CHAPTER 95
DRUGS AND PREVENTION OF ILLICIT TRAFFIC IN DRUGS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title and application.

   2.   Interpretation.

PART II
ESTABLISHMENT OF AN INTERMINISTERIAL COMMISSION
FOR THE CO-ORDINATION OF DRUGS CONTROL

   3.   Government obligation to take measures for preventing drug abuse.

   4.   Establishment of the Commission for the National Co-ordination of Drug Control.

   5.   Functions of the Commission.

   6.   Reports of the Commission to be laid before the Parliament.

   7.   The budget of the Commission.

   8.   Anti-Drug Commissioner to participate in the Inter-Ministerial meetings.

   9.   Anti-Drug Commissioner to prepare deliberations and ensure implementation.

   10.   Commission to administer funds to various needs.

PART III
THE FUND FOR CONTROL OF DRUG ABUSE

   11.   Establishment of the Fund.

PART IV
PROHIBITION OF POSSESSION AND TRAFFICKING OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AND CULTIVATION OF CERTAIN PLANTS

   12.   Prohibition of cultivation of certain plants and substances.

   13.   Power of the Commission to permit, control and regulate the cultivation, production or sale, etc., of opium, coca leaves, etc.

   14.   Narcotic drugs and psychotropic substances not to be subject to distress or attachment.

   15.   Restrictions on dealings in narcotic drugs and psychotropic substances.

   16.   Penalty for possession, purchase, manufacture, etc., of narcotic drugs, etc.

   17.   Penalty in respect of possession, use of small quantity of narcotic drugs and psychotropic substances.

   18.   Penalty in contravention of section 17.

   19.   Penalty for embezzlement by authorised cultivators.

   20.   Penalty in respect of breach of terms, licence or permit.

   21.   Penalty in respect of finance of illegal activities.

   22.   Penalty in respect of aiding to commit offences under this Act.

   23.   Preparation or attempt to commit offence.

   24.   Penalty for commission of offences after previous conviction.

   25.   Penalty for offence for which no penalty is provided.

   26.   Burden of proof.

   27.   Unbailable offences.

   28.   Offences by companies.

   29.   Release of certain addicts for the purpose of undergoing treatment.

PART V
PROCEDURE

   30.   Application of the Criminal Procedure Act with necessary modification.

   31.   Procedure of seizure where confiscation is not possible.

   32.   Land owners duty to give information of crops illegally cultivated.

   33.   Powers of attachment of crop illegally cultivated.

   34.   Commission to direct certain substances to be disposed of.

   35.   Relevancy of statements under certain circumstances.

   36.   Presumption of possession of illicit articles.

   37.   Authorised officers to take charge of articles seized.

   38.   Obligation of various officers to assist each other.

   39.   Arrests and seizures to be reported within forty-eight hours.

   40.   Penalty for vexatious or malicious entry, seizure, arrest, etc.

   41.   Penalty against officers refusing to perform their duties or aiding offenders.

   42.   Powers to confiscate articles or things, etc., in connection with offence.

   43.   Confiscation in case of no conviction.

   44.   Presumption as to documents in certain cases.

   45.   Powers of an authorised officer to call for information.

PART VI
FORFEITURE OF PROPERTY DERIVED FROM, OR USED IN ILLICIT TRAFFIC

   46.   Forfeiture of property.

   47.   Prohibition on holding illegally acquired property.

   48.   Commissioner to authorise investigation or survey

   49.   Burden of proof.

   50.   Payment in lieu of forfeiture.

   51.   Appeals.

   52.   Power to take possession.

   53.   Arrangement regarding tracing, realisation, etc., of property.

PART VII
MISCELLANEOUS PROVISIONS

   54.   Protection of action taken in good faith.

   55.   Commission to have regard to international conventions while making rules.

   56.   Power of the Government to establish centres for identification treatment, etc., of addicts and for supply of narcotic drugs.

   57.   Bar of jurisdiction.

   58.   Power of Commission to give directions.

   59.   Power to delegate.

   60.   Power of Central Government to make rules.

   61.   Application of the Customs (Management and Tariff) Act.

   62.   Application of the Pharmaceutical and Poisons Act barred.

   63.   Saving of State and special laws.

   64.   Repeal and saving.

   65.   [Repealed.]

   66.   [Repealed.]

   67.   [Amendment.]

SCHEDULES

CHAPTER 95
THE DRUGS AND PREVENTION OF ILLICIT TRAFFIC IN DRUGS ACT

An Act to consolidate the law relating to narcotic drugs; to make provision for the control and regulation of operations relating to narcotic drugs and psychotropic substances; to provide for the forfeiture of property derived from or used in illicit traffic in narcotic drugs and psychotropic substances; to provide for the prevention of illicit traffic in narcotic drugs and psychotropic substances and to implement the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances.

[1st January, 1996]
[G.N. No. 10 of 1996]

Acts Nos.
9 of 1995
9 of 1996
17 of 1996
31 of 1997
9 of 2002

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title and application

   (1) This Act may be cited as the Drugs and Prevention of Illicit Traffic in Drugs Act.

   (2) This Act shall apply to Tanzania Mainland as well as Tanzania Zanzibar.

   (3) [Omitted.]

2.   Interpretation Act No. 31 of 1997 Sch.">

   In this Act, unless the context requires otherwise-

   "addict" means a person with a condition such that-

   (a)   administration of a drug results in the person demonstrating impaired control in relation to use of that drug, or drug-seeking behaviour suggesting such impaired control; and

   (b)   cessation of the administration of the drug is likely to result in the person experiencing symptoms of mental or physical distress or disorder;

   "cannabis" means any part of the plant of the genus cannabis, excluding the seeds, the mature stock, or fibre produce from the cannabis plant or cannabis resin;

   "cannabis oil" means any liquid containing any quantity however small of tetrahydro-cannabinol;

   "cannabis plant" means any plant of the genus cannabis by whatever name called and includes any part of that plant;

   "cannabis resin" means the separated resin where the crude or purified is obtained from the cannabis plant;

   "chemical precursors" means a substance frequently used in the illicit manufacture of narcotic drugs or psychotropic substances as defined in Article 12 of the UN Convention Against Illicit Drugs and Psychotropic Substances mentioned in Table I and Table II as provided for in the Second Schedule to this Act;

   "coca leaf" means-

   (a)   the leaf of the coca plant except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed;

   (b)   any mixture thereof with or without any neutral material, but does not include any preparation containing not more than 0.1 percent of cocaine;

   "coca plant" means the plant of any species of the genus Erythroxylon;

   "Commission" means the Inter-ministerial Commission for the coordination of Drug Control established under section 4;

   "conveyance" means a conveyance of any description whatsoever and includes any aircraft, vehicle or vessel;

   "court" in respect of offences under sections 12 and 12 (d) means the subordinate court and in respect of offences under sections 16, 17, 18, 19, 20, 21, 22 and 23 means the High Court;

   "cultivate" includes planting, saving, scattering the seed, graving, mortaring, lending or harvesting;

   "dentist" means a dentist authorised and licensed to examine, diagnose, treat and prescribe for patients under the Medical Practitioners and Dentists Act *;

   "drugs" means the narcotic drugs and psychotropic substances specified in the Schedule;

   "illicit traffic", in relation to narcotic drugs and psychotropic substances, means-

   (a)   cultivating any coca plant or gathering any portion of coca plant;

   (b)   cultivating the opium poppy or any cannabis plant;

   (c)   engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import into United Republic, export from United Republic or transhipment, of narcotic drugs or psychotropic substances;

   (d)   dealing in any activities in narcotic drugs or psychotropic substances;

   (e)   handling or letting out any premises for the carrying on of any of the activities, other than those permitted under this Act, or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder, and includes-

      (i)   financing, directly or indirectly, any of the aforementioned activities;

      (ii)   abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and

      (iii)   harbouring persons engaged in any of the aforementioned activities;

   "International Convention" means-

   (a)   the Single Convention on Narcotic Drugs, 1961, adopted by the United Nations Conference at New York in March, 1961;

   (b)   the Protocol amending the Convention mentioned in subclause (a), adopted by the United Nations Conference at Geneva in March, 1972;

   (c)   the Convention on Psychotropic Substances, 1971, adopted by the United Nations Conference at Vienna in February 1971; and

   (d)   United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted at Vienna on 19th December, 1988; and

   (e)   any other international Convention or protocol or other instrument amending an international Convention, relating to narcotic drugs or psychotropic substances, which may be ratified or acceded to by the United Republic after the commencement of this Act;

   "manufacture", in relation to narcotic drugs or psychotropic substances, includes-

   (a)   all processes other than production by which such drugs or substances may be obtained;

   (b)   refining of such drugs or substances;

   (c)   transformation of such drugs or substances; and

   (d)   making of preparation (otherwise than in a pharmacy on prescription) with or containing such drugs or substances;

   "manufactured drug" means-

   (a)   all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate;

   (b)   any other narcotic substance or preparation which the Commission may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notice in the Gazette, declared to be a manufactured drug, but does not include any narcotic substance or preparation which the Commission may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notice in the Gazette, declare not to be a manufactured drug;

   "medical practitioner" means a physician or surgeon authorised and licensed to examine, diagnose, tract, and prescribe for patients under the Medical Practitioners and Dentists Act *;

   "medicinal cannabis" means any extract or tincture of cannabis;

   "narcotic drug" means any substance specified in the Schedule or anything that contains any substance specified in that Schedule;

   "opium" means-

   (a)   the coagulated juice of the opium poppy; and

   (b)   any mixture, with or without any neutral material, of the coagulated juice of the opium poppy, but does not include any preparation containing not more than 0.2 percent of morphine;

   "opium derivative" means-

   (a)   medicinal opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the Pharmaceutical and Poisons Act *, or any other pharmaceutical notified in this behalf by the Government, whether in powder form or granulated or otherwise or mixed with neutral materials;

   (b)   prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking and the other residue remaining after opium is smoked;

   (c)   phenantrene alkaloids, namely, morphine, codeine, thebaine and their salts;

   (d)   diacetylmorphine, that is, the alkaloid also known as diamorphine or heroin and its salts; and

   (e)   all preparations containing more than 2 percent. of morphine or containing any diacetylmorphine;

   "opium poppy" means-

   (a)   the plant of the species papaver somniferum L; and

   (b)   the plant of any other species of papaver from which opium or any phenanthrene alkaloid can be extracted and which the Commission may, by notice in the Gazette, declare to be opium poppy for the purposes of this Act;

   "place" includes vacant land, premises, vehicle, vessel or aircraft;

   "poppy straw" means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom:

   "preparation", in relation to a narcotic drug or psychotropic substance, means any one or more such drugs or substances in dosage form or any solution or mixture, in whatever physical state, containing one or more such drugs or substances;

   "production" means the separation of opium, poppy straw, coca leaves or cannabis from the plants from which they are obtained;

   "prohibited plant" means cannabis, coca plant, papaver somniferum (opium poppy) and papaver setigerum;

   "psychotropic substance" means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule;

   "sell" includes offer or expose for sale;

   "supply" includes consignment, dispatch, transport, delivery, distribution as well as offer to supply;

   "to export from the United Republic" with its grammatical variations and cognate expressions, means to take out of the United Republic to a place outside United Republic;

   "to import into the United Republic" with its grammatical variations and cognate expressions, means to bring into the United Republic from a place outside the United Republic and includes the bringing into any port or airport or place in the United Republic of a narcotic drug or a psychotropic substances intended to be taken out of the United Republic without being removed from the vessel, aircraft, vehicle or any other conveyance in which it is being carried;

   "to transport" means to take from one place to another within the United Republic;

   "trafficking" means the importation, exportation, manufacture, buying, sale, giving, supplying storing, administering, conveyance, delivery or distribution, by any person of narcotic drug or psychotropic substance any substance represented or held out by that person to be a narcotic drug or psychotropic substance or making of any offer but does not include-

   (a)   the importation or exportation of any narcotic drugs or psychotropic substance or the making of any offer by or on behalf of any person who holds a licence under this act in accordance with the licence;

   (b)   the manufacture, buying, sale, giving, supplying administering, conveying, delivery or distribution of any narcotic drug or psychotropic substance or the making of any offer by or on behalf of any person who has a licence under this Act;

   (c)   the selling or supplying or administering for medical purposes, and in accordance with the provisions of this Act, or the making of any offer by a medical practitioner or veterinary surgeon or dentist or by any other person qualified to do so on the instructions of the medical practitioner, veterinary surgeon or dentist;

   (d)   the selling or supplying in accordance with the provisions of this Act of any narcotic drugs or psychotropic substance by a registered pharmacist;

   "use" in relation to narcotic drugs and psychotropic substances, means any substance specified in the Schedule or any thing which contains any substance specified in that Schedule.

PART II
ESTABLISHMENT OF AN INTERMINISTERIAL COMMISSION FOR THE CO-ORDINATION OF DRUGS CONTROL (ss 3-10)

3.   Government obligation to take measures for preventing drug abuse

   (1) Subject to the provisions of this Act, the Government shall take all such measures as it deems necessary or expedient for the purpose of preventing and combating abuse of narcotic drugs, psychotropic substances and the illicit traffic thereof.

   (2) In particular and without prejudice to the generality of the provisions of subsection (1), the measures which the Government may take under subsection (1) include measures with respect to all or any of the following matters-

   (a)   co-ordination of actions by various officers and authorities under this Act or under any other law for the time being in force in connection with the enforcement of the provisions of this Act and obligations under the International Convention;

   (b)   assistance to the concerned authorities in foreign countries and concerned international organisation with a view to facilitate co-ordination and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances;

   (c)   identification, treatment, education, after care, rehabilitation and social integration of addicts;

   (d)   such other matters as the Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act and preventing and combating the abuse of narcotic drugs, psychotropic substances and illicit traffic.

4.   Establishment of the Commission for the National Co-ordination of Drug Control

   (1) The President shall, by order published in the Gazette, constitute a Commission for the National Co-ordination of Drug Control which shall be responsible for defining, promoting and co-ordinating the policy of the Government for the control of drug abuse and of drug trafficking.

   (2) The President shall, by order published in the Gazette, appoint an Anti-Drug Commissioner for the purpose of implementing the policy of the Commission and the day-to-day co-ordination of the Government action relating to drug abuse control.

   (3) The Anti-Drug Commissioner shall be supported by a Secretariat which shall consist of not more than fifteen members appointed by the Commission.

   (4) The Secretariat shall advise the Anti-Drug Commissioner on such matters relating to the administration of this Act as are referred to the Commissioner by the Commission.

   (5) The Anti-Drug Commissioner shall recruit such other officers with such designations as he thinks fit.

   (6) The Commission, under the chairmanship of the Prime Minister, shall be composed of-

   (a)   the Minister responsible for legal affairs;

   (b)   the Minister responsible for home affairs;

   (c)   the Minister responsible for health;

   (d)   the Minister responsible for community development;

   (e)      the Minister responsible for foreign affairs;

   (f)   the Minister responsible for finance;

   (g)   the Minister responsible for youth development;

   (h)   the Minister of State (Office of the Chief Minister - Zanzibar);

   (i)   the Minister responsible for Tourism Zanzibar;

   (j)   the Minister of State Planning (Zanzibar); and

   (k)   the other members active in drug abuse control.

   (7) Other Ministers may be called upon to serve on the Commission in accordance with the items on the agenda and the Commission may also invite any other person to attend if it is deemed necessary to invite such person.

   (8) The Commission shall meet at least twice a year in regular session and whenever necessary in special session.

   (9) Where the Prime Minister is unable to discharge his functions under this Act for any reason the Commission shall be chaired by the Minister responsible for legal affairs and in his absence the Minister responsible for home affairs and, in the absence of the latter the Minister responsible for health.

5.   Functions of the Commission

   (1) The functions of the Commission shall be to define, promote and coordinate the policy of the Government for the control of drug abuse and trafficking, especially in-

   (a)   developing and implementing a national plan of action for drug control;

   (b)   implementing the provisions of International Conventions on narcotic drugs and psychotropic substances;

   (c)   updating and adapting drug control laws and regulations;

   (d)   promoting the prevention of drug abuse and public information for youngsters, families, professors, educators and the general public, by supporting other initiatives in the field of information and prevention;

   (e)   establishing a viable data collection and analysis system at the national level on drug abuse and drug trafficking;

   (f)   developing treatment and rehabilitation programmes for drug addicts;

   (g)   undertaking research on drug addiction;

   (h)   training of personnel in charge of measures dealing with drug abuse and drug trafficking money laundering precursors;

   (i)   promoting and ensuring international co-operation;

   (j)   ensuring co-ordination and support of activities of non-government organisations and associations participating in drug abuse control.

   (2) The Commission shall ensure that the requirements of the International Conventions are effectively fulfilled by the Government both at the national level and in its relations with other states and international bodies in charge of drug control, as well as in the implementation, at the national and international level, of the drug control machinery.

6.   Reports of the Commission to be laid before the Parliament

   The Commission shall publish yearly reports describing the national situation and its developments as regards the supply and demand of drugs, and formulating any proposal likely to promote anti-drug activities and such report shall be laid before the Parliament.

7.   The budget of the Commission

   (1) The Commission shall have its own budget for the administrative support of the Anti-Drug Commissioner and for the support of specific activities, special events or initiatives, undertaken by administrative public offices and institutions, as well as organisations, associations and private parties participating in the drug abuse control efforts.

   (2) The source of funds for the budget of the Commission shall be-

   (a)   a sum of money allocated to the Fund by the Parliament;

   (b)   assets and values confiscated from drug traffickers, and allocated to the National Fund for Drug Abuse Control established under section 11;

   (c)   grants and donations given to the Fund by intergovernmental and non-governmental organisations participating in drug control efforts.

   (3) The Commission shall monitor the allotment and use of funds by the Anti-Drug Commissioner and shall administer the National Fund for Drug Abuse Control.

   (4) Where assets are allocated in kind to the Fund, the Commission shall decide on the distribution to a public or private body in charge of drug abuse control, depending on the nature of the goods and the needs of the institutions concerned.

8.   Anti-Drug Commissioner to participate in the Inter-Ministerial meetings

   The Anti-Drug Commissioner shall participate in the Inter-Ministerial Commission meetings.

9.   Anti-Drug Commissioner to prepare deliberations and ensure implementation

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