Narcotic Drugs and Psychotropic Substances (Control) Act

The Act comes into force on a date appointed by the Minister by statutory instrument.

This section provides definitions and interpretations for terms used in the Act, listing numerous defined terms (for example: “accused person”, “addict”, “bank”, “cannabis”, “commissioner”, “conveyance”, “cultivate”, “currency point”, “child”, “coca bush”, “commissioner”, “export”, “illicit trafficking”, “international convention”, “manufacture”, “medical practitioner”, “Minister”, “narcotic drug”, “opium”, “opium poppy”, “poppy straw”, “premises”, “preparation”, “proceeds”, “produce”, “prohibited plant”, “property”, “psychotropic substance”, “registered pharmacist”, “respondent”, “restraint order”, “revenue”, “specified offence”, and “trafficking”) and explains scope and exceptions for some terms.

Parts II and III of the Act apply to conduct engaged in outside Uganda by specified persons and to conduct on board Ugandan ships, aircraft or by Ugandan persons or bodies corporate, extending the Act to the entire territory including free zones.

It is an offence for any person (including a medical practitioner or dentist) to supply or administer a narcotic drug, psychotropic substance or other intoxicating inhalant to anyone under 18 without reasonable ground to believe the child is not acquiring it for abuse.

No person shall cultivate prohibited plants that can yield narcotic drugs or psychotropic substances, or permit premises to be used for such cultivation, unless they have the Minister responsible for health's written consent.

Police officers of Inspector rank or above must enter and inspect land when they have reasonable grounds to suspect prohibited plants are or were cultivated or are present; obstructing such officers is an offence punishable by fines up to forty eight currency points or up to two years' imprisonment, or both.

When a court convicts someone of an offence under this Act, it shall order the Inspector General of Police or an authorised police officer to destroy prohibited plants on the land related to the offence, and the Inspector General or police officer must cause the plants to be destroyed.

The National Drug Authority may issue licences for specified narcotic drugs or psychotropic substances, prescribe packing and record-keeping for export/import/distribution, and determine which drugs may be supplied and prescribed for medical, dental and veterinary purposes.

Persons seeking a grant or renewal of a licence under the National Drug Policy and Authority Act must not refuse to provide required information or produce documents containing materially false statements, and must not give information they know to be false.

Police officers and other persons exercising powers under the Act shall not be compelled to reveal the source of information about an offence under the Act.

Persons with an interest in land who know a prohibited plant is being cultivated or the land is prepared for cultivation must promptly inform the police officer of the nearest police unit or nearest to their ordinary residence or business.

Police officers or persons authorized by the Inspector General of Police must not, without reasonable grounds of suspicion, enter or search buildings or places, vexatiously seize property or detain/search/arrest persons.

A police officer on whom duties under the Act are imposed may commit an offence by refusing to perform duties (unless lawfully excused), giving custody to a drug trafficker or charged person, or willfully aiding, abetting or conniving in contraventions of the Act or its rules.

Possession or handling of narcotic drugs or psychotropic substances by any person is an offence, subject to specified exemptions, with prescribed fines and terms of imprisonment.

Anyone who traffics in a narcotic drug or psychotropic substance commits an offence and is liable to a minimum fine (500 currency points or three times market value, whichever is greater) and life imprisonment.

Prohibits persons who are owners, occupiers or concerned in management of premises from permitting use of those premises for drug use, manufacture or distribution; prohibits possession of utensils for illicit drug use; and prohibits recruiting or promoting drug use.

Medical practitioners and dentists must not prescribe, administer, sell or supply narcotic drugs or psychotropic substances to any person; veterinary surgeons must not do the same for animals; contravention is an offence punishable by a fine of not less than forty eight currency points and not exceeding one hundred and twenty currency points or imprisonment of not less than two years and not exceeding five years, or both.

If a medical practitioner, dentist or veterinary surgeon is convicted of an offence under this Act, they may have their name removed from the register of practitioners licensed or registered to practice in Uganda.

It is an offence for a person (including a patient or an owner/caretaker of an animal treated by a veterinary surgeon) who has been supplied a narcotic drug or psychotropic substance and does not disclose that fact, to receive an additional such drug or a prescription from another practitioner.

Possession of a narcotic drug or psychotropic substance without legal authority, in excess of authorised quantity or of a different authorised quality, in an unauthorised place, or in connection with a contravention of the Act is covered by this forfeiture provision.

Certain items (chemicals, machinery, equipment, implements, pipes, utensils, other articles, and conveyances used in offences under this Act, or used for carrying narcotic drugs or psychotropic substances) shall be forfeited to the State.

The Attorney General may apply ex parte to the court for a restraint order, with an affidavit stating the offence alleged, grounds for belief, and a description of the property.

If an application under section 22 is dismissed and the Attorney General notifies an intention to appeal, the court may order that the rule making transfers void continues to apply to the property until the appeal is final.

The court may direct a respondent to submit, within a specified time, a statement of his or her assets and liabilities; the respondent must submit when so directed.

A copy of the application for a restraint order must be served on the respondent; the respondent must be given a reasonable opportunity to be heard before a final order; the court may make interlocutory orders and may attach movable property pending decisions.

If the court makes a restraint order after an application under section 22 and is satisfied, it may prohibit dealing with specified property, direct the Official Receiver to take custody and manage it, require anyone possessing the property to hand it over, allow the Official Receiver to recover it if refused, and prohibit banks from paying out funds from the respondent's accounts.

A restraint order under section 26 must be served on the respondent like an injunction and published in a Uganda newspaper and the Gazette; if related property is located outside Uganda on the date of the order it must also be published in a newspaper of wide circulation in that country.

Transfers of property subject to a restraint order are void; courts may enforce mortgages or charges if satisfied of specified conditions; the Attorney‑General must be a party to enforcement actions.

A restraint order remains in force until it is revoked by the court or until the property in respect of which it was made is forfeited to the State.

A person served with a restraint order who contravenes it while it is in force commits an offence and on conviction faces at least five years' imprisonment or a fine of at least 120 currency points, or both.

When the court directs the Official Receiver to take custody and control of property under a restraint order, the court may give management instructions, make decisions, or direct furnishing of information; the Official Receiver is not personally liable for loss or damage (with a specified exception for certain taxes and charges) and is entitled to receive fees.

Persons with title or an interest in restrained property may apply to court within thirty days to have the property excluded; the court may exclude property if satisfied of title, may entertain late applications for sufficient reasons, and must not make such an exclusion where there are reasonable grounds to believe the applicant was concerned in the specified offence.

The court may stay the hearing of an application for a restraint order where an application under section 22 alleges a specified offence, on the application of the Attorney General or the respondent, until a final decision is made on the complaint or information.

If a person against whom a restraint order was made dies before final determination, the deceased person's legal representative may apply to the court within ninety days after the death for revocation or variation; the court may, after considering the Attorney-General's evidence and the application, either make orders under specified sections if satisfied the offence was committed, or otherwise revoke the restraint order.

The court may vary a restraint order on application by the restrained person or any other person, in whatever manner the court considers necessary to meet the ends of justice.

When a person is convicted of a specified drug trafficking offence, proceeds from the trafficking and monies found on the person are forfeited to the State; the Minister may allocate part of forfeited proceeds to the police and the finance Minister may establish a special fund.

Section 36 does not affect the rights of persons who hold mortgages or charges on property liable to forfeiture (provided the mortgage/charge was created before the offence, in good faith and for valuable consideration, and the mortgagee/chargee is not involved in the offence), nor does it affect a local authority's right to recover arrears of revenue by selling the property.

The court may, on application and if satisfied the applicant was not involved in the offence, release part of a person's property and place it at the disposal of the Official Receiver; a creditor owed unsecured money immediately before the offence may apply within thirty days after publication of the notice for part of that person's property to be made liable to forfeiture to pay the debt.

A person named in a published notice may apply to court within thirty days to have property released from forfeiture if they acquired it by succession, certain gifts, or lawful earnings; if satisfied the court must exclude such property from forfeiture, subject to conditions.

Courts must report certain convictions to the High Court and publish notices; the Attorney General may apply to recover forfeiture.

The court must, at the end of proceedings under section 40, make an order determining if the person committed a specified offence and must specify which property is affected; the Registrar of Titles must annotate the land register for immovable property forfeited to the State.

A forfeiture order vests the forfeited property in the Government (subject to certain mortgages/arrears), prevents most third‑party mortgages/charges from being enforced against that property, requires possession to be handed to a minister‑specified officer on production of a certified copy, and requires the Registrar of Titles to annotate the land register on production of a certified copy.

Any person who contravenes section 42(3) commits an offence and on conviction is liable to a fine at least equal to the value of the property they refused or failed to hand over and to imprisonment not exceeding two years.

If a conviction for a specified offence is set aside on appeal, the court must order restoration of the forfeited property; the court may, after giving notice to and hearing the Attorney-General and the applicant and considering necessary evidence, make any order it considers proper and just.

The Government may enter into arrangements with other countries to recover and hand over forfeited property and to trace and preserve property located in other countries.

The Government of Uganda may enter reciprocal arrangements with other countries to recover or trace property in Uganda; the Minister may make an order to implement such arrangements.

Proceedings under this Part are to be treated as civil proceedings; rules governing court practice and procedure for matters in this Part are to be made by the Chief Justice under section 90.

It is an offence for a person who knows or has reasonable grounds to suspect that property represents proceeds of drug trafficking to conceal, disguise, convert, transfer, remove from Uganda, or acquire that property; penalty on conviction: imprisonment of not less than five years but not exceeding fourteen years.

A person must not hold property acquired in contravention of this Act, whether personally or through another person.

This Part supplements and does not override Parts II and III regarding conveyance or forfeiture of narcotic drugs, psychotropic substances, or any other article or thing.

Defines key terms for Part V: ‘centre’, ‘Committee’, ‘Fund’ and ‘Minister’.

The Minister may establish rehabilitation centres.

The Minister must establish a special fund called the Rehabilitation Fund; the Fund consists of various sums and properties; where immovable property is assigned the Minister shall deal with it and may sell it and use the proceeds for the Fund's purposes.

The Fund is to be administered by a Board composed of five members, including the Permanent Secretary of the Ministry responsible for health and members appointed by specified Ministers.

The Board must control Fund expenditures, keep proper accounts, and ensure annual financial statements are prepared as required by law.

The Minister must appoint an Advisory Committee for the Rehabilitation of Narcotic Addicts, consisting of a Chairperson and up to seven members, appointed from qualified persons experienced in care, treatment and rehabilitation or administration or finance.

The Committee must advise the Minister on matters referred to it concerning administration of the centres and care, treatment and rehabilitation of drug addicts.

A court that convicts a person for an offence under the Act may order part of the imprisonment to be spent in a specified centre if satisfied the person is addicted and held drugs only for personal consumption; the court may vary or revoke that order on application and may grant remission after a report that treatment and rehabilitation succeeded.

The Attorney-General may request another country’s authority to provide various forms of assistance for investigations or proceedings under this Act.

Documents or articles obtained in response to a request under section 59 shall be admissible in Uganda; shall not be used for purposes other than specified in the request except with the other country’s appropriate authority consent; and shall be returned when no longer required except where that country’s appropriate authority indicates otherwise.

A person present in Uganda following a request under section 59(1) must not be detained, prosecuted, punished, or made to give evidence or face civil suits for acts alleged to have occurred before their departure from the requesting country, except as limited by the requesting country's concession of privileges or immunities.

When another country requests assistance to obtain evidence for proceedings, the Attorney-General may nominate a Ugandan court to receive that evidence; the nominated court can secure witnesses, administer oaths and receive evidence, must certify or verify it as the Attorney-General may specify, and must furnish it to the Attorney-General for transmission.

The Attorney-General may apply to court for a search and seizure warrant in response to another country's request when certain conditions about an ongoing drug investigation and presence of relevant items in Uganda are met.

If another country issues certain orders and asks Uganda to enforce them, the Attorney-General may apply to the High Court to register the order, and the High Court must register it.

Defines 'Committee' as the National Co-ordination Committee for Drug Control and 'Fund' as the National Fund for Drug Control.

Subject to this Act, the Government shall take such measures as it deems necessary or expedient to prevent and combat abuse of narcotic drugs and psychotropic substances and illicit trafficking; such measures may include coordination, international assistance, treatment and rehabilitation, and other matters the Government deems necessary.

Establishes a National Co-ordination Committee for Drug Control in the Ministry of Internal Affairs whose members are nominated by the Permanent Secretary of the Ministry responsible for internal affairs; the Permanent Secretary shall be Chairperson; the Committee may co-opt additional members.

The Committee is required to define and coordinate national drug-control policy, implement conventions and laws, run prevention, data, treatment, research and training programmes, promote cooperation and annually publish a report.

The Minister must lay before Parliament the report published under section 68 (4).

The Committee must have a Secretariat responsible for day-to-day operations, headed by an Executive Secretary who must have drug control and law enforcement experience, take minutes and keep records; the Secretariat must have other officers as the Committee deems necessary, and those officers (including the Executive Secretary) must be public officers.

Establishes the National Fund for Drug Control, lists its sources of money, assigns the Committee responsibility to monitor and administer the Fund, and requires the Committee to apply the Fund to expenditures for combating illicit trafficking and controlling abuse of narcotic drugs and psychotropic substances.

The Committee must administer the Fund's money to meet specific needs of government and other listed entities in executing its decisions for the purposes of this Part.

If an offence by a body corporate is proved to involve the consent, connivance or neglect of a director, manager, secretary or similar officer (or a person acting as such), that person will be treated as having committed the offence; the body corporate may be proceeded against and punished, and the court may order the body corporate to be de-registered.

The Minister may, by notice in the Gazette, designate any duly qualified person as an analyst to implement the Act.

During proceedings for an offence, the prosecution need not prove (by evidence) licences, authorities, or other matters of defence; the person relying on such matters must prove them.

Police officers may question persons, request production of documents (within a reasonable time not exceeding seven days), be allowed access to documents for investigations, and may take copies; failure to answer or comply is an offence punishable by a fine not exceeding forty eight currency points or imprisonment not exceeding two years, or both.

Defines terms for section 76 interaction: 'items subject to legal privilege', 'excluded material', 'journalistic material', 'personal records', what counts as a 'document', and states that items held to further a criminal purpose are not privileged.

Designated officers (police, persons authorised by the Inspector General of Police, the Executive Secretary of the National Drug Authority or persons authorised by that Secretary) have the power to enter premises and inspect books, documents and stocks relating to narcotic drugs or psychotropic substances for the execution of this Act.

Police officers and other persons authorised in writing by the Inspector General of Police may, when they have reasonable cause to suspect possession or use connected to offences under this Act, stop and search persons and conveyances, seize and detain suspected narcotics or other evidence, arrest and detain suspects subject to article 23 of the Constitution, enter and search vehicles or other conveyances (breaking doors if necessary), and use reasonable assistance and force.

A magistrate may be presented with information on oath alleging reasonable grounds to suspect documents or material connected with transactions or offences, and police officers authorised by warrants under subsections (1) or (3) may enter, search, use reasonable force, break locks and seize items; in urgent cases an inspector or above may exercise those powers without a warrant.

A police officer, acting in the ordinary course of duty and having reason to believe a vehicle or person carries drugs, controlled chemicals, equipment or other items linked to an offence under this Act, may — with the consent of the Attorney General and to permit further investigation — allow the conveyance to leave or enter Uganda; allow the items to be delivered or collected; place a tracing device on the conveyance; or allow a person in possession or custody of such items to enter or leave Uganda.

A police officer may monitor and record a person's conduct, movements and communications (including telecommunication transmissions) when the officer reasonably suspects an offence under Part II or Part III is about to be committed.

Police officers must inspect postal and courier services when they reasonably suspect unlawful consignments of narcotic drugs or psychotropic substances, and if a package is suspected, they must open, seize and detain it for further investigation.

Subject to the Act, articles and things liable to forfeiture, including narcotic drugs and conveyances, may be seized and detained by any police officer or any other person authorised in writing by the Inspector General of Police.

The person seizing property liable to forfeiture must notify the owner or person in charge within fourteen days; claimants may notify the Inspector General of Police within thirty days; no claims are entertained after ninety days; unclaimed seized items may be disposed of by the Minister.

If a person is convicted and items liable to forfeiture are seized, the convicting court may order those items condemned and forfeited to the State.

Any police officer may arrest, without a warrant, any person who commits, attempts to commit, is reasonably suspected to have committed or attempted to commit, or is about to commit, an offence under this Act.

Defines culpable conduct: attempting, conspiring, soliciting/inciting/abetting/aiding/counselling, procuring or being knowingly concerned in an offence under this Act.

The Minister (and, where specified, the Minister responsible for health) may make regulations for carrying out the purposes of the Act and for specified matters including disposal/destruction of narcotic drugs and psychotropic substances, forms and procedures for restraint orders, record-keeping, and other matters; regulations must not be taken to authorize unqualified persons to retail poisons; penalties for contraventions may include fines and imprisonment with specified maxima and additional penalties.

The Chief Justice may make rules prescribing the practice and procedure of the High Court and any other court for specified proceedings.

If a fine is to be set by market value in a prosecution, a certificate of market value signed by a 'proper officer' must be accepted by the court as prima facie evidence.

The Minister may, with Cabinet approval, amend the First Schedule; and may add substances or plants to the Second, Third and Fourth Schedules and delete them from any such Schedule in the public interest.

Sections 26, 29, 47, 48, 49 and part of section 60 of the National Drug Policy and Authority Act are repealed.