Jersey Law 5/1954
DANGEROUS DRUGS (JERSEY) LAW, 1954
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ARRANGEMENT OF
ARTICLES.
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PART I.
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RAW OPIUM, COCA
LEAVES, INDIAN HEMP, ETC.
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Article
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1.
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Restriction on importation of drugs
to which Part I applies
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2.
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Restriction on exportation of drugs
to which Part I applies
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3.
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Power to control production, sale,
etc., of drugs to which Part I applies
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4.
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Drugs to which Part I applies
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PART II.
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PREPARED OPIUM.
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5.
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Prohibition on importation and
exportation of prepared opium
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6.
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Penalty for manufacturing, selling,
using, etc., prepared opium
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7.
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Meaning of “prepared
opium”
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PART III.
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MEDICINAL OPIUM,
COCAINE, OPIUM MORPHINE, Etc.
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8.
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Restriction on importation and
exportation of drugs to which Part III applies
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9.
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Power to control manufacture, sale,
etc., of drugs to which Part III applies
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10.
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Drugs to which Part III applies
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PART IV.
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CONTROL OF TRADE IN
NEW DRUGS.
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11.
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Prohibition of trade, etc., in new
drugs
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12.
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Power to apply Part III of this Law
to new drugs
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PART V.
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GENERAL.
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13.
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Entry and search of premises, etc.,
to obtain evidence of offences
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14.
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Offences and penalties
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15.
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Attempts, etc., to commit offences
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16.
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Offences by companies
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17.
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Legal proceedings
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18.
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Licences and authorities
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19.
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Provisions as to orders
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20.
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Interpretation
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21.
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Repeal and savings
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22.
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Short title and commencement
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DANGEROUS DRUGS (JERSEY) LAW, 1954.
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A LAW to
regulate the importation, exportation, manufacture, sale, distribution,
possession and use of dangerous drugs, sanctioned by Order of the
13th day of APRIL, 1954,
of
the Counsellors of State in Council on behalf of Her
Majesty, being authorised thereto by Letters Patent
dated the 20th day of November, 1953.
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(Registered on the 15th day of May, 1954).
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STATES OF JERSEY.
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The 28th day of
January, 1954.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law : -
PART I
RAW OPIUM, COCA LEAVES, INDIAN
HEMP, Etc
ARTICLE I
RESTRICTION ON IMPORTATION OF DRUGS TO WHICH PART I APPLIES
If any person imports or brings into the Island a drug to which
this Part of this Law applies except under a licence
granted by the Committee and at the Port of Saint Helier
or Saint Peter’s Airport, he shall be guilty of an offence against this
Law.
ARTICLE 2
RESTRICTION ON EXPORTATION OF DRUGS TO WHICH PART I APPLIES
(1) If
any person exports from the Island a drug to which this Part of this Law
applies except under a licence granted by the
Committee and from the Port of Saint Helier or Saint
Peter’s Airport, he shall be guilty of an offence against this Law.
(2) If
at any time the importation into a foreign country of a drug to which this Part
of this Law applies is prohibited or restricted by the laws of that country,
there shall, while that prohibition or restriction is in force, be attached to
every licence which is issued by the Committee under
this Law, authorizing the export of that drug from the Island such conditions
as appear to the Committee to be necessary for preventing or restricting, as
the case may be, the exportation of that drug from the Island to that country
during such time as the importation of that drug into that country is so
prohibited or restricted, and any such licences
issued before the prohibition or restriction came into force shall, if the
Committee by order so directs, be deemed to be subject to the like conditions.
ARTICLE 3
POWER TO CONTROL PRODUCTION, SALE, ETC., OF DRUGS TO WHICH PART I
APPLIES
The Committee may by order provide for controlling or restricting
the production, possession, sale and distribution of drugs to which this Part
of this Law applies, and in particular, but without prejudice to the generality
of the foregoing power, for prohibiting the production, possession, sale or
distribution of any such drug except by persons licensed or otherwise
authorized in that behalf by the Committee.
ARTICLE 4
DRUGS TO WHICH PART I APPLIES
(1) The
drugs to which this Part of this Law applies are raw opium, coca leaves, Indian
hemp, and resins obtained from Indian hemp and all preparations of which such
resins form the base.
(2) In
this Article –
(a) “raw
opium” includes powdered or granulated opium, but does not include
medicinal opium;
(b) “medicinal
opium” means raw opium which has undergone the processes necessary to
adapt it for medicinal use in accordance with the requirements of the British
Pharmacopoeia, whether it is in the form of powder or is granulated or is in
any other form, and whether it is or is not mixed with neutral substances;
(c) “coca
leaves” means the leaves of any plant of the genus of the erythroxylaceae from which cocaine can be extracted either
directly or by chemical transformation;
(d) “Indian
hemp” means the dried flowering or fruiting tops of the pistillate plant known as cannabis sativa from which the
resin has not been extracted, by whatever name such tops are called.
PART II
PREPARED OPIUM
ARTICLE 5
PROHIBITION OF IMPORTATION AND EXPORTATION OF PREPARED OPIUM
If any person imports or brings into, or exports from, the Island,
any prepared opium, he shall be guilty of an offence against this Law.
ARTICLE 6
PENALTY FOR MANUFACTURING, SELLING, USING, ETC., PREPARED OPIUM
If a person –
(a) manufactures, sells or
otherwise deals in prepared opium ; or
(b) has in his possession any
prepared opium ; or
(c) being the occupier of any
premises, permits those premises to be used for the purpose of the preparation
of opium for smoking or the sale or smoking of prepared opium ; or
(d) is concerned in the
management of any premises used for any such purpose as aforesaid ; or
(e) has in his possession any
pipes or other utensils for use in connexion with the
smoking of opium or any utensils used in connexion
with the preparation of opium for smoking ; or
(f) smokes or otherwise
uses prepared opium or frequents a place used for the purpose of opium smoking
;
he shall be guilty of an offence against this Law.
ARTICLE 7
MEANING OF “PREPARED OPIUM”
In this Part of this Law, “prepared opium” means opium
prepared for smoking and includes dross and any other residues remaining after
opium has been smoked.
PART III
MEDICINAL OPIUM, COCAINE, MORPHINE,
ETC
ARTICLE 8
RESTRICTION ON IMPORTATION AND EXPORTATION OF DRUGS TO WHICH PART
III APPLIES
If any person imports or brings into, or exports from, the Island,
a drug to which this Part of this Law applies except under a licence granted by the Committee, he shall be guilty of an
offence against this Law.
ARTICLE 9
POWER TO CONTROL MANUFACTURE, SALE, ETC., OF DRUGS TO WHICH PART
III APPLIES
(1) For
the purpose of preventing the improper use of the drugs to which this Part of
this Law applies, the Committee may by order provide for controlling the
manufacture, sale, possession and distribution of those drugs, and in
particular but without prejudice to the generality of the foregoing power, for
–
(a) prohibiting the manufacture
of a drug to which this Part of this Law applies except on premises licensed
for the purpose by the Committee and subject to any conditions specified in the
licence ;
(b) prohibiting the manufacture,
sale or distribution of any such drug except by persons licensed or otherwise
authorized under the order by the Committee and subject to any conditions
specified in the licence or authority ;
(c) regulating the issue by
medical practitioners of prescriptions containing any such drug and the
dispensing of any such prescriptions ; and
(d) requiring persons engaged in
the manufacture, sale or distribution of any such drug to keep such books and
furnish such information either in writing or otherwise as may be prescribed by
the order.
(2) Provision
shall be made by order under this Article for authorizing a person lawfully
carrying on business in accordance with the provisions of the Pharmacy, Poisons
and Medicines (Jersey) Law, 1952, as an
authorized seller of poisons –
(a) in the ordinary course of his
retail business to manufacture, at any premises duly registered under Part II
of that Law, any preparation, admixture or extract of a drug to which this Part
of this Law applies ; or
(b) to carry on at any such
premises as aforesaid the business of retailing, dispensing or compounding any
such drug ;
subject to the power of the Committee to withdraw the authorization
in the case of a person who has been convicted of an offence against this Law
or the Law repealed by this Law, and who cannot, in the opinion of the
Committee, properly be allowed to carry on the business of manufacturing or
selling or distributing, as the case may be, any such drug :
Provided that the Committee shall, before withdrawing the
authorization in the case of any such person, consult the registered
pharmacists for the time being nominated in pursuance of Article 24 of the
Pharmacy, Poisons and Medicines (Jersey) Law, 1952.
(3) Nothing
in any order made under this Article shall be taken to authorize the sale by
retail of poisons by a person who is not qualified in that behalf under, or
otherwise than in accordance with, the provisions of the Pharmacy, Poisons and
Medicines (Jersey) Law, 1952, or to be
in derogation of the provisions of that Law for prohibiting, restricting or
regulating the sale of poisons.
ARTICLE 10
DRUGS TO WHICH PART III APPLIES
(1) Subject
to the following provisions of this Article, and to the provisions of Part IV
of this Law, the drugs to which this Part of this Law applies are –
(a) medicinal opium ;
(b) any extract or tincture of
Indian hemp ;
(c) morphine and its salts, and
diacetylmorphine (commonly known as diamorphine or
heroin) and the other esters of morphine and their respective salts ;
(d) cocaine (including synthetic
cocaine) and ecgonine and their respective salts, and
the esters of ecgonine and their respective salts ;
(e) any solution or dilution of
morphine or cocaine or their salts in an inert substance, whether liquid or solid,
containing any proportion of morphine or cocaine, and any preparation,
admixture, extract or other substance (not being such a solution or dilution as
aforesaid) containing not less than one-fifth per cent. of morphine or
one-tenth per cent. of cocaine or of ecgonine ;
(f) any preparation,
admixture, extract or other substance containing any proportion of
diacetylmorphine ;
(g) dihydrohydroxycodeinone,
dihydrocodeinone, dihydro-morphinone,
acetyldihydrocodeinone, dihydromorphine,
their esters and the salts of any of these substances and of their esters,
morphine-N-oxide (commonly known as genomorphine),
the morphine-N-oxide derivatives, and any other pentavalent
nitrogen morphine derivatives ;
(h) thebaine
and its salts, and (with the exception of methylmorphine,
commonly known as codeine, and ethylmorphine,
commonly known as dionin, and their respective salts)
benzylmorphine and the other ethers of morphine and
their respective salts ;
(j) any preparation,
admixture, extract or other substance containing any proportion of any of the
substances mentioned in sub-paragraph (g)
or in sub-paragraph (h) of this
paragraph.
For the purposes of this paragraph –
(i) “ecgonine” means laevo-ecgonine
and includes any derivatives of ecgonine from which
it may be recovered industrially ;
(ii) “medicinal
opium” has the meaning assigned to it by paragraph (2) of Article 4 of
this Law ;
and percentages, in the case of morphine, shall be calculated as in
respect of anhydrous morphine and, in the case of liquid preparations, shall,
unless other provision in that behalf is made by order made by the Committee,
be calculated on the basis that a preparation containing one per cent. of a
substance means a preparation in which one gramme of
the substance, if a solid or one millilitre of the
substance, if a liquid is contained in every one hundred millilitres
of the preparation, and so in proportion for any greater or lesser percentage.
(2) Where
the Committee is of the opinion that a new derivative of morphine or cocaine or
of any salts of morphine or cocaine or any other alkaloid of opium or any other
drug of whatever kind –
(a) is, or is likely to be,
productive, if improperly used, of ill effects substantially of the same
character or nature as, or analagous to, those
produced by morphine or cocaine ; or
(b) is capable of being converted
into a substance which is, or is likely to be, productive, if improperly used,
of such effects ;
the Committee may by order declare that this Part of this Law shall
apply to that new derivative or alkaloid or other drug in the same manner as it
applies to the drugs mentioned in paragraph (1) of this Article.
(3) 2The
Committee may by order apply this Part of this Law, with such modifications as
may be specified in the order, to any of the following drugs, that is to say methylmorphine (commonly known as codeine), ethylmorphine (commonly known as dionin)
and their respective salts.
(4) Where
Her Majesty in Council, in pursuance of sub-section (4) of section ten of the
Dangerous Drugs Act, 1951, has declared that a finding with respect to a
preparation containing any of the drugs to which this Part of this Law applies
has, in pursuance of Article 8 of the Geneva Convention (No. i), been communicated by the Economic and Social Council of
the United Nations to the parties to the said Convention, the Committee may by
order declare that the provisions of this Part of this Law shall, as from such
date as may be specified in the order, cease to apply to the preparation
specified therein.
PART IV
CONTROL OF TRADE IN NEW DRUGS
ARTICLE II
PROHIBITION OF TRADE, ETC., IN NEW DRUGS
(1) If
any person in the Island trades in, or manufactures for the purpose of trade,
any products obtained from any of the phenanthrene
alkaloids of opium or from the ecgonine alkaloids of
the coca leaf, not being a product which was, on the thirteenth day of July,
nineteen hundred and thirty-one, being used for medical or scientific purposes,
he shall be guilty of an offence against the Law :
Provided that the Committee, if at any time satisfied as respects
any such product that it is of medical or scientific value, may by order direct
that this paragraph shall cease to apply to that product.
(2) If
a person acts in contravention of paragraph (1) of this Article, he shall be
guilty of an offence against this Law.
ARTICLE 12
POWER TO APPLY PART III OF THIS LAW TO NEW DRUGS
Where a decision with respect to any such product as is mentioned
in paragraph (1) of Article 11 of this Law has, in pursuance of Article 11 of
the Geneva Convention (No. 2), been communicated by the Secretary-General of
the United Nations to the parties to the said Convention, and Her Majesty in
Council, in pursuance of section 12 of the Dangerous Drugs Act, 1951, has given
effect to that decision, the Committee by order may, as the case requires,
either declare that the provisions of Part III of this Law shall apply to that
product in the same manner as they apply to the drugs mentioned in paragraph
(1) of Article 11 of this Law or apply the said Part III to that product with
such modifications as may be specified in the order.
PART V
GENERAL
ARTICLE 13
ENTRY AND SEARCH OF PREMISES, ETC., TO OBTAIN EVIDENCE OF OFFENCES
(1) Any
officer of the Committee, generally or specially authorized in writing in that
behalf, shall, for the purposes of the execution of Parts I, II and III of this
Law, have power to enter the premises of a person carrying on the business of a
producer, manufacturer, seller or distributor of any drugs to which Part I, II
or III of this Law applies, and to demand the production of, and to inspect,
any books or documents relating to dealings in any such drugs and to inspect
any stocks of any such drugs.
(2) If
the Bailiff is satisfied by information on oath that there is reasonable ground
for suspecting –
(a) that any drugs to which Part
I, II or III of this Law applies are, in contravention of the provisions of
this Law or any order made thereunder, in the
possession or under the control of a person in any premises; or
(b) that a document directly or
indirectly relating to, or connected with, a transaction or dealing which was,
or an intended transaction or dealing which would if carried out be, an offence
against this Law, or, in the case of a transaction or dealing carried out or
intended to be carried out in a place outside the Island, an offence against
the provisions of a corresponding law in force in that place, is in the
possession or under the control of a person in any premises;
he may grant a search warrant authorizing any officer of police,
whether honorary or paid, named in the warrant, at any time or times within one
month from the date of the warrant, to enter, if need be by force, the premises
named in the warrant, and to search the premises and any persons found therein
and, if there is reasonable ground for suspecting that an offence against this
Law has been committed in relation to any such drugs which may be found in the
premises or in the possession of any such persons, or that a document which may
be so found is such a document as is mentioned in sub-paragraph (b) of this
paragraph, to seize and detain those drugs or that document, as the case may
be.
(3) If
a person wilfully delays or obstructs a person in the
exercise of his powers under this Article or fails to produce, or conceals or
attempts to conceal, any such books, stocks, drugs or documents as aforesaid, he
shall be guilty of an offence against this Law.
ARTICLE 14
OFFENCES AND PENALTIES
(1) A
person –
(a) who acts in contravention of,
or fails to comply with, the provisions of any order made under this Law; or
(b) who acts in contravention of,
or fails to comply with, the conditions of a licence
issued or authority granted under, or in pursuance of, this Law; or
(c) who for the purpose of
obtaining, whether for himself or for any other person, the issue, grant or renewal
of any such licence or authority as aforesaid, makes
a declaration or statement which is false in any particular, or knowingly
utters, produces or makes use of any such declaration or statement or a
document containing the same; or
(d) who in the Island aids,
abets, counsels or procures the commission in a place outside the Island of an
offence punishable under the provisions of a corresponding law in force in that
place, or does an act preparatory to, or in furtherance of, an act which if
committed in the Island would constitute an offence against this Law;
shall be guilty of an offence against this Law.
(2) Every
person guilty of an offence against this Law shall, in respect of each offence,
be liable to a fine not exceeding one thousand pounds sterling, or to
imprisonment for a period not exceeding ten years, or to both such fine and
imprisonment, and shall, in every case, on conviction for the offence, forfeit
to Her Majesty all articles in respect of which the offence was committed:
Provided that no person shall, on conviction for an offence against
this Law consisting of a contravention or failure to comply with the provisions
of an order made under this Law relating to the keeping of books or the issuing
or dispensing of prescriptions containing drugs to which this Law applies, be
sentenced to imprisonment without the option of a fine or to pay a fine
exceeding fifty pounds sterling, if the court dealing with the case is
satisfied that the offence was committed through inadvertence and was not preparatory
to, or committed in the course of, or in connexion
with, the commission or intended commission of any other offence against this
Law.
(3) The
court before which a person is convicted for an offence against this Law may
order any forfeited articles to be destroyed or otherwise disposed of as the
court thinks fit.
ARTICLE 15
ATTEMPTS, ETC., TO COMMIT OFFENCES
If a person attempts to commit an offence against this Law or does
any act preparatory to the commission of such an offence, or solicits or incites
another person to commit such an offence, he shall, without prejudice to any
other liability, be liable to the same punishment and forfeiture as if he had
committed an offence against this Law.
ARTICLE 16
OFFENCES BY COMPANIES
Where a person convicted of an offence against this Law is a
company, the chairman and every director and every officer concerned in the
management of the company shall be guilty of the like offence unless he proves
that the act constituting the offence took place without his knowledge or
consent.
ARTICLE 17
LEGAL PROCEEDINGS
(1) Notwithstanding
any enactment or rule of law to the contrary, any proceedings which may be
taken against any person under this Law may be taken at any time within the
period of twelve months next after the date of the commission of the alleged
offence or within the period of three months next after the date on which
evidence, sufficient in the opinion of the Committee to justify the
proceedings, comes to the knowledge of the Committee, or, where the person in
question was outside the Island at that date, within the period of twelve
months from the date on which he first lands in the Island thereafter,
whichever of the said periods last expires.
(2) For
the purposes of paragraph (1) of this Article, a certificate purporting to be
signed on behalf of the Committee as to the date on which such evidence as
aforesaid came to the knowledge of the Committee shall be sufficient evidence
thereof.
(3) For
the avoidance of doubt it is hereby declared that in any proceedings against a
person for an offence against this Law it is not necessary to negative by
evidence a licence, authority or other matter of
exception or defence, and that the burden of proving
any such matter lies on the person seeking to avail himself thereof.
ARTICLE 18
LICENCES AND AUTHORITIES
A licence or authority issued or granted
by the Committee for the purposes of this Law may be issued or granted on such
terms and subject to such conditions (including, in the case of a licence, the payment of a fee) as the Committee thinks
proper.
ARTICLE 19
PROVISION AS TO ORDERS
(1) Every
order made under this Law –
(a) shall come into force on the
date prescribed thereby;
(b) may be amended or revoked by
a subsequent order;
(c) shall remain in force until
revoked; and
(d) shall be laid before the
States as soon as may be after it is made, and if the States, within the period
of twenty-one days beginning with the day on which any such order is laid
before them, resolve that it be annulled, it shall cease to have effect, but
without prejudice to anything previously done thereunder
or to the making of any new order.
(2) The
Greffier of the States shall cause every order made
under this Law to be printed and shall cause to be published in two newspapers
circulating in the Island, one being a publication in French and the other a
publication in English, a notice stating that the order has been made, the date
of the coming into force thereof and the place at which printed copies thereof
may be purchased.
ARTICLE 20
INTERPRETATION
(1) In
this Law –
“the Committee” means the Public Health Committee;
“British Pharmacopoeia” means the book published by
that name in pursuance of section twenty-three of the Medical Act, 1950 (14
Geo. 6, c. 29).
(2) In
this Law, “corresponding law” means a law stated in a certificate
purporting to be issued by or on behalf of the government of a country outside
the Island to be a law providing for the control and regulation in that country
of the manufacture, sale, use, export and import of drugs in accordance with
the provisions of the Hague Convention, the Geneva Convention (No. 1) and the
Geneva Convention (No. 2), and a statement in any such certificate as to the
effect of the law mentioned in the certificate or a statement in any such
certificate that any facts constitute an offence against that law shall be
conclusive.
(3) In
this Law –
(a) “the Hague
Convention” means the International Opium Convention signed at the Hague
on the third day of January, nineteen hundred and twelve;
(b) “the Geneva Convention
(No. 1)” means the International Opium Convention signed at Geneva on the
nineteenth day of February, nineteen hundred and twenty five; and
(c) “the Geneva Convention
(No. 2)” means the Convention for the purpose of supplementing the
provisions of the Conventions aforesaid which was signed at Geneva on the
thirteenth day of July, nineteen hundred and thirty-one;
and any reference in the provisions of this Law (other than those
of this paragraph) to any of the said Conventions shall be construed as a
reference to that Convention as amended by the Protocol on Narcotic Drugs
signed at Lake Success, New York, on the eleventh day of December, nineteen
hundred and forty-six.
(4) For
the purposes of this Law, an article shall be deemed to be imported under licence or exported under licence
if the importer or exporter, as the case may be, is the holder of a licence issued under this Law authorizing the importation
or exportation, as the case may be, of the article and complies with the
conditions, if any, of the licence, but not
otherwise.
ARTICLE 21
REPEAL AND SAVINGS
(1) The
“Loi sur les Drogues Dangereuses”, passed by the States on the first day
of October, 1923, and confirmed by Order of His Majesty in Council of the
nineteenth day of December, 1923, and
Article 29 of the Pharmacy, Poisons and Medicines (Jersey) Law, 1952, are hereby repealed.
(2) Nothing
in this Law shall affect any licence issued,
authority or warrant granted or any other thing done under the Law repealed by
this Law, but any such licence, authority, warrant or
thing which is in force at the commencement of this Law shall continue in force
and, so far as it could have been issued, granted or done under the
corresponding provision of this Law, shall have effect as if it had been issued,
granted or done under that corresponding provision.
(3) Any
document referring to the Law repealed by this Law shall be construed as
referring to the corresponding provision of this Law.
ARTICLE 22
SHORT TITLE AND COMMENCEMENT
(1) This
Law may be cited as the Dangerous Drugs (Jersey) Law, 1954.
(2) This
Law shall come into force on such day or days as the States may by Act appoint
and different days may be fixed for different purposes and different provisions
of this Law.
To be printed, published and posted.
F. DE L. BOIS,
Greffier of the States.