Narcotic Drugs and Psychotropic Substances (Control) Act, 2024

The Act comes into force on a date appointed by the Minister responsible for internal affairs by statutory instrument.

This section provides definitions of terms used in the Act.

This Act applies to conduct inside or outside Uganda involving narcotic drugs or psychotropic substances and extends to persons and vessels/aircraft connected to Uganda.

Medical practitioners, pharmacists, dentists or any person must not knowingly supply or administer a narcotic drug or psychotropic substance to a child when it is not required for the child's treatment; doing so is an offence punishable by a fine not exceeding fifty thousand currency points or life imprisonment, or both.

Minister may licence cultivation or gathering of prohibited plants; persons must not cultivate or gather prohibited plants without such a licence; Minister must issue regulations for licence grant procedures and conditions.

Police officers (at least Inspector) or authorised persons may enter and inspect land or premises where they reasonably believe prohibited plants are being cultivated; such officers may arrest suspects and confiscate plants; obstructing them is an offence punishable by a fine not exceeding fifty thousand currency points or imprisonment not exceeding two years, or both.

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

The National Drug Authority issues licences for certain narcotic drugs and psychotropic substances, prescribes packaging and recordkeeping, maintains a register of authorised persons, and regulates clinical trial guidelines; licensees must keep prescribed records for seven years.

Persons seeking a licence, renewal or other authority under the National Drug Policy and Authority Act must not fail to provide required information or produce records, and must not provide or produce materially false information or documents.

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

Owners of land or other persons with an interest must report to a police authority if they know or have reason to believe prohibited plants are being cultivated or land is prepared for cultivation.

Police officers and persons authorized by the Inspector General of Police must not, without reasonable grounds or cause, enter or search premises, seize property or detain/search/arrest persons on pretexts related to narcotic drugs or psychotropic substances.

A police officer or any other person authorised by the Inspector General of Police who has duties under this Act must not refuse to perform those duties (unless they have a lawful excuse), give custody to certain persons charged under the Act, or wilfully aid or connive at contraventions of the Act or its rules.

Possessing narcotic drugs or psychotropic substances is an offence (subject to listed exceptions) and carries fines and/or imprisonment.

Trafficking in narcotic drugs or psychotropic substances (or substances represented as such) is an offence; penalties include substantial fines, life imprisonment, or fixed-term imprisonment depending on whether the substance is an actual controlled drug or only represented as one.

Makes it an offence for owners or managers of premises to permit drug use or related manufacture/sale on their premises; prohibits possession of utensils for using or preparing narcotics; and makes it an offence to handle parcels believed to contain drugs (except in official duties), with specified fines and imprisonment on conviction.

Section Provisions relating to certain prescriptions Section A medical practitioner or dentist shall not— A veterinary surgeon shall not— A person authorised under subsection (5) shall not— prescribe for, administer, sell or supply to, any

If a medical practitioner, dentist, pharmacist, veterinary surgeon, clinical officer or nurse with a certificate in specialist palliative care or any person authorised by the Minister responsible for health is convicted of an offence under this Act, their name shall be liable to be removed from the register of practitioners licensed or registered to practice in Uganda.

People supplied with or receiving a prescription for a narcotic drug or psychotropic substance must tell the treating medical practitioner, pharmacist, dentist or veterinary surgeon about any earlier such prescription before being given another; failing to disclose is an offence punishable by a fine not exceeding twenty thousand currency points or imprisonment for up to ten years, or both.

If any person is found in possession of a narcotic drug or psychotropic substance without legal authority, or in excess of the authorised quantity or different quality, or the drug is found in a place other than where it is authorised to be kept, or a contravention of the Act is committed relating to such a substance, the provision addresses forfeiture of that narcotic drug or psychotropic substance.

A court that convicts someone may order forfeiture to the State of conveyances or articles used in the offence; owners may apply to court for restoration where they were not involved.

Defines terms used in this Part, including "court", "defendant", "respondent", "restraint order", "revenue", and "specified offence", and states that "accused person" includes a defendant for offences under this Act.

The Attorney General may apply to court for a restraint order over property believed to be proceeds of crime and such an application must be accompanied by an affidavit sworn on the Attorney General's information and belief.

While an application under section 23 is pending, any transfer of the specified property or interest is void; the court may extend this effect during an appeal if the Attorney General files a notice of appeal.

The court may make an interlocutory order before serving notice to the respondent to meet the ends of justice or to prevent the respondent defeating the purpose of this Part.

If the court is satisfied under section 23(2), it may make a restraint order preventing the respondent (or persons acting for them) from disposing of property; and if such an order is made, a bank must not pay out money from the respondent's accounts.

A restraint order must be served on the respondent like an injunction and must be published in at least one widely circulated Ugandan newspaper and in the Gazette; if the property is outside Uganda when the order is made, it must also be published in at least one widely circulated newspaper in that country.

Where a restraint order is made in respect of property the Attorney General must be a party to enforcement proceedings; the court may still enforce registered or bona fide mortgages, charges or transactions if satisfied of listed conditions, and dealings during the restraint are void.

A restraint order stays in force until the court revokes it or until the relevant property is forfeited to the State.

A person served with a restraint order who contravenes it while it is in force commits an offence and may be imprisoned for up to five years.

A person with title or an interest in property subject to a restraint order may apply to the court within thirty days to exclude that property from the restraint order; the court may allow late applications for sufficient reasons and must not exclude property if 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 under section 23 when the subject is charged with specified offences and on application by the Attorney General or the respondent, until the criminal charges are finally decided.

If the person subject to a restraint order dies before the related criminal proceedings are decided, the deceased person's legal representative may apply to the court within sixty days after the death for revocation or variation of the restraint order; the court, after considering the Attorney General's evidence and that application, may (if satisfied the person committed the specified offence) make orders under section 39 (and applying sections 35, 36, 37 and 39(3) and (4) with modifications) or otherwise revoke the restraint order.

The court may vary a restraint order on application by the restrained person or any other person to meet the ends of justice.

The restraint order does not affect the rights of persons with a mortgage or charge on property liable to forfeiture if the mortgage/charge was created before the offence, in good faith and for valuable consideration and the mortgagee/chargee was not involved in the offence; it also does not affect a local authority's right to recover arrears of revenue by sale of the property.

Court may release part of a person’s property from forfeiture and place it at the disposal of the Official Receiver on application and satisfaction that the applicant was not concerned in the offence; a creditor owed unsecured money may apply within thirty days after publication for part of the property to be made liable to forfeiture for payment.

A person in respect of whom a notice under section 38(2) is published may apply to the court within thirty days for release from forfeiture of property if acquired by specified means; if the court is satisfied, it shall exclude the property from forfeiture.

When a person is convicted of a specified offence by a court other than the High Court, that court must promptly report particulars of the conviction to the High Court; the High Court must publish notice of certain forfeiture-related matters and may examine persons and receive evidence when adjudicating forfeiture-related applications.

The court must, at the conclusion of proceedings under section 38, make an order determining whether the person committed a specified offence and specify which property (including mortgages, property placed with the Official Receiver, excluded property, forfeited property and liability to local government arrears) is affected.

When a forfeiture order under section 39 is made, mortgages or charges (other than those in favour of the Government or a local government or those mentioned in the order) cannot be enforced by courts; property forfeited vests in the Government (subject to certain mortgages/arrears); the Registrar of Titles or Commissioner of Lands must annotate the land register on production of a certified copy; a person in possession must hand over possession to an officer specified by order of the Minister responsible for finance on production of a certified copy.

Any person who contravenes section 40(3) commits an offence and is liable on conviction to a fine not less than the value of the property and to imprisonment not exceeding two years, or both.

If a conviction for a specified offence is set aside on appeal and there is forfeited property, the court must order restoration of the forfeited property.

The Government may enter into arrangements with another country's government to recover and hand over property, or to trace and preserve property abroad.

The Government of Uganda may enter into reciprocal arrangements with other countries to recover, hand over, trace or preserve property in Uganda; the Minister responsible for internal affairs may give effect to such arrangements by statutory order; Parliament may pass a resolution nullifying such an order within twenty-one sitting days, in which case the order becomes void.

Proceedings under this Part are treated as civil proceedings; court practice and procedure on matters in this Part are governed by rules made by the Chief Justice under section 83.

It is an offence for any person who knows or reasonably suspects that property represents another’s proceeds of trafficking to conceal, disguise, convert, transfer, remove from Uganda or acquire that property; on conviction the offender may be imprisoned for up to twenty years.

This Part supplements and does not derogate from Parts II and III concerning conveyance or forfeiture of narcotic drugs, psychotropic substances, or other articles or things.

Defines “centre” as a treatment and rehabilitation centre established under section 49.

The Minister responsible for health may establish, designate, or approve treatment and rehabilitation centres and may authorise private persons to establish such centres; prospective private centre operators must apply to the Uganda Mental Health Advisory Board for accreditation and, once accredited, must apply to the Minister for authorisation.

The Uganda Mental Health Advisory Board must advise the Minister responsible for health on matters referred to it by the Minister concerning administration of centres and care, treatment and rehabilitation of persons with substance use disorder.

Certain persons may refer someone with substance use disorder to a health unit or centre for treatment; adults (18+) with substance use disorder may voluntarily submit for treatment in line with the Mental Health Act.

Section Treatment, care and rehabilitation of convicted person with substance use disorder Section A court which convicts any person for an offence under this Act may, if it is satisfied that the person has a substance use disorder , order

If the officer in charge suspects a prisoner or child in a remand home has a substance use disorder, the officer must arrange a mental health examination; if the disorder requires treatment only available in a centre the officer must apply to court to transfer the person; if it can be treated in the prison/remand home the officer must ensure treatment; and any person who assesses or treats must act in accordance with Part VI of the Mental Health Act.

The Attorney General may request an appropriate authority of another country to arrange for various forms of assistance for investigations or proceedings under this Act.

Evidence, documents or articles obtained from another country in response to a request under section 54 are admissible in Uganda, must not be used for other purposes without the other country's appropriate authority's consent, and must be returned when no longer required unless that authority indicates otherwise.

A person in Uganda who is present following a request under subsection (1) of section 54 must not be detained, prosecuted, punished, or required to give evidence or documents for acts or proceedings that occurred before departure to the requesting country, except as set out in the request.

When another country requests assistance to obtain evidence for investigations or proceedings, the Attorney General may nominate a Ugandan court to receive that evidence; the nominated court has the same powers as in other proceedings and must certify or verify evidence and furnish it to the Attorney General for transmission to the requesting country.

When another country requests assistance to obtain and execute a search and seizure warrant for a corresponding-law investigation or proceedings, the Attorney General may apply to a Ugandan court for the requested warrant, provided there are grounds and a relevant proceeding has commenced in the requesting country.

If a foreign court issues a restraint, forfeiture or pecuniary penalty order and requests assistance to enforce it in Uganda, the Attorney General may apply to the High Court to register the order; when the Attorney General applies, the High Court must register it; a registered order may be enforced as if made under section 26 or 39.

Defines “Committee” as the National Coordination Committee for Narcotic Drugs and Psychotropic Substances Control.

The Government must take measures, as it deems necessary or expedient and subject to the Act, to prevent and combat narcotic drugs and psychotropic substances abuse and illicit trafficking.

Establishes the National Coordination Committee for Narcotic Drugs and Psychotropic Substances Control and sets its membership.

The Committee must perform a list of functions to coordinate national policy and actions on narcotic drugs and psychotropic substances, including policy definition, national planning, international convention implementation, prevention, data collection, treatment, research, training, cooperation and NGO coordination.

The Chairperson and members of the Committee are entitled to be paid remuneration specified by the Minister responsible for health in consultation with the Ministers responsible for finance and internal affairs in their instruments of appointment.

The Minister responsible for health must annually publish and lay before Parliament a report on supply and demand of narcotic drugs and psychotropic substances in Uganda and proposals to promote anti-narcotic activities.

If a body corporate commits an offence with the consent, connivance or neglect of certain officers, those officers shall be treated as having committed the offence and the body corporate may be proceeded against and punished; the court may order de-registration of the body corporate.

The Minister responsible for internal affairs may designate qualified analysts by Gazette notice; certificates signed by such designated analysts are admissible and prima facie evidence in proceedings under the Act.

In proceedings under this Act the prosecution need not disprove licences, authorities or other exceptions by evidence, and the person asserting such exceptions must prove them.

Police officers at the rank of Inspector or authorised persons may question individuals, request production of documents within a reasonable time not exceeding seven days, and be allowed access to relevant documents; failure to answer or comply is an offence punishable by a fine up to forty eight currency points or imprisonment up to two years or both.

Defines terms used with respect to section 69, including “items subject to legal privilege”, “excluded material”, “personal records”, “journalistic material” and “document”.

Inspectors and specified authorised persons have power to enter premises, demand production of and inspect books/documents and inspect stocks of narcotic drugs or psychotropic substances for the purposes of the Act.

Police officers or persons authorised in writing by the Inspector General of Police may stop and search persons and conveyances, seize and detain suspected narcotics and related evidence, arrest and detain suspects subject to Article 23 until brought before a magistrate; may also stop, enter and search vehicles and break entry where reasonable, and may use reasonable assistance and force to carry out these functions.

Police officers authorised by a warrant may enter and search premises and seize evidence; an Inspector may do so without a warrant if written reasons show delay would defeat the purpose.

A police officer who reasonably believes a conveyance contains drugs, controlled chemicals, equipment or other items connected to an offence may, with the Attorney General's consent and to permit further investigation, allow the conveyance or items to enter or leave Uganda, permit delivery or collection, place a tracing device on the conveyance, and allow persons in possession to enter or leave Uganda.

A police officer may monitor and record by any means the conduct, movements and communications (including telecommunication transmissions) of a person where the officer has reasonable grounds to suspect an offence under Part II or Part III is about to be committed.

A police officer who reasonably suspects an unlawful consignment of narcotics or psychotropic substances via postal or courier services must inspect and, if a package is suspected, open, seize and detain it for investigation.

Police officers and persons authorised in writing by the Inspector General of Police may seize and detain articles and conveyances liable to forfeiture, including narcotic drugs and psychotropic substances.

When items liable to forfeiture are seized, the person who seizes them must give notice to the owner or person in charge as soon as possible; a claimant may notify the Inspector General of Police within thirty days, no claims will be entertained after ninety days, and unclaimed seized items may be disposed of by the Minister responsible for internal affairs.

When 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, or is about to commit an offence under this Act.

A person who attempts, conspires, solicits, incites, aids, abets, counsels, causes or procures an offence, or is knowingly concerned in its commission under this Act, is covered by this provision.

The Minister responsible for internal affairs and the Minister responsible for health may make regulations on matters listed; regulations may authorize licensed pharmacies to retail poisons; the Ministers may prescribe penalties for contraventions.

The Chief Justice has the power to make rules setting practice and procedure for the High Court and other courts for forfeiture, condemnation and restraint order proceedings and related matters.

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

Two Ministers may amend specified Schedules by statutory instrument subject to specified approvals.

Sections 47, 48 and 49 of the National Drug Policy and Authority Act are repealed.