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Drug offences
  • Offences

    • • Purchase/ possession

UNTOC Articles

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  • Article 11: Prosecution, adjudication and sanctions
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    Original Text

    Article 2- Dealing in, use or possession of prohibited or dangerous dependence-producing drugs prohibited:

    Notwithstanding anything to the contrary in any law contained, any person:

    a) who deals in any prohibited dependence-producing drug or any plant from which such dependence-producing drug can be manufactured, or

    b) who has in his possession or uses any such dependence-producing drug or plant, or

    c) who deals in any dangerous dependence-producing drug or any plant from which such drug can be manufactured, or

    d) who has in his possession or uses any dependence-producing drug or plant referred to in paragraph ( c)

    shall be guilty of an offence and liable on conviction:

    (i) in the case of a conviction for a contravention of any provision of paragraph ( a) or ( c), to imprisonment for a period not exceeding 25 years or to both such imprisonment and any fine which the court may in its discretion deem fit;

    (ii) .....[a. (ii) deleted by s. 1 ( b) of Act No. 78 of 1990.]

    (iii) in the case of a conviction for a contravention of any provision of paragraph ( b) or ( d), to any fine which the court may in its discretion deem fit or to imprisonment for a period not exceeding 15 years or to both such fine and such imprisonment; [a. (iii) substituted by s. 1 ( c) of Act No. 78 of 1990.]

    (iv) .....[2 amended by s. 2 of Act No. 80 of 1973, by s. 1 of Act No. 76 of 1978 and by s. 1 of Act No. 101 of 1986. Para. (iv) deleted by s. 1 ( d) of Act No. 78 of 1990.]
    2A . ......[2A inserted by s. 3 of Act No. 80 of 1973, amended by s. 2 of Act No. 76 of 1978 and repealed by s. 2 of Act No. 101 of 1986.]

    Article 3-Dealing in, use or possession of potentially dangerous dependence-producing drugs prohibited:

    Notwithstanding anything to the contrary in any law contained, any person:

    a) who deals in any potentially dangerous dependence-producing drug; or

    b) who uses or has in his possession any drug referred to in paragraph ( a),

    shall be guilty of an offence and liable on conviction.

     
     
     

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