(2)(b) “corresponding law” means
a law stated in a certificate purporting to be issued by or on behalf of the
government of a country outside Jersey to be a law providing for the control
and regulation in that country of the production, supply, use, export and
import of drugs and other substances in accordance with the provisions of the
Single Convention on Narcotic Drugs signed at New York on 30th March 1961,
or a law providing for the control and regulation in that country of the
production, supply, use, export and import of dangerous or otherwise harmful
drugs in pursuance of any treaty, convention or other agreement or arrangement
to which the government of that country and the States of Jersey are for the
time being parties.
(7) A
statement in any such certificate as is mentioned in paragraph (6) to the
effect that any facts constitute an offence against the law mentioned in the
certificate shall be evidence of the matters stated.
22 Offences
by Corporations
Where any offence under this Law or
Article 46 of, or the Schedule to, the Drug Trafficking Offences (Jersey) Law 1988[25] 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, the person as
well as the body corporate shall be guilty of that offence and shall be liable
to be proceeded against accordingly.[26]
23 Further
power to make Orders
The Minister may by Order make
further provision for excluding in such cases as may be prescribed –
(a) the
application of any provision of this Law which creates an offence; or
(b) the
application of Articles 33, 37 and 61 of the Customs and Excise (General Provisions) (Jersey)
Law 1972, insofar as they apply in relation to a prohibition or
restriction on importation or exportation having effect by virtue of Article 4
of this Law.[27]
24 Defences
in certain proceedings
(1) This
Article applies to offences under Articles 5, 8(1) and (2) and 9.[28]
(2) Subject
to the provisions of paragraph (3), in any proceedings for an offence to
which this Article applies it shall be a defence for the accused to prove that the
accused neither knew of nor suspected nor had reason to suspect the existence
of some fact alleged by the prosecution which it is necessary for the
prosecution to prove if the accused is to be convicted of the offence charged.
(3) Where
in any proceedings for an offence to which this Article applies it is
necessary, if the accused is to be convicted of the offence charged, for the
prosecution to prove that some substance or product involved in the alleged
offence was the controlled drug which the prosecution alleges it to have been,
and it is proved that the substance or produce in question was that controlled
drug, the accused –
(a) shall not be acquitted of the offence
charged by reason only of proving that the accused neither knew nor suspected
nor had reason to suspect that the substance or product in question was the
particular controlled drug alleged; but
(b) shall be acquitted thereof –
(i) if
the accused proves that he or she neither believed nor suspected nor had reason
to suspect that the substance or product in question was a controlled drug, or
(ii) if
the accused proves that he or she believed the substance or product in question
to be a controlled drug, or a controlled drug of a description, such that, if
it had in fact been that controlled drug or a controlled drug of that
description, the accused would not at the material time have been committing
any offence to which this Article applies.
(4) Nothing
in this Article shall prejudice any other defence which it is open to a person
charged with an offence to which this Article applies to raise.
25 Service
of documents
(1) Any
notice or other document required or authorized by any provision of this Law to
be served on any person may be served on the person either by delivering it to the
person or by leaving it at the person’s last known address or by sending
it by post.
(2) Any
notice or other document so required or authorized to be served on a body
corporate shall be duly served if it is served on the secretary or clerk of
that body or on such other person as may be deemed appropriate, having regard
to the constitution and functions of the body corporate.
26 Provisions
as to licences
A licence issued by the Minister
for the purposes of this Law or of any Order made thereunder may be, to any
degree, general or specific, issued on such terms and subject to such
conditions, including the payment of such fee as may be prescribed, as the
Minister thinks fit, and may be modified or revoked at any time.
27 General
provisions as to Orders
(1) Any
Order made by the Minister under any provision of this Law –
(a) may make different provision in relation to
different controlled drugs, different classes of persons, different provisions
of this Law or other different cases or circumstances;
(b) may make the opinion, consent or approval of
such authority as may be prescribed, or of any person authorized in such manner
as may be prescribed, material for the purposes of any provision of the Order;
(c) may contain such supplementary, incidental
and transitional provisions as appear expedient to the Minister.
(2) No
Order shall be made under this Law except after consultation with, or on the
recommendation of, the Council.
(3) The
Subordinate Legislation (Jersey)
Law 1960[29] shall apply to Orders made under this Law.
28 Penalties
(1) Schedule
4 shall have effect in accordance with the following provisions of this Article,
with respect to penalties for offences under this Law.
(2) In
relation to an offence under a provision of this Law specified in the first
column of Schedule 4, the general nature of the offence being described in the
second column –
(a) the third, fourth and fifth columns show
respectively the punishments which may be imposed on a person convicted of the
offence, according to whether the controlled drug in relation to which the
offence was committed was a Class A drug, a Class B drug or a Class C drug; and
(b) the sixth column shows the punishments which
may be imposed on a person convicted of an offence, whether or not the offence
was committed in relation to a controlled drug and, if it was so committed,
irrespective of whether the drug was a Class A drug, a Class B drug or a Class
C drug.
29 Forfeiture
The Court before which a person is
convicted of an offence under this Law may order anything shown to its
satisfaction to relate to the offence, to be forfeited and either destroyed or
dealt with in such manner as the Court may order.
30 Financial
provisions
All expenses incurred in the
carrying into effect of this Law shall be defrayed out of the Annual Income of
the States.
31 Savings
and transitional provisions
(1) Any
Order made under Article 3 or 9 of the Dangerous Drugs (Jersey) Law 1954[30], or Article 2 of the Drugs
(Prevention of Misuse) (Jersey) Law 1964,[31] and any licence issued, or other thing done under or by virtue of
any provision of the said Articles, shall be deemed for the purposes of this
Law to have been made, issued, or done, as the case may be, under the
corresponding provisions of this Law.
(2) As
from the coming into force of Article 4 any licence granted for the
purposes of Article 5 of the Drugs
(Prevention of Misuse) (Jersey) Law 1964, or Article 1, 2 or 8
of the Dangerous Drugs (Jersey)
Law 1954, shall have effect as if granted for the purposes of Article 4
of this Law.
(3) Subject
to the provisions of paragraphs (1) and (2), and without prejudice to the
generality of Article 27(1)(c), any Order made by the Minister under any
provision of this Law may include such provision as the Minister thinks fit for
effecting the transition from any provision made by or by virtue of the
enactments repealed by this Law, and in particular may provide for the
continuation in force, with or without modification, of any licence or other
authority issued or having effect as if issued under or by virtue of any of
those enactments.
(4) For
the purposes of the enforcement of the enactments repealed by this Law as
regards anything done or omitted before their repeal, any powers of search,
entry, inspection, seizure or detention conferred by those enactments shall
continue to be exercisable as if those enactments were still in force.
32 Citation
This Law may be cited as the Misuse
of Drugs (Jersey) Law 1978.
SCHEDULE
1
(Article 2)
Constitution
of Advisory Council on Misuse of Drugs
1. The
members of the Council, of whom there shall be not less than 10, shall be
appointed by the Bailiff after consultation with the Minister and such other
bodies as the Bailiff considers appropriate, and shall include –
(a) the Attorney General and the Medical Officer
of Health;
(b) in relation to each of the activities
specified in paragraph 2, at least one person appearing to the Bailiff to have
wide and recent experience of that activity; and
(c) persons appearing to the Bailiff to have
wide and recent experience of social problems connected with the misuse of
drugs.
2. The
activities referred to in paragraph 1(b) are –
(a) the practice of medicine (other than
veterinary medicine);
(b) the practice of dentistry;
(c) the practice of veterinary medicine;
(d) the practice of pharmacy;
(e) chemistry (other than pharmaceutical
chemistry).
3. The
Bailiff shall appoint one of the members of the Council to be chairman.
4. The
Council may appoint sub-committees, which may consist in part of persons who
are not members of the Council to consider and report to the Council on any
matter referred to them by the Council.
5. At
a meeting of the Council the quorum shall be 5.
6. Subject
to the foregoing provisions of this Schedule the Council may determine its own
procedure.
Financial provisions
7. The
Minister may pay to the members of the Council such remuneration as may be
prescribed and defray such expenses of the Council as the Minister may
determine, and may provide such accommodation for the Council as the Minister
thinks fit.
SCHEDULE
2
(Article 3)
Controlled
Drugs
PART 1
CLASS
A DRUGS
1.[32] The
following substances and products, namely –
(a) 1-(3,4-Methylenedioxybenzyl)butyl(ethyl)amine
1-(3,4-Methylenedioxybenzyl)butyl(methyl)amine
1-Methyl-4-phenylpiperidine-4-carboxylic
acid
2-(1,4-Dimethoxy-2-naphthyl)-1-methylethylamine
2-(1,4-Dimethoxy-2-naphthyl)ethylamine
2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)-1-methylethylamine
2-(1,4-Dimethoxy-5,6,7,8-tetrahydro-2-naphthyl)ethylamine
2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)-1-methylethylamine
2-(1,4-Methano-5,8-dimethoxy-1,2,3,4-tetrahydro-6-naphthyl)ethylamine
2-(2,5-Dimethoxy-4-methylphenyl)cyclopropylamine
2-(4,7-Dimethoxy-2,3-dihydro-1H-indan-5-yl)-1-methylethylamine
2-(4,7-Dimethoxy-2,3-dihydro-1H-indan-5-yl)ethylamine
2-(5-Methoxy-2,2-dimethyl-2,3-dihydrobenzo[b]furan-6-yl)-1-methylethylamine
2-(5-Methoxy-2-methyl-2,3-dihydrobenzo[b]furan-6-yl)-1-methylethylamine
2-(α-Methyl-3,4-methylenedioxyphenethylamino)ethanol
2, 5-Dimethoxy-α,
4-dimethylphenethylamine
2-Amino-1-(2,5-dimethoxy-4-methylphenyl)ethanol
2-Amino-1-(3,4-dimethoxyphenyl)ethanol
2-Methoxyethyl(α-methyl-3,4-methylenedioxyphenethyl)amine
2-Methyl-3-morpholino-l,
l-diphenylpropanecar-boxylic acid
4-Bromo-
β,2,5-trimethoxyphenethylamine
4-Bromo-2, 5-dimethoxy-α-methylphenethylamine
4-Cyano-2-dimethylamino-4,
4-diphenylbutane
4-Cyano-l-methyl-4-phenylpiperidine
4-Iodo-2,5-dimethoxy-α-methylphenethyl(dimethyl)amine
4-Methyl-aminorex
4-Phenylpiperidine-4-carboxylic
acid ethyl ester
Acetorphine
Alfentanil
Allyl(α-methyl-3,4-methylenedioxyphenethyl)amine
Allylprodine
Alphacetylmethadol
Alphameprodine
Alphamethadol
Alphaprodine
Anileridine
Benzethidine
Benzyl(α-methyl-3,4-methylenedioxyphenethyl)amine
Benzylmorphine
(3-benzylmorphine)
Betacetylmethadol
Betameprodine
Betamethadol
Betaprodine
Bezitramide
Bufotenine
Cannabinol derivatives
Cannabinol, except where
contained in cannabis or cannabis resin
Carfentanil
Clonitazene
Coca Leaf
Cocaine
Cyclopropylmethyl(α-methyl-3,4-methylenedioxyphenethyl)amine
Desomorphine
Dextromoramide
Diamorphine
Diampromide
Diethylthiambutene
Difenoxin (1-(3-cyano-3,
3-diphenylpropyl)-4(phenyl-piperidine-4-carboxylic acid)
Dihydrocodeinone
O-carboxymethyloxime
Dihydroetorphine
Dihydromorphine
Dimenoxadole
Dimepheptanol
Dimethyl(α-methyl-3,4-methylenedioxyphenethyl)amine
Dimethylthiambutene
Dioxaphetyl butyrate
Diphenoxylate
Dipipanone
Drotebanol (3,
4-dimethoxy-17-methylmorphinan-6B, 14-diol)
Ecgonine, and any derivative
of ecgonine which is convertible to ecgonine or to cocaine
Ethylmethylthiambutene
Eticyclidine
Etonitazene
Etorphine
Etoxeridine
Etryptamine
Fentanyl
Furethidine
Hydrocodone
Hydromorphinol
Hydromorphone
Hydroxypethidine
Isomethadone
Ketobemidone
Levomethorphan
Levomoramide
Levophenacylmorphan
Levorphanol
Lofentanil
Lysergamide
Lysergide and other N-alkyl
derivatives of lysergamide
Mescaline
Metazocine
Methadone
Methadyl acetate
Methyldesorphine
Methyldihydromorphine
(6-methyldihydromorphine)
Metopon
Morpheridine
Morphine
Morphine methobromide,
morphine N-oxide and other pentavalent nitrogen morphine derivatives
Myrophine
N-(2,5-Dimethoxy-4-propylthiophenethyl)hydroxylamine
N-(4-Ethylthio-2,5-dimethoxyphenethyl)hydroxylamine
N-(4-sec-Butylthio-2,5-dimethoxyphenethyl)hydroxylamine
N, N-Diethyltryptamine
N, N-Dimethyltryptamine
N-Hydroxy-tenamphetamine
Nicomorphine (3,
6-dinicotinoylmorphine)
N-Methyl-N-(α-methyl-3,4-methylenedioxyphenethyl)hydroxylamine
Noracymethadol
Norlevorphanol
Normethadone
Normorphine
Norpipanone
O-Methyl-N-(α-methyl-3,4-methylenedioxyphenethyl)hydroxylamine
Opium, whether raw, prepared
or medicinal
Oxycodone
Oxymorphone
Pethidine
Phenadoxone
Phenampromide
Phenazocine
Phencyclidine
Phenomorphan
Phenoperidine
Piminodine
Piritramide
Poppy-straw and concentrate of
poppy-straw
Proheptazine
Properidine (1-methyl-4-phenylpiperidine-4-carboxylic acid isopropyl
ester)
Psilocin
Racemethorphan
Racemoramide
Racemorphan
Remifentanil
Rolicyclidine
Sufentanil
Tenocyclidine
Thebacon
Thebaine
Tilidate
Trimeperidine
α, α-Dimethyl-3,4-methylenedioxyphenethyl(methyl)amine
α,
α-Dimethyl-3,4-methylenedioxyphenethylamine
α-Methyl-3,4-methylenedioxyphenethyl(prop-2-ynyl)amine
α-Methyl-4-(methylthio)phenethylamine (also known as
4-Methylthioamphetamine);
β -Methoxy-3,4-methylenedioxyphenethylamine
β,2,5-Trimethoxy-4-methylphenethylamine
β,3,4,5-Tetramethoxyphenethylamine
(b) any compound (not being a compound for the
time being specified in sub-paragraph (a) above) structurally derived from
tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen
atom of the sidechain with one or more alkyl substituents but no other
substituent;
(c) any compound (not being methoxyphenamine or
a compound for the time being specified in sub-paragraph (a) above)
structurally derived from phenethylamine, an N-alkylphenethylamine, a-methylphenethylamine, an N-alkyl-a-methylphenethylamine, a-ethylphenethylamine,
or an N-Alkyl-a-ethylphenethylamine by substitution in
the ring to any extent with alkyl, alkoxy, alkylenedioxy or halide substituents,
whether or not further substituted in the ring by one or more other univalent
substituents;
(d) any compound (not being a compound for the
time being specified in sub-paragraph (a) above) structurally derived from
fentanyl by modification in any of the following ways, that is to
say –
(i) by
replacement of the phenyl portion of the phenethyl group by any heteromonocycle
whether or not further substituted in the heterocycle,
(ii) by
substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy,
halogeno, haloalkyl, amino or nitro groups,
(iii) by
substitution in the piperidine ring with alkyl or alkenyl groups,
(iv) by
substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halogeno or
haloalkyl groups,
(v) by
substitution at the 4-position of the piperidine ring with any alkoxycarbonyl
or alkoxyalkyl or acyloxy group,
(vi) by
replacement of the N-propionyl group by another acyl group;
(e) any compound (not being a compound for the
time being specified in sub-paragraph (a) above) structurally derived from
pethidine by modification in any of the following ways, that is to
say –
(i) by
replacement of the 1-methyl group by an acyl, alkyl whether or not unsaturated,
benzyl or phenethyl group, whether or not further substituted,
(ii) by
substitution in the piperidine ring with alkyl or alkenyl groups or with a
propano bridge, whether or not further substituted,
(iii) by
substitution in the 4-phenyl ring with alkyl, alkoxy, aryloxy, halogeno or
haloalkyl groups,
(iv) by
replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any
alkoxyalkyl or acyloxy group,
(v) by
formation of an N-oxide or of a quaternary base.
2. Any
stereoisomeric form of a substance for the time being specified in paragraph 1
above not being dextromethorphan or dextrorphan.
3. Any
ester or ether of a substance for the time being specified in paragraph 1 or 2,
not being a substance for the time being specified in Part 2 of this Schedule.
4. Any
salt of a substance for the time being specified in any of paragraphs 1 to 3.
5. Any
preparation or other product containing a substance or product for the time
being specified in any of paragraphs 1 to 4.
6. Any
preparation designed for administration by injection which includes a substance
or product for the time being specified in any of paragraphs 1 to 3 of Part 2
of this Schedule.
PART 2
CLASS
B DRUGS
1. [33] The
following substances and products, namely –
(a) Acetyldihydrocodeine
Amphetamine
Cannabis and cannabis resin
Codeine
Dihydrocodeine
Ethylmorphine
(3-ethylmorphine)
Glutethimide
Lefetamine
Mecloqualone
Methaqualone
Methcathinone
Methylamphetamine
Methylphenidate
Methylphenobarbitone
Nicocodine
Nicodicodine
(6-nicotinoyldihydrocodeine)
Norcodeine
Pentazocine
Phenmetrazine
Pholcodine
Propiram
Zipeprol
α-Methylphenethylhydroxylamine (also known as N-Hydroxyamphetamine).
(b) any 5,5 disubstituted barbituric acid.
2. Any
stereoisomeric form of a substance for the time being specified in paragraph 1
of this Part.
3. Any
salt of a substance for the time being specified in paragraph 1 or 2 of this
Part.
4. Any
preparation or other product containing a substance or product for the time
being specified in any of paragraphs 1 to 3 of this Part, not being a
preparation falling within paragraph 6 of Part 1 of this Schedule.
PART 3
CLASS
C DRUGS
1.[34] The
following substances, namely –
Alprazolam
Aminorex
Benzphetamine
Bromazepam
Brotizolam
Buprenorphine
Camazepam
Cathine
Cathinone
Chlordiazepoxide
Chlorphentermine
Clobazam
Clonazepam
Clorazepic acid
Clotiazepam
Cloxazolam
Delorazepam
Dextropropoxyphene
Diazepam
Diethylpropion
Estazolam
Ethchlorvynol
Ethinamate
Ethyl loflazepate
Fencamfamin
Fenethylline
Fenproporex
Fludiazepam
Flunitrazepam
Flurazepam
Halazepam
Haloxazolam
Ketazolam
Loprazolam
Lorazepam
Lormetazepam
Mazindol
Medazepam
Mefenorex
Mephentermine
Meprobamate
Mesocarb
Methyprylone
Midazolam
Nimetazepam
Nitrazepam
Nordazepam
Oxazepam
Oxazolam
Pemoline
Phendimetrazine
Phentermine
Pinazepam
Pipadrol
Prazepam
Propylhexedrine
Pyrovalerone
Temazepam
Tetrazepam
Triazolam
Zolpidem
N-Ethylamphetamine.
2. Any
stereoisomeric form of a substance for the time being specified in paragraph 1
of this Part not being phenylpropanolamine.[35]
3. Any
salt of a substance for the time being specified in paragraph 1 or 2 of this Part.
4. Any
preparation or other product containing a substance for the time being
specified in any of paragraphs 1 to 3 of this Part.
5.[36] The
following substances:
|
Atamestane
|
Methenolone
|
|
Bolandiol
|
Methyltestosterone
|
|
Bolasterone
|
Metribolone
|
|
Bolazine
|
Mibolerone
|
|
Boldenone
|
Nandrolone
|
|
Bolenol
|
Norboletone
|
|
Bolmantalate
|
Norclostebol
|
|
Calusterone
|
Norethandrolone
|
|
4-Chloromethandienone
|
Ovandrotone
|
|
Clostebol
|
Oxabolone
|
|
Drostanolone
|
Oxandrolone
|
|
Enestebol
|
Oxymesterone
|
|
Epitiostanol
|
Oxymetholone
|
|
Ethyloestrenol
|
Prasterone
|
|
Fluoxymesterone
|
Propetandrol
|
|
Formebolone
|
Quinbolone
|
|
Furazabol
|
Roxibolone
|
|
Mebolazine
|
Silandrone
|
|
Mepitiostane
|
Stanolone
|
|
Mesbolone
|
Stanozolol
|
|
Mestanolone
|
Stenbolone
|
|
Mesterolone
|
Testosterone
|
|
Methandienone
|
Thiomesterone
|
|
Methandriol
|
Trenbolone.
|
6.[37] Any
compound (not being Trilostane or a compound for the time being specified in paragraph
5 above) structurally derived from 17 hydroxyandrostan-3-one or
from 17-hydroxy-estran-3-one by modification in any of the following
ways –
(a) by further substitution at position 17
by a methyl or ethyl group;
(b) by substitution to any extent at one or more
positions 1, 2, 4, 6, 7, 9, 11 or 16, but at no other position;
(c) by unsaturation in the carbocyclic ring
system to any extent, provided that there are no more than 2 ethylenic bonds in
any one carbocyclic ring;
(d) by fusion of ring A with a heterocyclic
system.
7.[38] Any
substance which is an ester or ether (or, where more than one hydroxyl function
is available, both an ester and an ether) of a substance specified in paragraph
5 above or described in paragraph 6.
8.[39] 4-Androstene-3,
17-Dione;
19-Nor-4-Androstene-3,
17-Dione;
5-Androstene-3,
17-Diol; and
19-Nor-5-
Androstene-3, 17-Diol.
9.[40] Chorionic
Gonadotrophin (HCG)
Non-human chorionic
gonadotrophin
Somatotropin
Somatrem
Somatropin.
10.[41] Clenbuterol.
11.[42] Gammahydroxybutyrate
PART 4
MEANING
OF CERTAIN EXPRESSIONS USED IN THIS SCHEDULE
For the purposes of this Schedule
the following expressions have the meanings hereby assigned to them
respectively, that is to say –
“cannabinol derivatives”
means the following substances, except where contained in cannabis or cannabis
resin, namely tetrahydro derivatives of cannabinol and 3-alkyl homologues of
cannabinol or of its tetrahydro derivatives;
“coca leaf” means the
leaf of any plant of the genus Erythroxylon from
whose leaves cocaine can be extracted either directly or by chemical
transformation;
“concentrate of poppy-straw”
means the material produced when poppy-straw has entered into a process for the
concentration of its alkaloids;
“medicinal opium” means
raw opium which has undergone the process 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;
“opium poppy” means the
plant of the species Papaver somniferum L;
“poppy straw” means all
parts, except the seeds, of the opium poppy, after mowing;
“raw opium” includes
powdered or granulated opium but does not include medicinal opium.
SCHEDULE
3
(Article 17)
Constitution
of Tribunal
1. The
Tribunal shall consist of –
(a) an advocate or solicitor of the Royal Court
of not less than 5 years standing, appointed by the Bailiff to be the chairman
of the Tribunal; and
(b) at least 2 members of the respondent’s
profession, appointed by the Bailiff, after consultation with the Minister and
such other bodies as the Bailiff considers appropriate.
Procedure
2. Upon
receiving a reference from the Minister the Tribunal shall cause to be served
on the respondent a notice setting out the details of the matter which has been
referred to it, and appointing a time and place for the hearing.
3. The
respondent shall be entitled to appear before and be heard by the Tribunal
either in person or through the respondent’s advocate or solicitor.
4. Proceedings
before the Tribunal shall be held in private unless the respondent requests
otherwise and the Tribunal accedes to the request.
5. Following
the decision of the Minister whether or not to give a direction under Article 17,
the Tribunal shall be discharged of its duties.
6. Subject
to the foregoing provisions of this Schedule, the Tribunal may regulate its own
procedure.
Financial provisions
7. The
Minister may pay to the members of the Tribunal such remuneration as may be
prescribed and defray such expenses of the Tribunal as the Minister may
determine, and may provide such accommodation for the Tribunal as the Minister
thinks fit.
8. If
the Tribunal recommends to the Minister that the whole or part of the expenses
properly incurred by the respondent for the purposes of proceedings before the
Tribunal should be defrayed out of public funds, the Minister may, if he or she
thinks fit, make to the respondent such payments in respect of those expenses
as he or she considers appropriate.
Interpretation
9. In
this Schedule “respondent” means the practitioner in respect of
whom the reference has been made to the Tribunal.
SCHEDULE 4
(Article 28)
Penalties[43]
|
First column
|
Second column
|
Third column
|
Fourth column
|
Fifth column
|
Sixth column
|
|
Article
Creating Offence
|
General
Nature of Offence
|
Punishment
|
|
Class
A drug involved
|
Class
B drug involved
|
Class
C drug involved
|
General
|
|
Article
5
|
Producing,
supplying or being concerned in the production, supplying or offering to
supply a controlled drug
|
Life
or a fine, or both
|
14
years or a fine, or both
|
5
years or a fine, or both
|
|
|
Article 6(1)
|
Manufacture or supply of scheduled substances
|
–
|
–
|
_
|
14 years or a fine, or both
|
|
Article 7(4)
|
Failure to comply with Orders as to scheduled
substances
|
–
|
–
|
–
|
2 years or a fine, or both
|
|
Article
8(1)
|
Having
possession of a controlled drug
|
7
years or a fine, or both
|
5
years or a fine, or both
|
2
years or a fine, or both
|
|
|
Article
8(2)
|
Having
possession of a controlled drug with intent to supply it to another
|
Life
or a fine, or both
|
14
years or a fine, or both
|
5
years or a fine, or both
|
|
|
Article
9
|
Offences
relating to opium
|
|
|
|
14
years or a fine, or both
|
|
Article
10
|
Having
possession of utensils for the purposes of committing an offence
|
|
|
|
14
years or a fine, or both
|
|
Article
11
|
Being
the occupier, or concerned in the management, of premises and permitting
certain activities to take place there
|
14
years or a fine, or both
|
14
years or a fine, or both
|
5
years or a fine, or both
|
|
|
Article
14
|
Contravention
of directions relating to safe custody of controlled drugs
|
|
|
|
2
years or a fine, or both
|
|
Article
15(3)
|
Failure
to comply with notice requiring information relating to prescribing supply etc.
of drugs
|
|
|
|
£200
|
|
Article
15(4)
|
Giving
false information
|
|
|
|
2
years or a fine, or both
|
|
Articles 16(6)
17(7)
|
Contravention
of direction prohibiting practitioner or pharmacist from possessing,
supplying, controlled drugs
|
14
years or a fine, or both
|
14
years or a fine, or both
|
5
years or a fine, or both
|
|
|
Article
19(7)
|
Obstructing
exercise of powers of search etc. or concealing books, drugs, etc.
|
|
|
|
2
years or a fine, or both
|
|
Article
21(1)
(2)
and
(3)
|
Miscellaneous
offences
|
|
|
|
2
years or a fine, or both
|
|
Article 21(4)
|
Attempting
to commit or inciting or attempting to incite another to commit an offence
under any provision of this Law
|
|
|
|
The
same penalty as that for the offence to which the attempt to commit or
incitement or attempt to incite relates
|
|
Article
21(5)
|
Assisting
in or inducing commission of an offence outside Jersey
|
|
|
|
14
years or a fine, or both
|
SCHEDULE 5[44]
(Articles 6 and 7)
Substances
Useful for Manufacturing Controlled Drugs
|
TABLE 1
|
|
N-Acetylanthranilic acid
|
|
Ephedrine
|
|
Ergometrine
|
|
Ergotamine
|
|
Isosafrole
|
|
Lysergic acid
|
|
3, 4-Methylenedioxyphenyl-2-propanone
|
|
1-phenyl-2-propanone
|
|
Piperonal
|
|
Pseudoephedrine
|
|
Safrole
|
The salts of the substances
listed in this Table whenever the existence of such salts is possible.
|
TABLE 2
|
|
Acetic anhydride
|
|
Acetone
|
|
Anthranilic acid
|
|
Ethyl ether
|
|
Hydrochloric acid
|
|
Methyl ethyl ketone (also referred to as 2 Butanone
or M.E.K.)
|
|
Phenylacetic acid
|
|
Piperidine
|
|
Potassium permanganate
|
|
Sulphuric acid
|
|
Toluene
|
The salts of the substances
listed in this Table except hydrochloric acid and sulphuric acid whenever the
existence of such salts is possible.