Article 44 :
Offences against this Dahir or an order made hereunder relating to the sale, purchase and use of poisons shall be punishable by a fine of 24,000 to 720,000 francs or by imprisonment for six days to two months or by both.
Article 45:
Any person committing an offence against this Dahir or an order made hereunder in respect of a substance classified as a narcotic drug and included in list B shall be liable to imprisonment for three months to five years or to a fine of 240,000 to 2,400,000 francs or to both. Any person attempting, conspiring or agreeing to comm it one of the offences referred to in the preceding paragraph shall be liable to the penalty prescribed for the offence. The penalties prescribed in the two preceding paragraphs may be awarded even if the various acts constituting the offence were committed in different countries.
Any person joining with others in the use of the said substances or assisting others, either by furnishing premises or by any other means, for payment or otherwise, to use the said substances shall be liable to the same penalties.
In any case referred to in the preceding paragraphs the court may also order deprivation of civil rights for one to five years.
Any person convicted of assisting others to use the said substances, whether by furnishing premises or by any other means, shall be sentenced by the court to local banishment for a term of five to 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 poisons referred to in article 45 by means of a false prescription or of a prescription issued as an accommodation, or who wittingly dispenses such a prescription for such a substance; or who is found in unlawful possession of such a substance, 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 poisons referred to in that article.
The penalties shall likewise be doubled if the offender has assisted a minor to use one of the said substances or has supplied the same 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 detoxication treatment in a special institution. Provided that this measure may be ordered only 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 and Family Health.
The membership of the commission and the conditions of treatment shall be determined by order of the Director of Public and Family Health.
Any person failing to comply with an order to which the first paragraph applies shall be liable to imprisonment for six days to two months and to a fine of 24,000 to 720,000 francs. Such penalties shall not be merged with any penalties awarded under article 45, 46 or 46 bis.
Article 47:
In any case to which this Dahir refers the court may order the confiscation of the substances seized. Where the offence was committed in a pharmaceutical establishment and the offender is merely the manager in charge, confiscation may not be ordered 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 practicing the profession in connection 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 case of repetition of the offence.
In the cases referred to in the fourth paragraph of article 45, the court may order confiscation of the substances, utensils, materials, furniture and furnishings used to equip or decorate the premises, and may prohibit the offender, for a period to be determined by the court, from practicing 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 equipment used for the manufacture and conveyance of the substances. Any person practicing an occupation which he is prohibited from practicing by an order made under the second or third paragraph of this article shall be liable to imprisonment for six months to two years and to a fine of 240,000 to 2,400,000 francs.
Article 48:
In case of repetition of the offence the penalties shall be doubled, subject to article 58 of the French penal code.
