Narcotic Drugs and Psychotropic Substances Act, 1993

This section gives the Act’s short title and says it starts on a date the Minister appoints by statutory instrument.

This section defines key terms used in the Act.

This text appears to be a heading or table-of-contents fragment about the Drugs Enforcement Commission, its continuation, and Part III on offences and penalties.

This section prohibits trafficking in narcotic drugs or psychotropic substances, including importing, exporting, possessing, and cultivating plants for narcotic or psychotropic purposes.

Use of narcotic drugs and psychotropic substances is prohibited.

This provision is titled “Attempts, abetting, soliciting, etc., contravention of this Act” and indicates it concerns misconduct connected with breaching the Act.

Section 13 concerns unlawful manufacture of narcotic drugs or psychotropic substances.

Section 14 is titled “Inducing another to take narcotic drugs or psychotropic substances.”

This section concerns unlawful possession of instruments or utensils used to administer narcotic drugs or psychotropic substances.

This section concerns allowing premises to be used for unlawful use of narcotic, drug, or psychotropic substances.

Section heading for unlawful supply, etc. of narcotic drugs or psychotropic substances.

This section concerns impersonation of the Commission’s officers.

This provision is titled as a prohibition on unlawful use of property for narcotic drugs or psychotropic substances.

Section 21 concerns possession of property obtained through trafficking.

This provision is titled “Money laundering,” but the provided text does not state any rule.

This section concerns a power to take photographs, measurements, fingerprints, handprints and footprints.

Section 28 is titled “Power to use firearms” and relates to seizure and forfeiture of property.

This section concerns failure or refusal to disclose information or produce items.

This section concerns forfeiture of property when there are no proceedings or claim.

Section 34 is titled “Forfeiture of property on conviction.”

This section concerns forfeiture of property when the owner cannot be traced.

This section is titled “Forfeiture of untraceable property, etc.”

This section concerns proceedings against a deceased person's estate.

The Drug Enforcement Commission is continued under this Act, placed in the Ministry responsible for home affairs, and supervised by the Minister responsible for Home Affairs.

The Commission must carry out information, complaint-handling, prosecution, prevention, education, and public-support functions on narcotic drugs and psychotropic substances.

4. (+) -LYSERG!DE LSD, LSD-25 (+) ( \� ,! ·I ·\ 1

This section lists specific substances, including mescaline, psilocine, psilocybine, tetrahydrocannabinols, and related isomers.

This section lists various named narcotic drugs and psychotropic substances.

This section lists phencyclidine, phenmetrazine, and amobarbital.

This section lists Barbital, Ethchlorvynol, Ethinarnate, and Meprobamate.

This section lists named chemical substances.

This provision lists products of Cannabis sativa, including marijuana, cannabis resin or hashish cake, cannabis oil or hashish oil, and other cannabis products containing THC.

This text appears to be a heading or fragment for “Pentobarbita!” in the Narcotic Drugs and Psychotropic Substances Act.

This section appears to list precursors associated with Pyrovalerone and related scheduled drugs.

Section heading: Disorderly conduct at Drug Enforcement Commission premises.

Section 42 is titled “Assaulting drug enforcement officers and police officers.”

This section repeals Act No. 7 of 1989 and defines several terms used in the Act.

This Act applies despite any other written law, unless the Act itself provides otherwise.

Any person who traffics in a narcotic drug or psychotropic substance commits an offence and may be imprisoned for up to 25 years if convicted.

A person must not import or export listed narcotic drugs or psychotropic substances without lawful authority.

A person must not possess or control any narcotic drug or psychotropic substance without lawful authority.

Any person must not, without lawful authority, cultivate plants that can be used as narcotic or psychotropic drugs or from which they can be extracted.

Any person must not, without lawful authority, take a narcotic drug or psychotropic substance by the listed methods.

Any person who helps, tries, encourages, or otherwise contributes to an offence under the Act commits an offence and, if convicted, faces at least five years in prison.

If two or more people act together to commit an offence under this Act, they commit an offence and can be sentenced to up to five years on conviction.

A person who, without lawful authority, manufactures or processes narcotic drugs or psychotropic substances commits an offence and may be imprisoned for up to 15 years on conviction.

A person must not use force, deceit, or other means to make someone take a narcotic drug or psychotropic substance.

A person who, without lawful authority, possesses instruments or utensils used to administer narcotic drugs or psychotropic substances commits an offence.

A person who controls or occupies premises must not allow those premises to be used for administering narcotic drugs or psychotropic substances.

Any person who unlawfully supplies, procures, or advertises narcotic drugs or psychotropic substances, or who deceives a medical practitioner to obtain them, commits an offence and faces imprisonment or a fine.

Any person who impersonates a drug enforcement officer or police officer commits an offence and may be imprisoned for up to five years on conviction.

A person who directly or indirectly uses or deals in property to carry out an offence under the Act commits an offence and may be imprisoned for up to 10 years.

A person who knowingly or constructively knowingly possesses property that is proceeds of certain crimes commits an offence.

Any person who acts or omits to act with the intention of concealing that property came from a crime under this Act, or from an act that would be a crime if done in Zambia, commits an offence.

Drug trafficking and drug manufacturing offences are treated as cognisable offences, and a person arrested under the Act who is in prison or lawful custody can be ordered in writing to be brought before a drug enforcement or police officer for investigation.

The Commissioner may authorise a drug enforcement officer or police officer, in writing, to search, seize, detain, arrest, and enter premises when specified suspect property or related offences are reasonably believed to be involved.

A dnig enforcement officer or police officer may search a person when there is reason to believe the person has property liable to seizure or forfeiture, or an article needed for an investigation. The search may also include a medical examination by a medical practitioner.

Certain drug enforcement officers or police officers may take measurements, photographs, fingerprints, handprints, and footprints of a person in lawful custody, and must certify the fingerprints taken.

A Judge may authorize a drug enforcement officer or police officer to intercept, detain, and open postal articles or intercept telecommunication messages, if the Judge thinks they are likely to be relevant to certain investigations or proceedings.

Drug enforcement officers and police officers may use a firearm in limited escape, rescue, or arrest situations, but only subject to stated limits.

Any person who willfully refuses or fails to give information or produce accounts, documents, or articles to a drug enforcement officer or police officer during an investigation commits an offence.

Any person who interferes with drug enforcement or police officers, or with property liable to seizure under the Act, commits an offence and may be fined or imprisoned.

Drug enforcement officers or police officers may seize property they reasonably suspect is connected to an offence, was used in that offence, or is illegal property.

Officials may release seized property before forfeiture if it is not liable to forfeiture and not needed for investigation or prosecution.

Seized property is forfeited after six months unless a claim is made or forfeiture proceedings start; the Commissioner may release the property or refer the claim to the High Court.

If a court convicts someone under this Act, it must order forfeiture of the narcotic drug or psychotropic substance and any property used to commit the offence, in addition to any other penalty.

The Director of Public Prosecutions may apply to the High Court for forfeiture of property believed to be illegal property, and may make a fresh application in some cases.

The High Court must notify the person named as holding or owning property, require attendance, and the person must explain why the property should not be forfeited.

The High Court may order forfeiture of similar-value property in listed cases, and an owner who does not provide substitute property within 30 days commits an offence punishable by up to seven years’ imprisonment.

If property is forfeited under this Act, it vests in the State.

If a person dies after notice has been issued under section 36 but before the proceedings end, the proceedings continue against that person’s personal representative.

A person must not behave riotously, indecently, disorderly, or insultingly at Drug Enforcement Commission premises.

Any person must not assault, resist, or wilfully obstruct a drug enforcement officer or police officer carrying out duty under this Act.

If a person is arrested or detained on reasonable suspicion of having committed a cognisable offence under this Act, a court must not grant bail when the person appears before or is brought before the court.

A person convicted of a second or later trafficking offence must be imprisoned for at least 10 years.

If a drug enforcement officer or police officer is convicted under the Act or its regulations, they are liable to double the prescribed penalty.

An offence under this Act is treated as an extraditable offence under the Extradition Act.

This section says the Act applies to offences under this Act, except where it conflicts with the other Act mentioned.

The Minister may make regulations by statutory instrument to carry out the Act and to establish and manage drug rehabilitation centres.

This text repeals the Dangerous Drugs (Forfeiture of Property) Act, 1989, and sets rules for the Commissioner of the Commission, including appointment by the President, a ban on holding other paid offices, and resignation/termination terms.

A Deputy Commissioner must be appointed by the President, and the office is a public office.

If the Commissioner’s office is vacant or the Commissioner is unavailable, the Deputy Commissioner must act as Commissioner. If both are unavailable, the President may appoint a senior Commission officer, or in the public interest any non-officer, to act as Commissioner or Deputy Commissioner.

The Commissioner may appoint officers. Appointed officers are public officers, and they have police-officer powers unless declared support staff. Civil Service conditions of service apply to the Commission.

The Commissioner must issue an identity card to an officer, and an officer must produce that card when needed to perform the officer’s functions.

The Commissioner may make Staff Rules for the Commission, but must follow the President’s general directions.

The Commission’s funds come from appropriations, grants or donations, and money that accrues to it. It may accept donations, borrow money, charge fees, and invest unused funds.

The Commission’s financial year is 12 months long and ends on 31 December each year.

The Commission must keep proper accounting records, have its accounts audited annually by independent auditors it appoints, and pay the auditors’ fees.

The Commission must report on its activities to the Minister within six months after the financial year ends, and the Minister must lay the report before the National Assembly within seven days after its next sitting.