Narcotics Control Commission Act, 2020 (Act 1019)

The Act establishes the Narcotics Control Commission as a body corporate, and the Commission may handle property and related contracts to perform its functions.

The Commission’s objects include public health and safety, narcotics control, rehabilitation support, livelihood development, and helping confiscate proceeds of narcotic-related offences.

The Commission must carry out a range of narcotics-control, enforcement, information-sharing, prevention, and collaboration functions.

The President appoints the Board’s chairperson and other members, and must ensure at least three members are women.

The officer in charge of legal services at the Commission is the Secretary to the Board.

The Board must make policies needed to achieve the Commission’s objects and ensure the Commission performs its functions effectively and efficiently.

Board members serve for up to four years, can be reappointed, and may resign in writing; the President can revoke an appointment and the Minister handles vacancy determinations and notices.

The Board must meet at least once every three months, and the chairperson must convene an extraordinary meeting if seven or more members request it in writing.

Board members who have an interest in a matter must disclose it and step back from the Board’s deliberations and decision-making on that matter.

The Board may set up committees, and it must have committees for enforcement, drug demand and harm reduction, alternative livelihood development, and appointments and promotions.

Board members and committee members are entitled to allowances if the Minister approves them in consultation with the Minister responsible for Finance.

The Commission must establish regional and district offices, as determined by the Board, and those offices must have public officers appointed by the President. Those offices must also carry out the Commission’s functions in their region or district.

The Commission must not be controlled or directed by any person or authority when performing its functions under this Act, subject to the Constitution and this Act.

The Minister may issue policy directives to the Board if they are consistent with the objects of the Act, and the Board must comply.

The President must appoint a Director-General for the Commission, following article 195 of the Constitution.

The Director-General is answerable to the Board and must run the Commission’s day-to-day affairs, implement Board decisions, collaborate on narcotics control, and do any other Board-determined functions. The Director-General may also delegate functions to Commission officers but remains ultimately responsible.

The President must appoint two Deputy Directors-General, and each Deputy Director-General must also perform other functions assigned by the Director-General on the Board’s advice.

The President must appoint necessary staff for the Commission, other public officers may assist or be seconded to it, the Commission may hire advisers and consultants with Board approval, and the Commission must conduct integrity tests for staff.

Commission staff service terms follow the same rules as security and intelligence agencies, with special matching rules for Commission officer ranks and legal officers.

The Commission’s funds consist of parliamentary allocations, internally generated funds, grants and donations, and half of certain confiscated-property sale proceeds.

Money for the Commission must be paid into a bank account opened by the Commission.

This section creates the Substance Use Disorder Rehabilitation Fund and says the Commission must use it to rehabilitate medically certified persons suffering from substance use disorder.

The Fund is meant to cover capital and current spending for treating and rehabilitating a person with substance use disorder.

The Fund may receive money from Parliament-approved funds, public fundraising, grants and donations, and half of a payment made to the Commission under section 20(d).

The Commission must pay money from the realisation of its objects into a bank account it opens, with approval from the Controller and Accountant-General.

The Fund must be managed by a corporate trustee appointed by the Board, and the trustee must act loyally and in good faith toward the Commission.

The Fund must be used for addiction research, treatment for substance use disorders, rehabilitation centers, and training professionals.

The Commission must submit a report on the management and use of the Fund to the Minister every financial year.

The Board must keep accounting records in the form approved by the Auditor-General and submit the Commission’s accounts for audit at year end. The Auditor-General must audit within six months after the previous financial year ends and send the report to Parliament, the Minister, and the Board.

The Board must send an annual report to the Minister within 30 days after receiving the audit report, and the Minister must then send it to Parliament and arrange publication.

The Director-General, Deputy Directors-General, and other authorised officers may exercise police powers and have police immunities under the listed laws and any other law related to a Police officer.

An authorised officer may use firearms when carrying out duties under this Act or another enactment.

An authorised officer may inspect, detain, search, and require transport documents at entry and exit points, if there is reasonable cause.

The Commission monitors businesses dealing in precursors or controlled equipment, and those businesses must get the required licence and permit. Officers may inspect related premises and documents, and suspected unlawful substances can be seized; noncompliance can lead to criminal penalties.

Officers appointed to a Commission post must take an oath of secrecy and must not disclose classified information or mishandle official documents.

A person must not import, export, or re-export a narcotic drug without a licence from the Minister responsible for Health.

A person may commit an offence by possessing or controlling a narcotic drug without lawful authority, if it is for use or trafficking.

A person must not do specified narcotics-related activities without lawful authority, including production, trade, possession of related materials, certain chemical imports/exports, or use of substances for processing synthetic drugs.

A person must not, without lawful authority, own, cultivate, grow, or harvest certain narcotic-related plants.

You need a licence from the Minister to import, export, or re-export a narcotic plant; otherwise it is an offence.

A person who unlawfully possesses or controls a narcotic plant for use or trafficking commits an offence.

Section 42 makes it an offence to deal with narcotic plants or related items without lawful authority, and also bans certain imports/exports and use of plants for synthetic or semi-synthetic drugs.

The Minister may grant a licence for limited cannabis cultivation, if the Commission recommends it.

A person must not administer a narcotic drug to another person without lawful authority.

A person commits an offence if they buy a narcotic drug or plant without lawful authority, including for personal use, and conviction can lead to a fine, imprisonment, or both.

A court may give a lesser sentence than the usual minimum for an offence under section 44 if there are special mitigating circumstances.

A courier charged with possession of a narcotic drug or plant for trafficking may plead guilty during trial and may get at least half the sentence reduced if they fully cooperate and the principal is later arrested and charged.

Using property, directly or indirectly, to deal in narcotic drugs or to support an offence under the Act is an offence.

A person must not interfere with an arrest or seizure linked to a narcotic offence, and doing so is an offence punishable on summary conviction.

If a person is found guilty of a narcotic offence and has more than one previous conviction for specified drug-related offences, the Court must sentence that person to life imprisonment.

An authorised officer who is charged with an offence under this Act and convicted summarily can receive a prison term that is double the normal penalty for that offence.

District Courts, Circuit Courts, and the High Court have original jurisdiction to try offences under this Act, subject to section 48 of the Courts Act, 1993.

A person must not possess or own property, or proceeds from property, that come from narcotic offences, except as allowed by the Act.

An authorised officer may enter, search, seize, detain, and arrest in certain cases involving suspected forfeitable property or related documents, and must bring an arrested person before a court as soon as possible.

An authorised officer may search a person suspected of carrying certain narcotic-related items, detain the person for up to 48 hours without court authorisation for that search, move the person as needed to carry out the search, and the search may include a medical examination by a medical officer.

A person must not obstruct, delay, or interfere with an authorised officer’s inspection, search, entry, or seizure activities under sections 54 and 55.

An authorised officer may seek a court order to inspect or copy certain financial accounts and safe deposit boxes for an investigation or proceeding under the Act; a person who refuses to comply commits an offence, while a person who provides information or documents is protected from prosecution and civil claims.

An authorised officer may release seized property before forfeiture if the Director-General consents; a vehicle controller must pay up to 1,250 penalty units before release, and unpaid penalties trigger a court application for confiscation.

The Commission must prosecute all narcotic-related offences in Court, subject to article 88 of the Constitution and section 56 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).

An authorised officer must notify a person charged with an offence to file a written declaration of income and property, and the person must submit two signed copies to the Auditor-General within 14 days.

If a declaration of income or property appears inaccurate, the Director-General may apply to court and provide supporting evidence; the Court must decide the issue and may order the income or property included within 7 days, and can order confiscation if exclusion was intentional.

The Commission may ask the Court for a confiscation order over tainted income or property. A person claiming an interest in the property must apply to the Court within 30 days, and an application for a declaration of interest in confiscated property must be made within 3 months after the confiscation order.

Authorised officers may seize certain movable property suspected to be connected to an offence, with a limited exception for regular passenger or freight aircraft, vessels, and vehicles.

This section lets the Director-General order seizure of immovable property suspected to be connected to an offence or tainted property during an investigation.

Transactions, contracts, or other dealings in seized property are void while the seizure remains in force.

If a pecuniary or confiscation order is not discharged or appealed, the Court may require the Commission or others to manage, deliver, or pay over realisable property, and may transfer or end property interests once payment is made.

If the Court orders sale of confiscated property, it must direct how the proceeds are split between the Court, the Commission, and the Consolidated Fund.

The Insolvency Act, 2006 does not apply to property subject to this Act.

When a company is being wound up, the liquidator and the court are restricted from acting against certain realisable property, subject to stated exceptions.

A person must not deal with property or proceeds connected to a narcotic offence if the person intends to conceal or convert them and knows they were obtained from a narcotic offence or a similar act done outside the country.

A court may authorise the Director-General to intercept certain postal or telecommunication communications when they are likely to contain relevant information for an investigation or other purpose under the Act.

An authorised officer must seize currency in specified suspicious circumstances, record details, send records and the currency to the Director-General, and give a copy to the person seized from. The Court may forfeit the currency after 30 days if no release claim is made, and may order release if seizure is no longer justified.

The Director-General may direct freezing of property in writing when needed for an investigation or trial, and must apply to the Court for confirmation within 10 days after the freezing.

An application to confirm a freezing order must normally be on notice to the respondent and must be supported by an affidavit.

The Court must issue a freezing order if the stated conditions are met, and the order can restrict dealing with property, require transfer of control, and lapse after 12 months in a third-party protection case if the person is not charged.

Contracts, transactions, or other arrangements involving tainted property made after a freezing order are void. A person who contravenes a freezing order commits an offence and may face the fine or imprisonment set out in the Second Schedule.

A freezing order lasts until it is discharged, revoked, varied, replaced by a confiscation or pecuniary penalty order, or until 12 months after it is made unless the Court sets a later date.

A person claiming an interest in property covered by a freezing order must apply to the Court for review within 14 days, after giving notice to the Director-General.

The Director-General must apply to the Court for an extension of a freezing order when necessary, and the Court must extend it for a specified period if the stated confiscation or pecuniary-penalty conditions are met.

If a person is convicted of an offence under this Act, the Director-General may apply to the Court for a confiscation order over property deemed tainted.

Applications by the Director-General for a confiscation order or pecuniary penalty order must be on notice to the respondent and supported by an affidavit.

When deciding on confiscation or pecuniary penalty orders, the Court must presume declared property or income was acquired through an offence, and the convicted person must prove it was lawfully acquired.

When the Director-General seeks a confiscation order or a pecuniary penalty order, the Court and the Director-General must give notice, and the respondent must attend the hearing and respond.

If a conviction is quashed, any confiscation or pecuniary penalty order stays in force. A person with a prior interest in the property or income may apply to the Court to transfer that interest, and the Court may order transfer or payment of its value.

This section says certain people can be proceeded against under the Act, including people convicted of relevant offences, people dealing with tainted property, some later holders of property, and, if the person is deceased, certain representatives or beneficiaries.

When the Director-General starts forfeiture proceedings, the Court must issue a notice to the liable person to attend and explain why the property should not be forfeited.

The Director-General may apply to a court for forfeiture of property if there is reason to believe a person is liable and the property is tainted.

The Court must continue the forfeiture proceedings if the person does not appear in the specified circumstances, and it must order forfeiture when the property is found to be tainted and the stated conditions are met.

This section lets the Court substitute other property or payment when forfeited property cannot be found, is abroad, has been mixed with other property, transferred to a good-faith purchaser, or has lost value.

After a notice of forfeiture is issued, any related act, transaction, or business involving the affected property is void.

If seized property is not claimed in writing within six months, it is forfeited. The Director-General must notify the owner, may release the property if ownership is undisputed and forfeiture is not applicable, or must send the claim to court where there is a dispute or doubt.

If a person dies, proceedings under this Act do not stop and may continue to determination. In some forfeiture cases, the Director-General must apply to court for substitution, and the court must order accordingly after hearing the affected person.

Foreign law enforcement under this Act must be exercised without prejudice to the laws of Ghana.

The Commission must render assistance for narcotics-related matters when a foreign country asks the Government or an international agency asks the Commission.

The Commission must obtain or ascertain information about a person, body, or place, subject to lawfulness and availability conditions.

The Commission must serve foreign court or international agency process/documents on a person or body in Ghana.

The Commission may send copies of investigation records to a foreign government or international agency.

The Commission may require certain people to attend for examination, and examined persons must disclose information, answer truthfully, and produce relevant items.

A court may order a person to appear and be examined on oath or affirmation in a narcotics-related matter, and the person must comply; a person under examination may be represented by counsel.

The Commission may send seized movable property or articles to a foreign government or international agency, but generally must return them to the person seized from or deal with them as ordered after proceedings end. No compensation claim is allowed for seizure, disposal, or release of the property.

If a body corporate, partnership, or firm commits an offence under the Act, each principal officer is deemed to have committed it unless they prove lack of knowledge or connivance and that they took all due care and diligence to prevent it.

The Court must treat certain property as belonging to a person for narcotics-offence benefit assessment if the Court finds the property is under that person’s effective control.

A notice, order, decision, or judgment under this Act is not invalid just because the description of the property or person contains an error or omission, if the property or person can still be identified from the description.

A report or document written by an expert or analyst may be admissible in proceedings under this Act unless the contrary is proven.

The Commission must apply to the Court for an order requiring a document to be delivered to the Director-General when an authorised officer suspects the document is needed to identify, locate, or quantify property or to identify or locate a record for a property transfer.