Controlled Substances Act, 2023

3. (1) The Act shall be administered by the Authority. (2) The seal of the Authority kept in terms of the Medicines and Allied Substances Act, 2013, shall be used for the purposes of this Act and the impression made for that purpose shall be judicially noticed.

4. (1) The Authority shall, in addition to the functions under the Medicines and Allied Substances Act, 2013, perform the functions conferred on the Authority under this Act. (2) The functions of the Authority are to — (a) monitor, supervise and control special stocks and stocks, in collaboration with the Drug Enforcement Commission and other appropriate authorities, to ensure compliance with this Act and any other written law; (b) regulate and control the manufacture, importation, exportation, distribution and sale of a controlled substance; (c) issue a licence to deal in, import, export, store, manufacture and use, a controlled substance; (d) collaborate with national, regional and international organisations on matters relating to controlled substances; (e) co-ordinate the assessment on a psychoactive substance with an appropriate authority and recommend to the Minister possible control measures under international agreements; and (f)advise the Minister on a matter relating to a controlled substance. PART III LICENSING FOR CONTROLLED SUBSTANCES Non- application of Part III

5. (1) This part shall not apply to a controlled substance that is listed under the Sixth Schedule. Controlled Substances [No. 2 of 2023 13 Act No. 12 of 2011 Prohibition of manufacturing, importing, exporting, dealing in or advertising of controlled substance Application for licence (2) A person who intends to manufacture, import,export, deal in or advertise a controlled substance set out under the Sixth Schedule shall apply for a licence to manufacture, import, export, deal in or advertise the controlled substance in accordance with the Environmental Management Act, 2011. (3) Despite subsection (2), a person who intends to import a controlled substance set out in the Sixth Schedule shall, in addition to the licence under subsection (2), apply to the Authority for authorisation to import the controlled substance in the prescribed manner and form. (4) The Authority shall, within thirty days of receipt of an application under subsection (3), approve or reject the application. (5) The Authority shall, where the Authority (a) approves an application under subsection (4), notify the applicant, in writing; or (b) rejects an application under subsection (4), notify the applicant, in writing, stating the reasons for the rejection. (1) A person shall not manufacture, import, export, deal in or advertise a controlled substance without a licence issued by the Authority.

6. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twenty-five years but the term of imprisonment shall not be less than two years.

7. (1) A person who intends to manufacture, import, export, deal in or advertise a controlled substance set out in the Schedules shall apply to the Authority for a licence in a prescribed manner and form, on payment of a prescribed fee. (2) The Authority shall, within ninety days of receipt of an application under subsection (1), approve or reject the application. (3) Despite subsection (2), the Authority shall approve or reject an application to import or export a controlled substance within fourteen days of the date of receipt of the application. (4) The Authority shall, where the Authority rejects an application, inform the applicant of the Authority’s decision in a prescribed manner and form stating the reasons for the rejection. (5) The Authority shall, where the applicant meets the prescribed requirements issue the applicant with an applicable licence in a prescribed manner and form. 14 No. 2 of 2023] Controlled Substances Renewal of licence Suspension or revocation of licence (6) A licence granted under subsection (5) shall be valid for— (a) one year, for an import and export licence; (b) two years, for a manufacturing licence; (c) the duration of the advert for a controlled substance for an advertising licence; and (d) a period as stated on the licence for other licences dealing in controlled substances.

8. (1) A licensee who intends to renew a licence shall, within ninety days before the expiration of the licence, apply to the Authority for renewal of the licence in a prescribed manner and form, on payment of a prescribed fee. (2) The Authority shall, within fourteen days of receipt of an application under subsection (1), approve or reject the application. (3) The Authority shall, where the Authority rejects an application, inform the applicant of the Authority’s decision in a prescribed manner and form stating the reasons for the rejection. (4) The Authority shall, where the applicant meets the prescribed requirements, renew the licence. (5) The licensee shall, where a licensee does not intend to renew the licence, within ninety days before the expiry of the licence, submit to the Authority a status report relating to the licensed activity in a prescribed manner and form. (6) Despite subsection (1), a licence to import or export a controlled substance, is not renewable.

9. (1) The Authority shall suspend or revoke a licence where the licensee— (a) obtained the licence by fraud, misrepresentation or concealment of a material fact; (b) is legally disqualified to undertake the activity for which the licence was issued; (c) fails to take corrective measures following the suspension of the licence; (d) changes business premises without authorisation; or (e) is convicted of an offence under the Act or any other written law and sentenced to a term of imprisonment exceeding six months without the option of a fine. (2) The Authority shall, before suspending or revoking a licence, notify the licensee in a prescribed manner and form of the Authority’s intention to suspend or revoke the licence and — (a) give reasons for the intended suspension or revocation; and Controlled Substances [No. 2 of 2023 15 (b) require the licensee to show cause, within a period as the Authority may determine, why the licence should not be suspended or revoked. (3) The Authority shall not suspend or revoke a licence under this section if the licensee takes remedial measures to the satisfaction of the Authority within the period specified under subsection (2). (4) The Authority may suspend or revoke a licence if the licensee, after being notified under subsection (2), fails to show cause or does not take any remedial measures to the satisfaction of the Authority. (5) The Authority shall, where a licence is revoked under this Act, inform the licensee, in writing, of the revocation of the licence and the licensee shall surrender that licence to the Authority.

10. (1) A licensee who intends to amend a licence shall apply to the Authority for an amendment of that licence in a prescribed manner and form, on payment of a prescribed fee. (2) The Authority shall within fourteen days of receipt of an application under subsection (1)— (a) approve or reject the amendment; and (b) notify the licensee of the approval of the amendment or rejection thereof.

11. (1) A licensee shall submit to the Authority a quarterly return on a controlled substance in a prescribed manner and form. (2) A quarterly return referred to under subsection (1) shall be submitted not later than fourteen days of the next quarter. (3) A licensee who fails to submit a quarterly return within the prescribed period commits an offence.

12. (1) A licence issued under this Part shall not be transferred to a third party without prior authorisation of the Authority. (2) A licensee who intends to transfer a licence shall apply to the Authority in a prescribed manner and form, on payment of a prescribed fee. (3) The Authority shall, within thirty days of receipt of an application under subsection (2), approve or reject the application. (4) The Authority shall, where the Authority rejects the application, inform the applicant in the prescribed manner and form stating the reasons for the rejection. Amendment of licence Submission of quarterly returns Transfer of licence 16 No. 2 of 2023] Controlled Substances Notice of cessation of activity by licensee National annual requirements for controlled substances (5) The Authority shall, where the person to whom a licensee intends to transfer the licence meets the prescribed requirements, transfer the licence to that person for the remainder of the validity of the licence on terms and conditions that the Authority may determine. (6) Despite subsection (2), an import or export licence is not transferable.

13. (1) A licensee who intends to cease conducting a licensed activity under this Act shall notify the Authority in a prescribed manner and form. (2) A licensee shall, thirty days prior to the cessation of the activity for which the licence was issued, submit to the Authority a detailed report of the licensed activity in a prescribed manner and form. (3) A licensee shall, where the licensed activity ceases before the expiry of the licence, surrender the licence to the Authority and the Authority shall, on terms and conditions that the Authority may determine, cancel that licence. PART IV MANUFACTURING, SUPPLY, DISTRIBUTION, SELLING, USING, PRESCRIBING AND DISPENSING OF CONTROLLED SUBSTANCES

14. The Authority shall determine the total quantity, and establish national annual requirements, for each class of a controlled substance in order to provide for— (a) requirements for medicinal, scientific and research purposes; (b) lawful export requirements; (c) maintenance of reserve stocks; (d) limitation or reduction of individual production quotas to the extent necessary to prevent the aggregate of individual quotas from exceeding the amount prescribed; (e) revision of quotas for each class of a controlled substance, where applicable; and (f) determination of the process of fixing the production quota, taking into account— (i) the average estimated disposal, inventory and other requirements of the manufacturing sector for the year; (ii) the trend of the national disposal rate during the preceding year; Controlled Substances [No. 2 of 2023 17 (iii) the average production cycle and inventory position of the manufacturing sector; (iv) the economic availability of raw materials, yield and stability problems; (v) national emergencies and disasters; or (vi) any other factor that the Authority considers necessary.

15. A person shall not place on the market, advertise, promote, manufacture, sell, import, supply or deal with a controlled substance used as a medicine without a pharmaceutical licence issued by the Authority in accordance with the Medicines and Allied Substances Act, 2013.

16. A person who intends to place on the market, advertise, promote, manufacture, sell, import, supply or deal with a controlled substance used as a medicine shall apply to the Authority for a pharmaceutical licence in accordance with the Medicines and Allied Substances Act, 2013, and shall meet the requirements prescribed under this Act.

17. (1) The following classes of persons are authorised for the practice or exercise of that person’s profession, function or employment, to be in possession of, dispose, use, prescribe or dispense, a controlled substance: (a) health practitioner; (b) veterinary surgeon; (c) nurse or midwife specified under section 51 of the Nurses and Midwives Act, 2019; (d) a person in charge of a laboratory used for the purpose of research or education and attached to— (i) a higher education institution; (ii) a health facility; or (iii) any research institution or registered business entity; and (e) an authorised officer. Prohibition of placing on market, e.t.c., controlled substance used as medicine without pharmaceutical licence Act No. 3 of 2013 Application for pharmaceutical licence Act No. 3 of 2013 Authorisation for certain classes of persons Act No. 10 of 2019 18 No. 2 of 2023] Controlled Substances Prescribing or dispensing controlled substances Withdrawal and restoration of authorisation (2) A person referred to under subsection (1) who is in possession of a medicine containing a controlled substance, shall, except when required by the practice of a profession, function or employment, keep the medicine in a locked immovable receptacle which shall be opened only by that person or another person authorised by virtue of this section, to be in possession of a controlled substance.

18. (1) An authorised prescriber may prescribe a controlled substance for treatment in accordance with guidelines issued by the Authority. (2) An authorised dispenser may dispense a controlled substance for treatment in accordance with guidelines issued by the Authority. (3) Guidelines issued under this section shall include matters relating to— (a) security of stocks of controlled substances; (b) the maintenance of prescribed records on controlled substances; and (c) the quantities of controlled substances which may be provided without supervision for use by an individual in treatment.

19. (1) The Authority may, by notice in the Gazette, revoke the authorisation of any person under section 16, where that person— (a) commits an offence under this Act, or attempts to solicit, incite, aid or abet, any other person to commit any offence under this Act; (b) has that person’s licence or certificate of practice suspended or revoked; (c) is legally disqualified from, being in possession of, disposing, using, prescribing or dispensing, a controlled substance; or (d) is proved, to the satisfaction of a medical doctor, to be a drug addict. (2) A person whose authorisation is revoked in accordance with subsection (1) may apply to the Authority in a prescribed manner and form, on payment of a prescribed fee for the restoration of that person’s authorisation. (3) The Authority may, where the authorisation of a person is revoked in accordance with this section, restore the authorisation where the reasons for revocation cease to exist. Controlled Substances [No. 2 of 2023 19 (4) The Authority may, where the Authority revokes the authorisation of a person, seize and take custody of the controlled substance at the cost of the person whose authorisation has been revoked.

20. A person shall not sell or supply a controlled substance which requires a prescription without a prescription.

21. (1) Despite section 20 and any other written law governing controlled substances, a person may sell or supply a controlled substance for medicinal purposes on partial filling of a prescription for a controlled substance set out in the First, Second, Third, Fourth and Fifth Schedules if the— (a) partial filling is requested by the patient or the authorised prescriber that prescribed the controlled substance; and (b) total quantity for the partial filling does not exceed the total quantity prescribed. (2) Except as provided in this section, remaining portions of a partially filled prescription for a controlled substance set out in the First, Second, Third, Fourth and Fifth Schedules may be filled not later than thirty days after the date on which the prescription was written.

22. (1) An authorised seller of a controlled substance who is reasonably satisfied that a person requesting a controlled substance is an authorised prescriber and by reason of some emergency is unable to furnish a prescription immediately, may, in the absence of a prescription, sell or supply the controlled substance requested in accordance with the directions of the authorised prescriber, except that the authorised prescriber shall undertake to furnish the authorised seller with a prescription, within seven days of the delivery of the controlled substance. (2) A person who fails to provide a prescription within the period specified under subsection (1) commits an offence. Sell or supply without prescription Sell or supply by partial filling of prescription Emergency sell or supply of controlled substance

23. A retailer shall ensure that the sale of a product containing precursor chemicals set out in the Fifth Schedule is made in accordance with the guidelines issued by the Authority. Retail of precursor chemicals

24. (1) Where a controlled substance is permitted under the law of any foreign country to be exported to another country, and is transited through the Republic as provided in the Customs and Excise Act, the exporter shall — Consignment of controlled substance in transit Cap. 322 (a) notify the Authority, the Drug Enforcement Commission and the Zambia Revenue Authority in the prescribed manner and form; and 20 No. 2 of 2023] Controlled Substances Prohibition of diversion of controlled substance within Republic Use of controlled substances in health research Act No. 2 of 2013 Act No. 3 of 2013 (b) not cause, or procure, the controlled substance to be diverted to any destination within the Republic without authorisation. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.

25. (1) A person shall not without authorisation cause a controlled substance to be diverted within the Republic to a destination other than that which it was originally assigned. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.

26. (1) A person who intends to carry out health research on a controlled substance set out in the First, Second, Third, Fourth, Fifth and Sixth Schedules shall do so in accordance with the National Health Research Act, 2013, and the Medicines and Allied Substances Act, 2013. (2) The Authority and the National Health Research Authority shall, in setting the criteria for assessing the merits of a research protocol using a controlled substance, ensure that they are effective procedures to adequately safeguard against diversion of a controlled substance from legitimate medicinal, scientific or research purposes. (3) The Authority and the National Health Research Authority shall, in setting the criteria for assessing the merits of a research protocol using a controlled substance under subsection (2), take into account— (a) a person’s experience with respect to a controlled substance; (b) previous convictions relating to a controlled substance; (c) relevant written laws relating to a controlled substance; (d) medical and research experience of the person; and (e) any other conduct which may threaten public health and safety. Controlled Substances [No. 2 of 2023 21 PART V CLASSIFICATION AND EXEMPTION OF CONTROLLED SUBSTANCES

27. (1) The Minister may, by statutory instrument and on the recommendation of the Authority, and in consultation with appropriate authorities, classify a controlled substance in the First, Second, Third, Fourth, Fifth or Sixth Schedule. (2) The Authority shall, in making the recommendation under subsection (1), ensure that the classification is in accordance with the following levels of potential abuse: Classification of controlled substances (a) in the case of a controlled substance classified in the First Schedule, the controlled substance— (i) has a high potential for abuse or poses a serious threat to public health; or (ii) is limited or has no use for research, medicinal or scientific purposes; (b) in the case of a controlled substance classified in the Second Schedule, the controlled substance— (i) has major stimulant and addictive properties; (ii) has high potential for abuse or poses a serious threat to public health; (iii) has an approved medicinal or scientific purpose; or (iv) may lead to severe psychological or physical dependence due to abuse; (c) in the case of a controlled substance classified in the Third Schedule, the controlled substance includes— (i) preparations containing narcotic drugs that are intended for legitimate medical use and are compounded in such a way that the preparation is unlikely to be abused and that the base narcotic drug cannot be easily extracted; or (ii) psychotropic substances which have legitimate medical use, and poses a serious risk to public health; (d) in the case of a controlled substance classified in the Fourth Schedule, the controlled substance — (i) is rarely used in medical practice and may be subject to special control measures; or 22 No. 2 of 2023] Controlled Substances Exemptions for certain purposes (ii) includes psychotropic substances which have legitimate use and poses a minor risk to public health; and (e) in the case of a controlled substance classified in the Fifth and Sixth Schedule, the controlled substance is a precursor chemical.

28. (1) Subject to section 31, the Authority shall, where the Authority considers that a controlled substance does not have a significant potential for abuse, recommend to the Minister to exempt the controlled substance from the application of any provisions of this Act. (2) The Minister may, on the recommendation of the Authority and in consultation with an appropriate authority, exempt, by statutory instrument, a controlled substance from the application of any provisions of this Act. (3) The Minister may, on the recommendation of the Authority and in consultation with an appropriate authority, by statutory instrument, exempt any compound, mixture or preparation containing a controlled substance from the application of any provisions of this Act if the Authority finds that the compound, mixture or preparation contains— (a) a controlled substance which is not for administration to a human being or animal, and which is packaged in a form or concentration, or with adulterant or denaturants, and it does not present any significant potential for abuse; or (b) an anabolic steroid, which is intended for administration to a human being or an animal and which, because of its concentration, preparation, formulation or delivery system, does not present any significant potential for abuse. (4) The Minister shall, by statutory instrument, revoke the exemption of a controlled substance that the Authority finds is being diverted from the purposes specified in subsection (2) or (3). (5) The Minister shall, in revoking an exemption of a controlled substance under this section, consider— (a) the scope, duration and significance of the diversion; (b) whether the controlled substance is formulated in a manner that it cannot easily be used in the illicit production of another controlled substance; Controlled Substances [No. 2 of 2023 23 (c) whether a precursor can be readily recovered from the controlled substance; (d) the evidence of the diversion of the controlled substance; and (e) any other relevant issue that contravenes this Act and any other written law. (6) Subject to subsection (8), the Minister shall, on the recommendation of the Authority and in consultation with an appropriate authority, on an application by a licensee of a controlled substance, whose exemption is revoked by statutory instrument, reinstate the exemption of that controlled substance, where the Minister is satisfied that the controlled substance shall be manufactured, imported, exported and dealt with in a manner that prevents diversion. (7) The Minister shall, on the recommendation of the Authority, in reinstating an exemption of a controlled substance, as specified under subsection (6), consider— (a) the package sizes and manner of packaging of the controlled substance; (b) the manner of distribution and advertising of the controlled substance; (c) any action taken by the manufacturer to prevent diversion of the controlled substance; and (d) other factors that are relevant to, and consistent with, public health and safety, including the factors specified in subsection (3). (8) A person shall not divert a controlled substance without authorisation from the Authority as prescribed. (9) A person who contravenes subsection (8) commits an offence and is liable, on conviction, to a penalty specified under the Nacortic Drugs and Psychotropic Substances Act, 2021.

29. Subject to the Medicines and Allied Substances Act, 2013, the Minister may, by statutory instrument, exempt a preparation containing a controlled substance from the application of this Act, if the preparation containing a controlled substance may be sold over the counter without a prescription. Act No. 35 of 2021 Non- prescription preparation containing controlled substance Act No. 3 of 2013 24 No. 2 of 2023] Controlled Substances Temporary classification of controlled substances to avoid imminent hazards to public safety

30. (1) Despite sections 28 and 29, the Minister may, on the recommendation of the Authority, by statutory instrument, order the temporary classification of a controlled substance to avoid an imminent hazard to the public. (2) The Minister may, on the recommendation of the Authority, by statutory instrument, remove a controlled substance from a Schedule on a temporary basis, where reasons advanced for the grant of the temporary classification cease to exist. Temporary and permanent classification of anabolic steroids

31. (1) The Minister may, on the recommendation of the Authority, by statutory instrument, order the temporary classification of an anabolic steroid as a controlled substance, if the Authority finds that the classification shall assist in preventing abuse or misuse of the anabolic steroid. Records or inventory of licensed activity (2) The Minister may, on the recommendation of the Authority, by statutory instrument, remove an anabolic steroid from a Schedule on a temporary basis, where the reasons advanced for the grant of the temporary classification cease to exist. (3) The Minister may, on the recommendation of the Authority, by statutory instrument, permanently include an anabolic steroid as a controlled substance in the appropriate Schedule. PART VI REPORTS, RECORDS, INVENTORIES AND REGISTERS

32. (1) A licensee shall establish and maintain a complete and accurate record or inventory of each controlled substance manufactured, imported, exported, advertised or dealt in. (2) A health facility or animal health facility shall establish and maintain a complete and accurate record or inventory of each controlled substance in the health facility or animal health facility’s possession, disposed of, used, prescribed or dispensed by a person authorised under section 16. (3) In the case of a person in charge of a laboratory used for the purpose of research or education and attached to a higher education institution, research institution or registered business entity, that higher education institution, research institution and registered business entity shall establish and maintain a complete and accurate record or inventory of each controlled substance. (4) The record or inventory referred to in this section shall be kept and maintained in a prescribed manner and form. (5) A person who contravenes this section commits an offence. Controlled Substances [No. 2 of 2023 25

33. (1) The Authority may require a person or institution, other than a person or institution referred to under section 32, in possession of a controlled substance for disposal, use, prescribing or dispensing to keep and maintain a register of the controlled substances in that person or institution’s possession in a prescribed manner and form. (2) A person who contravenes this section commits an offence. (1) A licensee, a health facility, animal health facility, higher

34. education institution, research institution, registered business entity or other person or institution so required by the Authority shall preserve registers, records, inventories, books, prescriptions, orders in writing and other documents issued or made for the purposes of this Act for a period of five years from the date on which the last entry was made or issued, as prescribed. (2) A person who contravenes this section commits an offence. Registers by other person or institution Preservation of documents Power of authorised officer PART VII INSPECTIONS

35. (1) An authorised officer may, for the purpose of enforcing the provisions of this Act, with a warrant, at any reasonable time— (a) enter any premises, pharmacy, agro veterinary shop, container, vessel, vehicle, aircraft or other conveyance that the authorised officer has reasonable grounds to believe is used for the commission of an offence or for purposes contrary to the provisions of this Act; (b) search any premises where any activity in relation to controlled substances is being undertaken, including a pharmacy, an agro veterinary shop, a container, vessel, vehicle, an aircraft or other conveyance, or the premises of a manufacturer, importer, exporter or dealer of any controlled substances or any person licensed or regulated under this Act, including a private dwelling, where information or documents which may be relevant to an inspection may be kept or which are being used for the commission of an offence under this Act; (c) search any person on the premises if the authorised officer has reasonable grounds to believe that the person has possession of an article, document, record or controlled substance that has a bearing on an investigation, except that a person shall only be searched by a person of the same sex; 26 No. 2 of 2023] Controlled Substances (d) examine any document, record, book, article or controlled substance found on the premises that has a bearing on an inspection or investigation; (e) require information to be given about any document, record, book, article or controlled substance in any premises by— (i) the owner of the premises; (ii) the person in control of the premises; (iii) any person who has control of the document, record, book, article or controlled substance; or (iv) any other person who may have the information; (f)seize any document, book, record, article, computer or other electronic storage device or controlled substance that has a bearing on an inspection or investigation or is used for purposes contrary to the provisions of this Act; (g) take samples of any controlled substance as may be necessary for the purposes of testing, examination or analysis; (h) take extracts from, or make copies of, any book, record or document found on the premises that has a bearing on an inspection or investigation; or (i) use any computer system or any other electronic device on the premises, or require the assistance of any person on the premises to use that computer system or electronic device, to— (i) search any data contained in, or available to, the computer system or electronic device; (ii) reproduce any record from the data; (iii) seize any output from the computer or electronic device for examination and copying; and (iv) attach and, if necessary, remove from the premises for examination and safeguarding any document, record, book or article that has a bearing on an inspection or investigation. (2) An authorised officer who removes any document, book, record or article from any premises under subsection (1) shall— (a) issue a receipt for the document, book, record or article to the owner of, or person in control of, the premises; and Controlled Substances [No. 2 of 2023 27 (b) return the document, book, record or article as soon as practicable after achieving the purpose for which it was removed. (3) A person commits an offence if that person— (a) delays, assaults, threatens or obstructs an authorised officer in the performance of the authorised officer’s functions; (b) refuses to give an authorised officer reasonable assistance that the authorised officer may require for the purpose of exercising the authorised officer’s powers; (c) gives an authorised officer false or misleading information in answer to an inquiry made by the authorised officer; or (d) impersonates an authorised officer or presents oneself to be an authorised officer. (4) A person convicted of an offence under subsection (3) is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. (5) An authorised officer shall furnish a written report and any other information relating to an inspection to an appropriate authority, as the Authority may require. (6) Nothing in this section requires a person to disclose or produce information or a document, if the person would in an action in a court be entitled to refuse to disclose or produce the information or document.

36. (1) An authorised officer may arrest a person, without warrant, where the authorised officer has reasonable grounds to believe that the person— Powers of arrest (a) is committing or has committed an offence under this Act; (b) is about to commit an offence under this Act and there is no other way to prevent the commission of the offence; (c) shall, unless arrested— (i) escape or cause unreasonable delay, trouble or expense in being made answerable to justice; (ii) interfere with the witnesses; or (iii) tamper with or destroy relevant evidence or material; or (d) is willfully obstructing the authorised officer in the execution of the authorised officer’s duties. 28 No. 2 of 2023] Controlled Substances (2) An authorised officer shall, where the authorised officer arrests a person under subsection (1), handover the person to a police officer, or surrender that person to a police post or station within twenty four hours of the arrest. (3) An authorised officer who makes an arrest under subsection (1) shall, without undue delay, have the person so arrested brought before a court of competent jurisdiction to be dealt with accordingly. PART VIII OFFENCES AND PENALTIES

37. (1) Except as authorised by this Act, a person commits an offence if that person— (a) knowingly opens, leases, rents, uses or maintains any place, whether permanently or temporarily, for the purpose of manufacturing, distributing or using any controlled substance; or (b) manages or controls any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant or mortgagee, or knowingly and intentionally rents, leases, profits from, or makes available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing or using a controlled substance. (2) A person convicted of an offence under subsection (1) is liable, on conviction, to imprisonment for a term not exceeding five years.

38. (1) Except as provided in this Act, a person who deals in a controlled substance with a child commits an offence and is liable, on conviction, to a fine not exceeding two million penalty units or to imprisonment for a term not exceeding fifteen years, or to both. (2) Where the controlled substance referred to under subsection (1) is set out in the Fifth and Sixth Schedules, the person referred to under subsection (1) is liable, on conviction, to a fine not exceeding one million penalty units or imprisonment for a term not exceeding ten years, or to both.

39. (1) Despite any other written law, a person commits an offence if that person knowingly— (a) employs, hires, uses, persuades, induces, entices or coerces a child to contravene this Act; or Maintaining controlled substances involved premises Sale of controlled substance to children Employing, hiring, using, persuading, inducing, enticing or coercing children to distribute drugs Controlled Substances [No. 2 of 2023 29 Prohibition of possession of controlled substance Offence of import, export, manufacture, possession and use of prepared opium (b) employs, hires, uses, persuades, induces, entices or coerces a child to assist in avoiding detection or apprehension for any offence under this Act. (2) A person convicted of an offence under subsection (1) is liable, on conviction, to a fine not exceeding one million penalty units or to imprisonment for a term not exceeding ten years, or to both.

40. (1) A person shall not possess a controlled substance without authorisation under this Act or any other written law. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to imprisonment for a term not exceeding fifteen years. (3) This section shall not apply to an appropriate authority procuring a controlled substance in accordance with the requirements of any written law.

41. (1) A person who intends to import, export, manufacture or use prepared opium shall apply for authorisation from the Authority. (2) A person commits an offence if that person— (a) imports into, or exports from the Republic any prepared opium; (b) manufactures or otherwise deals in prepared opium; (c) has in that person’s possession any prepared opium; (d) being the occupier of any premises, permits the premises to be used for the purpose of the preparation of prepared opium for smoking, or the sale or smoking, of prepared opium; (e) is concerned in the management of any premises used for purposes of paragraph (d); (f)has in that person’s possession any pipes or other utensils for use in connection with the smoking of prepared opium or any utensils used in connection with the prepared opium for smoking; or (g) smokes, or otherwise uses, prepared opium. (2) A person who commits an offence under subsection (1) is liable, on conviction, to a fine not exceeding one million penalty units or to imprisonment for a term not exceeding ten years, or to both. 30 No. 2 of 2023] Controlled Substances General penalty Offences by principal officer, shareholder or partner of body corporate or unincorporate body Waiver by Authority Appeals Disposal of controlled substance Requirements in respect of cessation of practise

42. A person who commits an offence under this Act for which a specific penalty is not provided for is liable, on conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both.

43. Where an offence under this Act is committed by a body corporate or unincorporate body, with the knowledge, consent or connivance of the director, manager shareholder or partner, that director, manager, shareholder or partner of the body corporate or unincorporate body commits an offence and is liable, on conviction, to the penalty specified for that offence. PART IX GENERAL PROVISIONS

44. The Authority may waive certain requirements under this Act for the purposes of an importation or exportation of a controlled substance where a national or global disaster or health emergency is declared.

45. (1) A person who is aggrieved by a decision made under this Act may appeal to the Minister within thirty days of the date of the decision. (2) The Minister shall hear and determine an appeal referred to under subsection (1) within ninety days from the date of appeal. (3) A person aggrieved with the decision of the Minister under subsection (1), may appeal to the High Court.

46. The Authority shall, in collaboration with the Zambia Environmental Management Agency and any other appropriate authority, dispose of expired, obsolete or unwanted controlled substances.

47. (1) A person in lawful possession of a controlled substance shall, before ceasing to practise in a profession or being in employment — (a) where that person is being succeeded by another person authorised — (i) physically check with, and hand over to the successor all controlled substances; (ii) submit to the licensee a signed statement, including the signature of the successor, certifying that the controlled substances have been physically checked and handed over in accordance with subparagraph (i); Controlled Substances [No. 2 of 2023 31 (iii) after handing over the controlled substance, rule off each page of the register on which an entry is made, and both the person and the successor shall, when satisfied that it is a true record of the controlled substances on hand, sign each page; and (iv) if either person is not satisfied that an entry, under subparagraph (iii), is a true record, that person shall refuse to sign the page and shall immediately inform the licensed entity of the reason for the refusal; or (b) where that person is not succeeded by another authorised person— (i) inform the Authority of the arrangements made for the disposal of the controlled substances; and (ii) immediately after disposing of the controlled substances, that person shall notify the Authority of the disposal of the controlled substances and shall, at the same time, forward the register and the supporting prescriptions and written orders to the Authority who shall retain them for a period of five years from the latest date of entry. (2) Where the arrangements under subsection (1)(b), are not made or are not to the satisfaction of the Authority, the controlled substances shall be disposed of in the manner that the Authority may determine, in consultation with the Zambia Environmental Management Agency.

48. Subject to the Forfeiture of Proceeds of Crime Act, 2010, a person convicted of an offence under this Act shall forfeit to the Republic all articles in respect of which the offence was committed, and the court before which that person is convicted may order those articles to be destroyed or otherwise disposed of as the court thinks fit at the cost of the convicted person.

49. (1) The Authority may, in the exercise of the Authority’s functions under this Act, issue guidelines as are necessary for the better carrying out of the provisions of this Act. (2) The Authority shall publish the guidelines issued under this Act in the Gazette and any other electronic media that the Authority may determine. Forfeiture Act No. 19 of 2010 Guidelines 32 No. 2 of 2023] Controlled Substances Power of Minister to amend Schedules Regulations (3) The guidelines shall take effect on the date of publication and shall bind all persons licensed or authorised under this Act.

50. (1) The Minister may, by statutory instrument, on the recommendation of the Authority and in consultation with the Drug Enforcement Commission and any other appropriate authority, amend the Schedules where it is found that a controlled substance— (a) has a potential for abuse as categorised in section 27; or (b) fails to meet the requirements for inclusion in any of the Schedules. (2) The Minister shall, in amending a Schedule under subsection (1), take into consideration the— (a) actual or relative potential for abuse; (b) scientific evidence of its pharmacological effect, if known; (c) state of current scientific knowledge regarding a controlled substance; (d) history and current pattern of abuse; (e) scope, duration and significance of abuse; (f)potential risk to public health; (g) psychic or physiological dependence liability; or (h) possibility of the substance being a precursor chemical of a substance already controlled as specified in this Act. (3) The Authority shall, in making the recommendation under subsection (1), consider the decision of the Commission on Narcotic Drugs on categorisation of a controlled substance.

51. (1) The Minister may, on the recommendation of the Authority, by statutory instrument, make Regulations for the better carrying out of the provisions of this Act and for anything required to be prescribed as specified in this Act. (2) Despite the generality of subsection (1), Regulations made under subsection (1) may— (a) provide for measures to prevent diversion of controlled substances; (b) provide for the provision of emergency medical services, a public health emergency or a mass casualty event using controlled substances, consistent with this Act; (c) prescribe fees or charges payable in respect of any matter arising and provided for, or authorised by this Act; Controlled Substances [No. 2 of 2023 33 (d) prescribe the forms for applications, licences, approvals, registers, notices, orders and any other documents required for the purposes of this Act; (e) provide for the supply and monitoring of special stocks and stocks; and (f) prescribe the information to be given in returns and other documents submitted or made for the purposes of this Act. (1) The Dangerous Drugs Act, 1967 is repealed.

52. (2) Despite subsection (1)— (a) a licence issued under the repealed Act shall be considered as having been issued under this Act; and (b) an application for a licence under the repealed Act shall be considered and issued in accordance with this Act. Repeal of Act No. 42 of 1967 and savings and transitional provisions Cap. 95 34 No. 2 of 2023] Controlled Substances FIRST SCHEDULE (Sections 2, 21, 26 and 27) Part A: Narcotic Drugs International non-proprietary name or other non-proprietary name or trivial names Acetorphine Chemical name 3-O-acetyltetrahydro-7á-(1-hydroxy-1- methylbutyl)-6,14-endoethenooripavine (derivative of thebaine) Acetyl-Alpha-Methylfentanyl N-[1-(á-methylphenethyl)-4- piperidyl]acetanilide Acetylfentanyl N-[1-(2-phenylethyl)-4-piperidyl]-N- phenylacetamide Acetylmethadol 3-acetoxy-6-dimethylamino-4,4-diphenylheptane Acryloylfentanyl (Acrylfentanyl) Alfentanil AH-7921 Allylprodine Alphacetylmethadol Alphameprodine Alphamethadol Alpha-Methylfentanyl Alpha-Methylthiofentanyl Alphaprodine Anileridine Benzethidine Benzylmorphine Betacetylmethadol Beta-Hydroxyfentanyl Beta-Hydroxy-3- Methylfentanyl Betameprodine Betamethadol Betaprodine Bezitramide N-phenyl-N-[1(2-phenylethyl) piperidin-4-yl]prop-2- enamide N-[1-[2-(4-ethyl-4,5-dihydro-5-oxo-1H-tetrazol-1- yl)ethyl]-4(methoxymethyl)-4-piperidinyl]-N- phenylpropanamide 3,4-dichloro-N-[(1- dimethylamino)cyclohexylmethyl]benzamide 3-allyl-1-methyl-4-phenyl-4-propionoxypiperidine α-3-acetoxy-6-dimethylamino-4,4-diphenylheptane α-3-ethyl-1-methyl-4-phenyl-4- propionoxypiperidine α-6-dimethylamino-4,4-diphenyl-3-heptanol N-[1-(á-methylphenethyl)-4-piperidyl] propionanilide N-[1-[1-methyl-2-(2-thienyl)ethyl]-4-piperidyl] propionanilide α-1,3-dimethyl-4-phenyl-4-propionoxypiperidine 1-p-aminophenethyl-4-phenylpiperidine-4- carboxylic acid ethyl ester 1-(2-benzyloxyethyl)-4-phenylpiperidine-4- carboxylic acid ethyl ester 3-benzylmorphine ß-3-acetoxy-6-dimethylamino-4,4-diphenylheptane N-[1-(â-hydroxyphenethyl)-4-piperidyl] propionanilide N-[1-(â-hydroxyphenethyl)-3-methyl-4-piperidyl] propionanilide ß-3-ethyl-1-methyl-4-phenyl-4- propionoxypiperidine ß-6-dimethylamino-4,4-diphenyl-3-heptanol ß-1,3-dimethyl-4-phenyl-4-propionoxypiperidine 1-(3-cyano-3,3-diphenylpropyl)-4-(2-oxo-3- propionyl-1benzimidazolinyl)piperidine â-3 Controlled Substances [No. 2 of 2023 35 International non-proprietary name or other non-proprietary name or trivial names Butyrfentanyl Cannabis 1 Cannabis Resin, Extracts and Tinctures Carfentanil Clonitazene Coca Leaf 2 Cocaine Codoxime Desomorphine Dextromoramide Diampromide Diethylthiambutene Difenoxin Dihydroetorphine Dihydromorphine Dimenoxadol Dimepheptanol Dimethylthiambutene Dioxaphetyl Butyrate Diphenoxylate Dipipanone Drotebanol Ecgonine Chemical name N-phenyl-N-[1-(2-phenylethyl)-4- piperidinyl] butanamide _ Methyl 1-(2-phenylethyl)-4-[phenyl (propanoyl) amino] piperidine-4-carboxylate 2-(p-chlorobenzyl)-1-diethylaminoethyl-5- nitrobenzimidazole _ methyl ester of benzoylecgonine (an alkaloid found in coca leaves or prepared by synthesis from ecgonine) dihydrocodeinone-6-carboxymethyloxime (derivate of morphine) Dihydrodesoxymorphine (derivative of morphine) (+)-4-[2-methyl-4-oxo-3,3-diphenyl-4-(1- pyrrolidinyl)butyl]morpholine (dextro-rotatory isomer of moramide) N-[2-(methylphenethylamino)-propyl] propionanilide 3-diethylamino-1,1-di-(2’-thienyl)-1-butene 1-(3-cyano-3,3-diphenylpropyl)-4-phenylisonipecotic acid 7,8-dihydro-7á-[1-(R)-hydroxy-1-methylbutyl]-6,14- endoethanotetrahydrooripavine (derivative of etorphine) (derivative of morphine) 2-dimethylaminoethyl-1-ethoxy-1,1-diphenylacetate 6-dimethylamino-4,4-diphenyl-3-heptanol 3-dimethylamino-1,1-di-(2’-thienyl)-1-butene ethyl-4-morpholino-2,2-diphenylbutyrate 1-(3-cyano-3,3-diphenylpropyl)-4-phenylpiperidine- 4-carboxylic acid ethyl ester 4,4-diphenyl-6-piperidine-3-heptanone 3,4-dimethoxy-17-methylmorphinan-6â,14-diol (1R,2R,3S,5S)-3-hydroxy-8-methyl-8- azabicyclo [3.2.1]octane-2-carboxylic acid Ethylmethylthiambutene 3-ethylmethylamino-1,1-di-(2’-thienyl)-1-butene Etonitazene 1-diethylaminoethyl-2-p-ethoxybenzyl-5- nitrobenzimidazole 1 the flowering or fruiting tops of the cannabis plant (resin not extracted) the separated resin, crude or purified, obtained from the cannabis plant 2 the leaf of the coca bush (plant material), except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed 36 No. 2 of 2023] Controlled Substances International non-proprietary name or other non-proprietary name or trivial names Etorphine Etoxeridine Fentanyl Chemical name tetrahydro-7á-(1-hydroxy-1-methylbutyl)-6,14- endo-ethenooripavine (derivative of the baine) 1-[2-(2-hydroxyethoxy)-ethyl]-4-phenylpiperidine- 4-carboxylic acid ethyl ester 1-phenethyl-4-N-propionylanilinopiperidine 4-Fluoroisobutyrfentanyl N-(4-fluorophenyl)-N-(1-phenetylpiperidin-4- (4-FIBF, pFIBF) Furanylfentanyl Furethidine Heroin Hydrocodone Hydromorphinol Hydromorphone Hydroxypethidine Isomethadone Ketobemidone Levomethorphan Levomoramide yl)isobutyramide N-phenyl-N-[1-(2-phenylethyl)piperidin-4- yl]furan-2-carboxamide 1-(2-tetrahydrofurfuryloxyethyl)-4- phenylpiperidine-4-carboxylic acid ethyl ester diacetylmorphine (derivative of morphine) dihydrocodeinone (derivative of morphine) 14-hydroxydihydromorphine (derivative of morphine) dihydromorphinone (derivative of morphine) 4-m-hydroxyphenyl-1-methylpiperidine-4- carboxylic acid ethyl ester 6-dimethylamino-5-methyl-4,4-diphenyl-3- hexanone 4-m-hydroxyphenyl-1-methyl-4- propionylpiperidine (-)-3-methoxy-N-methylmorphinan (-)-4-[2-methyl-4-oxo-3,3-diphenyl-4-(1- pyrrolidinyl)butyl]morpholine Levophenacylmorphan (-)-3-hydroxy-N-phenacylmorphinan Levorphanol2 Metazocine Methadone (-)-3-hydroxy-N-methylmorphinan 2-hydroxy-2,5,9-trimethyl-6,7-benzomorphan 6-dimethylamino-4,4-diphenyl-3-heptanone Methadone Intermediate 4-cyano-2-dimethylamino-4,4-diphenylbutane Methyldesorphine 6-methyl-6-deoxymorphine (derivative of morphine) Methyldihydromorphine 6-methyldihydromorphine (derivative of morphine) 3-Methylfentanyl 3-Methylthiofentanyl Metopon Moramide Intermediate N-(3-methyl-1-phenethyl-4-piperidyl) propionanilide N-[3-methyl-1-[2-(2-thienyl)ethyl]-4-piperidyl] propionanilide 5-methyldihydromorphinone (derivative of morphine) 2-methyl-3-morpholino-1,1-diphenylpropane carboxylic acid Controlled Substances [No. 2 of 2023 37 International non-proprietary name or other non-proprietary name or trivial names Morpheridine Morphine Morphine Methobromide3 Morphine-N-Oxide MPPP MT-45 Myrophine Nicomorphine Noracymethadol Norlevorphanol Normethadone Normorphine Norpipanone Ocfentanil Opium Oripavine Oxycodone Oxymorphone Chemical name 1-(2-morpholinoethyl)-4-phenylpiperidine-4- carboxylic acid ethyl ester the principal alkaloid of opium and of opium poppy (5α, 6α)-3,6-Dihydroxy-17,17-dimethy l-7, 8didehydro- 4,5-epoxymorphinan-17-ium bromide (derivate of morphine) 1-methyl-4-phenyl-4-piperidinol propionate (ester) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine Myristylbenzylmorphine (derivate of morphine) 3,6-dinicotinylmorphine (derivate of morphine) ()-α-3-acetoxy-6-methylamino-4,4-diphenylheptane (-)-3-hydroxymorphinan 6-dimethylamino-4,4-diphenyl-3-hexanone demethylmorphine (derivate of morphine) 4,4-diphenyl-6-piperidino-3-hexanone N-(2-fluorophenyl)-2-methoxy-N-[1-(2- phenylethyl)piperidin-4yl]acetamide the coagulated juice of the opium poppy (plant species Papaver somniferum L.) 3-O-demethylthebaine 14-hydroxydihydrocodeinone (derivate of morphine) 14-hydroxydihydromorphinone (derivate of morphine) Para-Fluorofentanyl 4’-fluoro-N-(1-phenethyl-4-piperidyl)propionanilide PEPAP Pethidine Pethidine Intermediate A Pethidine Intermediate B Pethidine Intermediate C Phenadoxone Phenampromide Phenazocine Phenomorphan Phenoperidine Piminodine Piritramide 1-phenethyl-4-phenyl-4-piperidinol acetate (ester) 1-methyl-4-phenylpiperidine-4-carboxylic acid ethyl ester 4-cyano-1-methyl-4-phenylpiperidine 4-phenylpiperidine-4-carboxylic acid ethyl ester 1-methyl-4-phenylpiperidine-4-carboxylic acid 6-morpholino-4,4-diphenyl-3-heptanone N-(1-methyl-2-piperidinoethyl)propionanilide 2’-hydroxy-5,9-dimethyl-2-phenethyl-6,7- benzomorphan 3-hydroxy-N-phenethylmorphinan 1-(3-hydroxy-3-phenylpropyl)-4-phenylpiperidine-4- carboxylic acid ethyl ester 4-phenyl-1-(3-phenylaminopropyl)piperidine-4- carboxylic acid ethyl ester 1-(3-cyano-3,3-diphenylpropyl)-4-(1- piperidino)piperidine-4carboxylic acid amide 38 No. 2 of 2023] Controlled Substances International non-proprietary name or other non-proprietary name or trivial names Proheptazine Properidine Racemethorphan Racemoramide Racemorphan Remifentanil Sufentanil Chemical name 1,3-dimethyl-4-phenyl-4-propionoxyazacycloheptane 1-methyl-4-phenylpiperidine-4-carboxylic acid isopropyl ester ()-3-methoxy-N-methylmorphinan ()-4-[2-methyl-4-oxo-3,3-diphenyl-4-(1- pyrrolidinyl)butyl]morpholine ()-3-hydroxy-N-methylmorphinan 1-(2-methoxycarbonylethyl)-4- (phenylpropionylamino)-piperidine-4carboxylic acid methyl ester N-[4-(methoxymethyl)-1-[2-(2-thienyl)ethyl]-4- piperidyl]propionanilide Tetrahydrofuranylfentanyl (THF-F) N-phenyl-N-[1-(2-phenylethyl)piperidin-4- Thebacon Thebaine Thiofentanyl Tilidine Trimeperidine U-47700 Part B: Psychotropic Substances International non-proprietary name or other non-proprietary name or trivial names Brolamfetamine Cathinone DET DMA DMHP DM T DOET Eticyclidine Etryptamine (+)-Lysergide N-hydroxy MDA yl]tetrahydrofuran-2carboxamide Acetyldihydrocodeinone (acetylated enol form of hydrocodone) (an alkaloid of opium; also found in Papaver bracteatum) N-[1-[2-(2-thienyl)ethyl]-4-piperidyl]propionanilide ()-ethyl-trans-2-(dimethylamino)-1-phenyl-3- cyclohexene-1carboxylate 1,2,5-trimethyl-4-phenyl-4-propionoxypiperidine 3,4-dichloro-N-(2-dimethylamino-cyclohexyl)-N- methyl-benzamide Chemical name (±)-4-bromo-2,5-dimethoxy-á-methylphenethylamine (–)-(S)-2-aminopropiophenone 3-[2-(diethylamino)ethyl]indole (±)-2,5-dimethoxy-á-methylphenethylamine 3-(1,2-dimethylheptyl)-7,8,9,10-tetrahydro-6,6,9- trimethyl-6H dibenzo[b,d]pyran-1-ol 3-[2-(dimethylamino)ethyl]indole (±)-4-ethyl-2,5-dimethoxy-á-methylphenethylamine N-ethyl-1-phenylcyclohexylamine 3-(2-aminobutyl)indole 9,10-didehydro-N,N-diethyl-6-methylergoline-8ß- carboxamide (±)-N[α-methyl-3,4- (methylenedioxy)phenethyl]hydroxylamine Controlled Substances [No. 2 of 2023 39 Part B: Psychotropic Substances International non-proprietary name or other non-proprietary name or trivial names MDE, N-ethyl M DA MDMA Mescaline Methcathinone 4-methylaminorex MMDA 4-MTA 25B-NBOMe 25C-NBOMe 25I-NBOMe Psilocybine Rolicyclidine Tenamfetamine Tenocyclidine Tetrahydrocannabinol delta-6a(10a)-THC delta-6a(7)-THC delta-7-THC delta-8-THC delta-10-THC delta-9(11)-THC Chemical name (±)-N-ethyl-α-methyl-3,4- (methylenedioxy)phenethylamine (±)-N,α-dimethyl-3,4-(methylenedioxy)phenethylamine 3,4,5-trimethoxyphenethylamine 2-(methylamino)-1-phenylpropan-1-one (±)-cis-2-amino-4-methyl-5-phenyl-2-oxazoline 5-methoxy-á-methyl-3,4-(methylenedioxy) phenethylamine α-methyl-4-methylthiophenethylamine 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2- methoxybenzyl)ethanamine 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2- methoxybenzyl)ethanamine 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2- methoxybenzyl)ethanamine 3-[2-(dimethylamino)ethyl]indol-4-yl dihydrogen phosphate 1-(1-phenylcyclohexyl)pyrrolidine 2,5-dimethoxy-á,4-dimethylphenethylamine α-methyl-3,4-(methylenedioxy)phenethylamine 1-[1-(2-thienyl)cyclohexyl]piperidine tetrahydrocannabinol, the following isomers and their stereochemical variants: 7,8,9,10-tetrahydro-6,6,9-trimethyl-3-pentyl-6H- dibenzo[b,d]pyran-1-ol (9R,10aR)-8,9,10,10a-tetrahydro-6,6,9-trimethyl-3- pentyl-6H dibenzo[b,d]pyran-1-ol (6aR,9R,10aR)-6a,9,10,10a-tetrahydro-6,6,9-trimethyl- 3-pentyl-6H dibenzo[b,d]pyran-1-ol (6aR,10aR)-6a,7,10,10a-tetrahydro-6,6,9-trimethyl-3- pentyl-6H dibenzo[b,d]pyran-1-ol 6a,7,8,9-tetrahydro-6,6,9-trimethyl-3-pentyl-6H- dibenzo[b,d]pyran-1-ol (6aR,10aR)-6a,7,8,9,10,10a-hexahydro-6,6-dimethyl-9- methylene3 pentyl-6H-dibenzo[b,d] pyran-1-ol TMA (±)-3,4,5-trimethoxy-á-methylphenethylamine 40 No. 2 of 2023] Controlled Substances Part A: Narcotic Drugs International non-proprietary name or other non-proprietary name or trivial names SECOND SCHEDULE (Sections 2,21,26 and 27) Chemical name Acetyldihydrocodeine (derivative of codeine) Codeine Dextropropoxyphene Dihydrocodeine Ethylmorphine Nicocodine Nicodicodine Norcodeine Pholcodine Propiram Part B: Psychotropic Substances International non-proprietary name or other non-proprietary name or trivial names AM-2201 Amfetamine Amineptine 5F-APINACA N-Benzylpiperazine Dexamfetamine Dronabinola Ethylone Ethylphenidate Fenetylline JWH-018 Levamfetamine MDMB-CHMICA 3-methylmorphine (derivate of morphine, alkaloid contained in opium and poppy straw) α-(+)-4-dimethylamino-1,2-diphenyl-3-methyl- 2butanol propionate (Dextro-rotary isomer of propoxyphene) (derivative of morphine) 3-ethylmorphine (derivative of morphine) 6-nicotinylcodeine (derivative of morphine) 6-nicotinyldihydrocodeine (derivative of morphine) N-demethylcodeine (derivative of morphine) morpholinylethylmorphine (derivative of morphine) N-(1-methyl-2-piperidinoethyl)-N- 2pyridylpropionamide Chemical name [1-(5-Fluoropentyl)-1H-indol-3-yl](naphthalen- 1yl)methanone (±)-α-methylphenethylamine 7-[(10,11-dihydro-5H-dibenzo[a,d]cyclohepten-5 yl)amino]heptanoic acid 1-benzylpiperazine 4-bromo-2,5-dimethoxyphenethylamine (+)-á-methylphenethylamine (6aR,10aR)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl- 3-pentyl-6H-dibenzo[b,d]pyran-1-ol 7-[2-[(á- methylphenethyl)amino]ethyl]theophylline Naphthalene-1-yl(1-pentyl-1H-indol-3-yl) methanone (–)-(R)-α-methylphenethylamine(amphetamine (-)isomer Controlled Substances [No. 2 of 2023 41 International non-proprietary name or other non-proprietary name or trivial names MDPV Mecloqualone Mephedrone Chemical name (R/S)-1-(Benzo[d][1,3]dioxol-5-yl)-2-(pyrrolidin- 1-yl)pentan-1-one 3-(o-chlorophenyl)-2-methyl-4(3H)-quinazolinone (RS)-2-methylamino-1-(4-methylphenyl)propan- 1-one Metamfetamine (+)-(S)-N,á-dimethylphenethylamine Metamfetamine Racemate (±)-N,á-dimethylphenethylamine Methaqualone Methiopropamine Methoxetamine 2-methyl-3-o-tolyl-4(3H)-quinazolinone 2-(3-methoxyphenyl)-2-(ethylamino)-cyclohexanone 4-Methylethcathinone (RS)-2-methylamino-1-(4-methylphenyl)propan-1-one Methylone (RS)- 2-methylamino-1- Methylphenidate methyl á-phenyl-2-piperidine acetate (3,4-methylenedioxyphenyl)propan-1-one Pentedrone Phencyclidine Phenmetrazine Secobarbital XLR-11 ZIPEPROL 1-(1-phenylcyclohexyl)piperidine 3-methyl-2-phenylmorpholine 5-allyl-5-(1-methylbutyl)barbituric acid α-(α-methoxybenzyl)-4-(ß-methoxyphenethyl)-1- piperazineethanol 42 No. 2 of 2023] Controlled Substances THIRD SHEDULE (Sections 2,21 and 27) Part A: Preparations Containing Narcotic Drugs Preparations Containing Narcotic Drugs Contents Acetyldihydrocodeine, Codeine, Dihydrocodeine, Ethylmorphine, Nicocodine, Nicodicodine, Norcodeine, Pholcodine Propiram Dextropropoxyphene Cocaine Opium or Morphine Difenoxin Diphenoxylate Pulvis ipecacuanhae et opii compositus when compounded with one or more other ingredients and containing not more than 100 milligrams of the drug per dosage unit and with a concentration of not more than 2.5 per cent in undivided preparations. containing not more than 100 milligrams of PROPIRAM per dosage unit and compounded with at least the same amount of methylcellulose. for oral use containing not more than 135 milligrams of DEXTROPROPOXYPHENE base per dosage unit or with a concentration of not more than 2.5 per cent in undivided preparations, provided that such preparations do not contain any substance controlled under the 1971 Convention on Psychotropic Substances. containing not more than 0.1 per cent of cocaine calculated as COCAINE base; containing not more than 0.2 per cent of MORPHINE calculated as anhydrous MORPHINE base and compounded with one or more other ingredients and in such a way that the drug cannot be recovered by readily applicable means or in a yield which would constitute a risk to public health. containing, per dosage unit, not more than 0.5 milligrams of DIFENOXIN and a quantity of atropine sulfate equivalent to at least 5 per cent of the dose of DIFENOXIN. containing, per dosage unit, not more than 2.5 milligrams of DIPHENOXYLATE calculated as base and a quantity of atropine sulfate equivalent to at least 1 per cent of the dose of DIPHENOXYLATE. 10 per cent OPIUM in powder; 10 per cent ipecacuanha root, in powder, well mixed with 80 per cent of any other powdered ingredient containing no drug. Preparations conforming to any of the formulas listed in this Schedule and mixtures of such preparations with any material which contains no drug. Preparations containing ephedrine, pseudoephedrine and norephedrine, as follows: Controlled Substances [No. 2 of 2023 43 Part B: Psychotropic Substances International non-proprietary name or other non-proprietary name or trivial names Amobarbital Buprenorphine Butalbital Cathine Cyclobarbital Etizolam Flualprazolam Flunitrazepam Glutethimide Pentazocine Chemical name 5-ethyl-5-isopentylbarbituric acid 2l-cyclopropyl-7-α-[(S)-1-hydroxy-1,2,2- trimethylpropyl]-6,14 tetrahydrooripavine endo-ethano-6,7,8,14- 5-allyl-5-isobutylbarbituric acid (+)-(S)-α-[(S)-1-aminoethyl]benzyl alcohol 5-(1-cyclohexen-1-yl)-5-ethylbarbituric acid 5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro- 2H-1,4 benzodiazepin-2-one 2-ethyl-2-phenylglutarimide (2R*,6R*,11R*)-1,2,3,4,5,6-hexahydro-6,11- dimethyl-3-(3-methyl-2-butenyl)-2,6-methano-3- benzazocin-8-ol Pentobarbital 5-ethyl-5-(1-methylbutyl)barbituric acid 44 No. 2 of 2023] Controlled Substances FOURTH SCHEDULE (Sections 2, 21 and 27) Part A: Narcotic Drugs International non-proprietary name or other non-proprietary name or trivial names Acetorphine Acetyl-Alpha-Methylfentanyl Acetylfentanyl Alpha-Methylfentanyl Alpha-Methylthiofentanyl Beta-Hydroxyfentanyl Beta-Hydroxy-3-Methylfentanyl Cannabis (Plant)4 Cannabis Resin5 Carfentanil Desomorphine morphine) Etorphine Heroin Ketobemidone 3-Methylfentanyl 3-Methylthiofentanyl M p p p Para-Fluorofentanyl piperidyl)propionanilide Pepap Thiofentanyl Chemical name 3-O-acetyltetrahydro-7α-(1-hydroxy-1- methylbutyl)-6,14-endo-ethenooripavine (derivative of thebaine) N-[1-(α-methylphenethyl)-4- piperidyl]acetanilide N-Phenyl-N-[1-(2-phenylethyl)- 4piperidinyl]acetamide N-[1-(α-methylphenethyl)-4- piperidyl]propionanilide N-[1-[1-methyl-2-(2-thienyl)ethyl]- 4piperidyl]propionanilide N-[1-(ß-hydroxyphenethyl)-4- piperidyl]propionanilide N-[1-(ß-hydroxyphenethyl)-3-methyl- 4piperidyl]propionanilide _ _ Methyl 1-(2-phenylethyl)-4- [phenyl(propanoyl)amino]piperidine-4- carboxylate dihydrodesoxymorphine (derivative of tetrahydro-7á-(1-hydroxy-1-methylbutyl)- 6,14-endoethenooripavine (derivative of thebaine) Diacetylmorphine (derivative of morphine) 4-m-hydroxyphenyl-1-methyl-4- propionylpiperidine N-(3-methyl-1-phenethyl-4- piperidyl)propionanilide N-[3-methyl-1-[2-(2-thienyl)ethyl]- 4piperidyl]propionanilide 1-methyl-4-phenyl-4-piperidinol propionate (ester) 4’-fluoro-N-(1-phenethyl-4- 1-phenethyl-4-phenyl-4-piperidinol acetate (ester) N-[1-[2-(thienyl)ethyl]-4- piperidyl]propionanilide 4 the flowering or fruiting tops of the cannabis plant (resin not extracted) 5 the separated resin, crude or purified, obtained from the cannabis plant Controlled Substances [No. 2 of 2023 45 Part B: Psychotropic Substances International non-proprietary name or other non-proprietary name or trivial names Allobarbital Alprazolam Amfepramone Aminorex Barbital Benzfetamine Bromazepam benzodiazepin- Brotizolam Butobarbital Camazepam Chlordiazepoxide Clobazam Clonazepam Clorazepate Clotiazepam Cloxazolam Delorazepam Diazepam Estazolam Ethchlorvynol Ethinamate Ethyl Loflazepate Etilamfetamine Chemical name 5,5-diallylbarbituric acid 8-chloro-1-methyl-6-phenyl-4H-s- triazolo[4,3 α][1,4]benzodiazepine 2-(diethylamino)propiophenone 2-amino-5-phenyl-2-oxazoline 5,5-diethylbarbituric acid N-benzyl-N,a-dimethylphenethylamine 7-bromo-1,3-dihydro-5-(2-pyridyl)-2H-1,4- 2-one 2-bromo-4-(o-chlorophenyl)-9-methyl-6H- thieno[3,2-f]-s a][1,4]diazepine triazolo[4,3- 5-butyl-5-ethylbarbituricacid 7-chloro-1,3-dihydro-3-hydroxy-1-methyl- 5-phenyl-2H-1,4 benzodiazepin-2-one dimethylcarbamate (ester) 7-chloro-2-(methylamino)-5-phenyl-3H-1,4 benzodiazepine-4-oxide 7-chloro-1-methyl-5-phenyl-1H-1,5- benzodiazepine-2,4(3H,5H)-dione 5-(o-chlorophenyl)-1,3-dihydro-7-nitro-2H- 1,4 benzodiazepin-2-one 7-chloro-2,3-dihydro-2-oxo-5-phenyl-1H- 1,4 benzodiazepine-3-carboxylic acid 5-(o-chlorophenyl)-7-ethyl-1,3-dihydro-1- methyl-2H diazepin-2-one thieno[2,3-e]-1,4- 10-chloro-11b-(o-chlorophenyl)-2,3,7,11b- tetrahydro oxazolo-[3,2- d][1,4]benzodiazepin-6(5H)-one 7-chloro-5-(o-chlorophenyl)-1,3-dihydro- 2H-1,4 benzodiazepin-2-one 7-chloro-1,3-dihydro-1-methyl-5-phenyl- 2H-1,4 benzodiazepin-2-one 8-chloro-6-phenyl-4H-s-triazolo[4,3- α][1,4]benzodiazepine 1-chloro-3-ethyl-1-penten-4-yn-3-ol 1-ethynylcyclohexanolcarbamate ethyl 7-chloro-5-(o-fluorophenyl)-2,3- dihydro-2-oxo-1H 1,4- benzodiazepine-3- carboxylate N-ethyl-α-methylphenethylamine 46 No. 2 of 2023] Controlled Substances International non-proprietary name or other non-proprietary name or trivial names Fencamfamin Fenproporex Fludiazepam Flurazepam Halazepam Haloxazolam Ketazolam Lefetamine Loprazolam Lorazepam Lormetazepam Mazindol Medazepam Mefenorex Meprobamate Mesocarb Methylphenobarbital Methyprylon Midazolam Nimetazepam Chemical name N-ethyl-3-phenyl-2-norbornanamine (±)-3-[(α- methylphenylethyl)amino]propionitrile 5 7-chloro-5-(o-fluorophenyl)-1,3-dihydro-1- methyl-2H-1,4 benzodiazepin-2-one 7-chloro-1-[2-(diethylamino)ethyl]-5-(o- dihydro-2H- fluorophenyl)-1,3 1,4-benzodiazepin-2-one 10 7-chloro-1,3-dihydro-5-phenyl-1-(2,2,2- trifluoroethyl)-2H- 1,4- benzodiazepin-2- one 10-bromo-11b-(o-fluorophenyl)-2,3,7,11b- tetrahydrooxazolo[3,2-d] [1,4]benzodiazepin-6(5H)-one 15 11-chloro-8,12b-dihydro-2,8-dimethyl-12b- phenyl-4H- [1,3]oxazino[3,2- d][1,4]benzodiazepin-4,7(6H)-dione (–)-N,N-dimethyl-1,2-diphenylethylamine 6-(o-chlorophenyl)-2,4-dihydro-2-[(4- methyl-1-piperazinyl) methylene]-8- nitro-1H-imidazo[1,2- α][1,4]benzodiazepin-1-one 7-chloro-5-(o-chlorophenyl)-1,3-dihydro-3- hydroxy-2H-1,4 benzodiazepin-2-one 7-chloro-5-(o-chlorophenyl)-1,3-dihydro-3- hydroxy-1 benzodiazepin-2-one methyl-2H-1,4- 5-(p-chlorophenyl)-2,5-dihydro-3H- imidazo[2,1-a]isoindol-5-ol 7-chloro-2,3-dihydro-1-methyl-5-phenyl- 1H-1,4 benzodiazepine N-(3-chloropropyl)-α- methylphenethylamine 2-methyl-2-propyl-1,3- propanedioldicarbamate 3-(á-methylphenethyl)-N- (phenylcarbamoyl)sydnone imine 5-ethyl-1-methyl-5-phenylbarbituric acid 3,3-diethyl-5-methyl-2,4-piperidine-dione 8-chloro-6-(o-fluorophenyl)-1-methyl-4H- imidazo[1,5 α][1,4]benzodiazepine 1,3-dihydro-1-methyl-7-nitro-5-phenyl- 2H-1,4 benzodiazepin-2-one Controlled Substances [No. 2 of 2023 47 International non-proprietary name or other non-proprietary name or trivial names Nitrazepam Nordazepam Oxazepam Oxazolam Pemoline Phenazepam Phendimetrazine Phenobarbital Phentermine Pinazepam Pipradrol Prazepam Pyrovalerone Secbutabarbital Temazepam Tetrazepam Triazolam Vinylbital Zolpidem Chemical name 1,3-dihydro-7-nitro-5-phenyl-2H-1,4- benzodiazepin-2-one 7-chloro-1,3-dihydro-5-phenyl-2H-1,4- benzodiazepin-2-one 7-chloro-1,3-dihydro-3-hydroxy-5-phenyl- 2H-1,4 benzodiazepin-2-one 10-chloro-2,3,7,11b-tetrahydro-2-methyl- 11b phenyloxazolo[3,2- d][1,4]benzodiazepin- 6(5H)-one 2-amino-5-phenyl-2-oxazolin-4-one 7-bromo-5-(2-chlorophenyl)-1,3-dihydro- 2H-1,4 benzodiazepin-2-one (+)-(2S,3S)-3,4-dimethyl-2- phenylmorpholine 5-ethyl-5-phenylbarbituric acid α,α-dimethylphenethylamine 7-chloro-1,3-dihydro-5-phenyl-1-(2- propynyl)-2H-1,4 benzodiazepin-2- one 1,1-diphenyl-1-(2-piperidyl)methanol 7-chloro-1-(cyclopropylmethyl)-1,3- dihydro-5-phenyl-2H- 1,4-benzodiazepin- 2-one 4’-methyl-2-(1-pyrrolidinyl)valerophenone 5-sec-butyl-5-ethylbarbituric acid 7-chloro-1,3-dihydro-3-hydroxy-1-methyl- 5-phenyl-2H-1,4 benzodiazepin-2-one 7-chloro-5-(1-cyclohexen-1-yl)-1,3- dihydro-1-methyl-2H- benzodiazepin-2-one 1,4- 8-chloro-6-(o-chlorophenyl)-1-methyl-4H- s-triazolo[4,3 a][1,4] benzodiazepine 5-(1-methylbutyl)-5-vinylbarbituric acid N,N,6-trimethyl-2-p-tolylimidazo[1,2- a]pyridine-3 acetamide 48 No. 2 of 2023] Controlled Substances FIFTH SCHEDULE (Sections 2, 21, 23, 26, 27 and 38) Precursor chemicals Name N-Acetylanthranilic acid 4-Anilino-N- phenethylpiperidine Name (ANPP) 2 Ephedrine Ergometrine Chemical names /descriptions (benzoic acid, 2-(acetylamino)-) (N-phenyl-1-(2- phenylethyl)piperidin-4-amine) Chemical names /descriptions ([R-(R*,S*)]-α-[1- (methylamino)ethyl]- benzenemethanol) (ergoline-8-carboxamide,9,10- didehydro-N-(2- hydroxy- 1-methylethyl)-6-methyl- [8ß(S)]) Ergotamine (ergotaman-3',6',18'-trione, 12'- Isosafrole Lysergic acid 3,4-Methylenedioxyphenyl-2- propanone Norephedrine N-Phenethyl-4-piperidone (NPP)2 Phenylacetic acid 1-Phenyl-2-propanone alpha-Phenylacetoacetonitrile (APAAN) Piperonal Pseudoephedrine benzenemethanol) Safrole Piperidine hydroxy-2'- methyl-5'- (phenylmethyl)-,(5α)) (1,3-benzodioxole,5-(1-propenyl)-) ((8ß)-9,10-didehydro-6- methylergoline-8- carboxylic acid) (2-propanone,1- [3,4(methylenedioxy)phenyl]-) (R*,S*)-α-(1- aminoethyl)benzenemethanol (1-(2-phenylethyl)-piperidin-4-one) (benzeneacetic acid) (1-phenyl-2-propanone) (3-oxo-2-phenylbutanenitrile) (1,3-benzodioxole-5- carboxaldehyde) ([S-(R*,R*)]-α-[1- (methylamino)ethyl]- (1,3-benzodioxole,5-(2-propenyl)-) Piperidine The salts of the substances listed in this part whenever the existence of such salts is possible This part may include preparations and substances that pose a potential threat to public health and includes anabolic steroids. Controlled Substances [No. 2 of 2023 49 Name Acetic anhydride SIXTH SCHEDULE (Section 2,5,26 and 38) Chemical names (acetic oxide) Potassium permanganate (permanganic acid (HMnO4), potassium salt) Ethyl ether Hydrochloric acid [1] Methyl ethyl ketone Sulphuric acid Toluene (1,1’-oxybis[ethane]) (hydrochloric acid) (2-butanone) (sulfuric acid) (benzene, methyl-) The salts of the substances listed in this part whenever the existence of such salts is possible (the salts of hydrochloric acid and sulphuric acid are specifically excluded) 5 0