Article 1:
The provisions of articles 33, 34, 35, 36, 37, 38, 39, 40, 41, 42(1), 43, 44, 45 and 50 of Decree-Law No. 182 of 1960 Concerning the Control of Narcotic Drugs and the Regulation of their Utilization and Trade in Them, shall be replaced by the following provisions:
Article 33:
Anyone who commits any of the following acts shall be punished by the death penalty and a fine of not less than 100,000 pounds and not more than 500,000 pounds:
(a) Exports or imports any narcotic substance before having obtained the licence stipulated in article 3;
(b) Produces, extracts, separates or manufactures any narcotic substance with the intention of trading in it;
(c) Cultivates any of the plants included in Schedule No. 5, or exports, imports, possesses, acquires, purchases, sells, delivers or transports any of these plants in any stage of its growth, or its seeds, with the intention of trading or by way of trade, in any way whatsoever, in any case other than those authorized by law;
(d) Even abroad, forms or manages a gang, or engages in the management or organization, joins or has complicity in such a gang, the objectives of which include trading in narcotic substances or provision of such substances, for personal use, or commission, inside the country, of any of the offences stipulated in this article.
The court, in addition to the penalties established for the offences referred to by this article, shall decide on the payment of the customs charges as established by law.
Article 34:
Anyone who commits any of the following acts shall be punished by the death penalty or by life imprisonment with hard labour and by a fine of not less than 100,000 pounds and not more than 500,000 pounds:
(a) Possesses, acquires, purchases, sells, delivers, transports or provides for use any narcotic substance, with the intention of trading or by way of trade, in any way whatsoever, in any case other than those authorized by law;
(b) Is licensed to be in possession of a narcotic substance for use for a particular purpose, and disposes of it in any way for any other purpose whatever;
(c) Manages or prepares any premises for the use of narcotic substances, for a consideration.
The punishment imposed for the offences referred to by this article shall be both the death penalty and a fine of not less than 100,000 pounds and not more than 500,000 pounds in the following cases:
(i) If the offender, in committing any of the offences concerned, uses a person who has not yet reached the age of 21, or uses any of his own ascendants or descendants, his spouse or any persons for whose upbringing or supervision he is responsible or any persons over whom he has actual authority in respect of their control and guidance;
(ii) If the offender is one of the public officials or personnel charged with the enforcement of this law or assigned to combat narcotic drugs or to control their circulation and possession, or if he is a person connected in any way whatsoever with narcotic drugs;
(iii) If the offender, in committing or facilitating the commission of these offences, uses the power vested in him by virtue of his function or his job or the immunity that he enjoys under the Constitution or the law;
(iv) If the offence is committed in any place of worship or educational institution or its facilities, clubs, public parks, treatment institutions, social or correctional institutions, military camps or prisons or in the immediate vicinity of such premises;
(v) If the offender presents, delivers or sells any narcotic substance to any person who has not yet reached the age of 2l, or if, by whatever means of force, deceit, incitement, seduction or facility, he induces the said person to use such a substance;
(vi) If the narcotic substance which is the subject of the offence is cocaine or heroin or any of the substances included in part I of the attached Schedule No. 1;
(vii) If the offender was previously condemned for any of the crimes referred to by this or the preceding article.
Article 35:
Anyone who commits any of the following acts shall be punished by life imprisonment with hard labour and a fine of not less than 50,000 pounds and not more than 200,000 pounds:
(a) Manages or prepares for third persons any premises intended for the use of narcotic substances, without a consideration;
(b) Facilitates the personal use of any narcotic substance or presents such a substance for personal use, without a consideration, in any case other than those authorized by law.
Article 36:
As an exception to the provisions of article 17 of the Penal Code, in the application of the preceding articles as well as article 38, the penalty which directly follows that which is established for the offence may not be conceded. Thus if the penalty which follows next is temporary hard labour or imprisonment, the term of sentence may not be less than six years.
Article 37:
Anyone who possesses, acquires, buys, produces, extracts, separates or manufactures any narcotic substance, or cultivates, possesses or buys any of the plants included in Schedule No. 5, with the intention of personal use or processing, in any cases not authorized by law, shall be punished by a term of hard labour and by a fine of not less than 10,000 pounds and not more than 50,000 pounds. The court, in the sentence, may order execution of the penalties applicable in the special prisons established for persons sentenced for the crimes covered by this law, or the places reserved for them in the penal institution.
The court, in deciding the punishment for the offences provided for in the first paragraph, may, as an alternative to such punishment, order the internment of a person proven to be an addict in one of the sanatoriums established for this purpose, to undergo medical, psychological and social treatment, which shall be determined by a decision of the Minister of Justice, in agreement with the Ministers of Public Health, the Interior and Social Affairs. The period of internment in the sanatoriums of the person sentenced may not be less than six months nor more than three years, or the term of sentence, whichever is less.
When his addiction is cured, the internee shall be released by a decision of the committee responsible for supervising the persons interned in the sanatorium. If the internment procedure is found to be ineffective, if the maximum period fixed for his internment elapses before his recovery, if the internee violates the requirements imposed on him in respect of his treatment or if he commits during his internment any of the crimes covered by this law, the above-mentioned committee shall submit a report on the matter to the court through the public prosecution, requesting a decision repealing the stay of execution so that the fine can be imposed and the remainder of the term of deprivation of liberty can be served, after deduction of the period which the sentenced person spent in the sanatorium.However, internment in a sanatorium may not be ordered where an offender commits any of the offences referred to by paragraph 1 of this article, after he has previously been sentenced to a penalty or to the internment procedure. In such cases, the provisions established in the preceding article shall apply in the event that the application of article 17 of the Penal Code is deemed justifiable by the court. (…)
