Database of Legislation

Drug offences
  • Offences

    • • Cultivation/ production/ manufacture
      • Extraction/ preparation
      • Purchase/ possession
      • Offering/ offering for sale/ sale/ brokerage
      • Distribution/ delivery/ dispatch/ transport
      • Importation/ exportation

UNTOC Articles

  • Organized Crime Convention

  • Article 11: Prosecution, adjudication and sanctions
  • Article 12: Confiscation and seizure
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Article 2:

    Articles 44, 45, 46 and 47 of the afore mentioned dahir of 2 December 1922 (12 Rebia II 1341) shall be amended and supplemented as follows:
    "Article 44 - Offences against this dahir or orders made hereunder relating to the sale, purchase and use of toxic substances shall be punishable by a fine of not less than 24,000 or more than 720,000 francs and imprisonment for not less than six days or more
    than two months, or by one only of these penalties."

    "Article 45 - Any person committing an offence against this dahir or orders made hereunder in respect of substances classified as narcotic drugs and listed in Table B shall be liable to imprisonment for not less than three months or more than five
    years, and to a fine of not less than 240,000 or more than 2,400,000 francs, or to one only of these penalties. Any person attempting to commit one of the offences referred to in the preceding paragraph shall be liable to the penalty for the commission of the offence. The same shall apply to any person who abets, or conspires in, the commission of such offences. The penalties provided for in the two preceding paragraphs may be imposed even if the various acts constituting the offence were committed in different
    countries. The same penalties shall be applicable to persons joining with others in the use of the said substances or facilitating the use thereof by others, whether for a
    valuable consideration or otherwise, either by furnishing premises for the purpose or by any other means. In all the cases referred to in the preceding paragraphs, the court may also impose deprivation of civil rights for a term of not less than one or more than five years. Any person convicted of facilitating the use of the said substances by others, either by furnishing premises for the purpose or by any other means, shall be sentenced by the court to local banishment for a term of not less than five or more than ten
    years. Premises used as a place of resort for persons using narcotic drugs or for the Illicit manufacture of the said substances shall be treated in the same way as premises commonly known to be disorderly houses."

    "Article 46 - Any person who obtains or attempts to obtain one of the toxic, substances referred to in article 45 by means of a false prescription or of a prescription issued as an accommodation; or who wittingly fills such prescriptions for the said substances; or who is found in unlawful possession of one of the said substances shall be liable to the
    penalties provided in article 45."

    "Article 46 bis - The penalties provided in article 45, including local banishment, shall be doubled if the offence consisted in the illicit manufacture of the toxic substances referred to in that article. The penalties shall likewise be doubled if the offender has facilitated the use of the said substances by a minor or has supplied the substances to a minor
    in the circumstances referred to in article 46."

    "Article 46 ter - A person charged with one of the offences referred to in articles 45 and 46 and found to be a taker of narcotic drugs may be required by order of the examining magistrate to undergo disintoxication treatment in a special institution. This measure may, however, only be ordered on the recommendation of a commission the majority of whose members shall be representatives of the medical profession, appointed by the first president of the court of appeal, on the proposal of the Director of Public Health and the Family. The membership of the commission and the conditions of treatment shall be determined by order of the Director of Public Health and the Family. Any person failing to comply with the order referred to in the first paragraph shall be liable to imprisonment for not less than six days or more than two months and to a fine of not less than 24,000
    or more than 720,000 francs. Such penalties shall be without prejudice to any penalties imposed under articles 45, 46 and 46 bis."

    "Article 47 - In all the cases to which this dahir refers the court may order the confiscation of the substances seized. Where the offencewas committed in a pharmaceutical establishment, confiscation may not be ordered if the offender is merely the manager
    in charge unless the owner of the establishment was an accessory to the offence.
    In all the cases referred to in the first paragraph of article 45 and in the second paragraph of article 46, the court may prohibit the convicted person from exercising the profession in connexion with which the offence was committed for a period of not more
    than two years. The period may be extended to five years in the cases referred to in article 46 bis and in the case of repetition of the offence. In the cases referred to in the fourth paragraph of article 5, the court may order the confiscation of the substances, utensils, materials, furniture and furnishings used to equip or decorate the premises,
    and prohibit the offender, for a period to be determined by the court, from engaging in the occupation under cover of which the offence was committed. In the cases referred to in the first paragraph of article 46 bis, an order shall be made for the confiscation of the materials and installations used for the manufacture and conveyance of the substances.
    Any person engaging in an occupation which he is prohibited from exercising in virtue of an order under the second and third paragraphs of this article shall be liable to imprisonment for not less than six months or more than two years, and a fine of not
    less than 240,000 or more than 2,400,000 francs."

     
     

    Cross-Cutting Issues

    • Investigation Procedure

      • Confiscation and Seizure of

        • • Property, equipment or other instrumentalities
          • Proceeds of crime derived from offences covered by the Convention
     

    Attachments