{"id":7292,"date":"2025-01-27T08:15:50","date_gmt":"2025-01-27T08:15:50","guid":{"rendered":"https:\/\/www.mohcc.gov.zw\/?p=7292"},"modified":"2025-01-27T08:56:23","modified_gmt":"2025-01-27T08:56:23","slug":"dangerous-drugs-act-chapter-1502","status":"publish","type":"post","link":"https:\/\/www.mohcc.gov.zw\/?p=7292","title":{"rendered":"DANGEROUS DRUGS ACT Chapter 15:02"},"content":{"rendered":"<p style=\"text-align: center;\">Chapter 15:02<br \/>\nDANGEROUS DRUGS ACT<br \/>\nActs 28\/1955, 1\/1996, 22\/2001, 23\/2004.<br \/>\nSI\u2019s 93\/2010 and 161\/2012.<br \/>\nARRANGEMENT OF SECTIONS<br \/>\nPART I<br \/>\nPRELIMINARY<br \/>\nSection<br \/>\nPART II<br \/>\nCOCA LEAVES, INDIAN HEMP AND RAW OPIUM<br \/>\nPART III<br \/>\n[repealed by Act 23 of 2004 with effect from the 1st July, 2006.]<br \/>\nPART IV<br \/>\nMEDICINAL OPIUM, COCAINE, MORPHINE AND OTHER DRUGS<\/p>\n<p style=\"text-align: center;\">Chapter 15:02<br \/>\nDANGEROUS DRUGS ACT<br \/>\nActs 28\/1955, 1\/1996, 22\/2001, 23\/2004.<br \/>\nSI\u2019s 93\/2010 and 161\/2012.<br \/>\nARRANGEMENT OF SECTIONS<br \/>\nPART I<br \/>\nPRELIMINARY<br \/>\nSection<br \/>\nPART II<br \/>\nCOCA LEAVES, INDIAN HEMP AND RAW OPIUM<br \/>\nPART III<br \/>\n[repealed by Act 23 of 2004 with effect from the 1st July, 2006.]<br \/>\nPART IV<br \/>\nMEDICINAL OPIUM, COCAINE, MORPHINE AND OTHER DRUGS<br \/>\nPART V<br \/>\nCONTROL OF DANGEROUS DRUGS<br \/>\n[substituted by Act 23 of 2004 with effect from the 1st July, 2006.]<br \/>\nPART VI<br \/>\nGENERAL<br \/>\nAN ACT to control the importation, exportation, production, possession, sale, distribution and<br \/>\nuse of dangerous drugs; and to provide for matters incidental thereto.<br \/>\n[Date of commencement: 15th April, 1956.]<br \/>\nPART I<br \/>\nPRELIMINARY<br \/>\n1 Short title<br \/>\nThis Act may be cited as the Dangerous Drugs Act [Chapter 15:02].<br \/>\n2 Interpretation<br \/>\n(1) In this Act\u2014<br \/>\n\u201ccorresponding law\u201d means a law stated in a certificate purporting to be issued by or on behalf of<br \/>\nthe government of a country outside Zimbabwe to be a law providing for the control and regulation in<br \/>\nthat country of the manufacture, sale, use, export and import of drugs in accordance with the Hague<br \/>\nConvention, the Geneva Convention (No. 1) and the Geneva Convention (No. 2);<br \/>\n\u201c Director-General \u201d means the Director-General of the Medicines Control Authority of Zimbabwe<br \/>\nappointed in terms of section 26 of the Medicines and Allied Substances Control Act [Chapter 15:03];<br \/>\n\u201cGeneva Convention (No.1)\u201d means the International Opium Convention signed at Geneva on the<br \/>\n19th February, 1925;<br \/>\n\u201cGeneva Convention (No.2)\u201d means the International Convention for limiting the manufacture,<br \/>\nregulation and distribution of narcotic drugs signed at Geneva on the 13th July, 1931;<br \/>\n\u201cHague Convention\u201d means the International Opium Convention signed at the Hague on the 3rd<br \/>\nJanuary, 1912;<br \/>\n\u201cinspector\u201d means an inspector appointed in terms of section fifteen;<br \/>\n\u201cMinister\u201d means the Minister of Health and Child Welfare or any other Minister to whom the<br \/>\nPresident may, from time to time, assign the administration of this Act;<br \/>\n[By S.I. 161 of 2012 the Minister of Health and Child Welfare was re-assigned]<br \/>\n\u201cRegistrar\u201d<br \/>\n[Repealed by Act 1 of 1996 with effect from the 1st August, 1997.]<br \/>\n\u201cSecretary\u201d means the Secretary of the Ministry for which the Minister is responsible;<br \/>\n\u201cspecified police officer\u201d means any member of the Police Force of or above the rank of sergeant.<br \/>\n(2) In any certificate such as is referred to in the definition of \u201ccorresponding law\u201d in subsection (1),<br \/>\na statement as to the effect of the law mentioned in such certificate or a statement in any such<br \/>\ncertificate that any facts constitute an offence against that law shall be conclusive.<br \/>\n(3) Any word or expression to which a meaning has been assigned in Chapter VII (\u201cCrimes Involving<br \/>\nDangerous Drugs\u201d) of the Criminal Law Code shall have the same meaning when used in this Act.<br \/>\n[inserted by Act 23 of 2004 with effect from the 1st July, 2006]<br \/>\nPART II<br \/>\nCOCA LEAVES, INDIAN HEMP AND RAW OPIUM<br \/>\n3 Application of Part II<br \/>\nThis Part applies to any dangerous drug referred to in paragraph (a) of the definition of \u201c dangerous<br \/>\ndrug \u201d in section 155 of the Criminal Law Code [Chapter 9:23] (that is, any coca bush, coca leaf, raw<br \/>\nopium or cannabis plant).<br \/>\n[substituted by Act 23 of 2004 with effect from the 1st July, 2006]<br \/>\n4 . . . . .<br \/>\n5 . . . . .<br \/>\n[repealed by Act 23 of 2004 with effect from the 1st July, 2006]<br \/>\n6 Regulations<br \/>\n(1) The Minister may by regulation\u2014<br \/>\n(a) prohibit, control or restrict the production, possession, sale, use or distribution of drugs to<br \/>\nwhich this Part applies, and the cultivation of plants from which such drugs are derived;<br \/>\n(b) prescribe measures to be taken for the eradication of plants, to which regulations made<br \/>\nunder paragraph (a) apply, found to be growing wild.<br \/>\n(2) Any person who contravenes any provision of regulations made in terms of subsection (1) shall be<br \/>\nguilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not<br \/>\nexceeding ten years or to both such fine and such imprisonment.<br \/>\n[inserted by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\nPART III<br \/>\nPREPARED OPIUM AND PREPARED INDIAN HEMP<br \/>\n[repealed by Act 23 of 2004 with effect from the 1st July, 2006]<br \/>\nPART IV<br \/>\nMEDICINAL OPIUM, COCAINE, MORPHINE AND OTHER DRUGS<br \/>\n10 Application of this Part<br \/>\n(1) Save as is provided in Part V, the drugs to which this Part applies are the drugs specified in the<br \/>\nSchedule.<br \/>\n(2)<br \/>\n[repealed by Act 23 of 2004 with effect from the 1st July, 2006]<br \/>\n(3) The Minister may, by statutory instrument, apply this Part, with such modifications as may be<br \/>\nspecified, to any of the following drugs\u2014<br \/>\n(a) methylmorphine (commonly known as codeine); and<br \/>\n(b) ethylmorphine;<br \/>\nand their respective salts.<br \/>\n(4) If it is made to appear to the Minister that a finding with respect to a preparation containing any of<br \/>\nthe drugs to which this Part applies has, in pursuance of article 8 of the Geneva Convention (No.1),<br \/>\nbeen communicated by the Economic and Social Council of the United Nations to the parties to the<br \/>\nsaid Convention, the Minister may, by statutory instrument, declare that this Part shall, as from such<br \/>\ndate as may be specified in the notice, cease to apply to the preparation specified therein.<br \/>\n11 Restriction on import and export of drugs to which this Part applies<br \/>\n(1) No person shall import into or export from Zimbabwe any drugs to which this Part applies, except<br \/>\nunder and in accordance with the terms of a licence issued by the Minister.<br \/>\n(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not<br \/>\nexceeding level twelve or to imprisonment for a period not exceeding ten years or to both such fine<br \/>\nand such imprisonment.<br \/>\n[inserted by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\n12 Power to control manufacture, sale, etc., of drugs to which this Part applies<br \/>\n(1) For the purpose of preventing the improper use of the drugs to which this Part applies, the Minister<br \/>\nmay by regulation prohibit, control or restrict the manufacture, sale, possession or distribution of those<br \/>\ndrugs and in particular, but without prejudice to the generality of the foregoing\u2014<br \/>\n(a) prohibit the manufacture of any such drug except on premises licensed for the purpose by<br \/>\nthe Minister and subject to any conditions specified in the licence;<br \/>\n(b) prohibit the manufacture, sale or distribution of any such drug except by persons licensed<br \/>\nor otherwise authorized under the regulations by the Minister and subject to any conditions<br \/>\nspecified in the licence or authority;<br \/>\n(c) regulate the issue of prescriptions containing any such drug and the dispensing of any<br \/>\nsuch prescriptions;<br \/>\n(d) require persons engaged in the manufacture, sale or distribution of any such drug to keep<br \/>\nsuch books and furnish such information either in writing or otherwise as may be prescribed<br \/>\nby the regulations.<br \/>\n(2) Regulations made under this section shall provide for authorizing a person lawfully carrying on<br \/>\nbusiness in accordance with any law relating to pharmacy and poisons as an authorized seller of<br \/>\npoisons\u2014<br \/>\n(a) in the ordinary course of his retail business to manufacture, at any premises duly<br \/>\nregistered under any such law, any preparation, admixture or extract of a drug to which this<br \/>\nPart applies; or<br \/>\n(b) to carry on at any such premises as aforesaid the business of retailing, dispensing or<br \/>\ncompounding any such drug;<br \/>\nsubject to the power of the Minister to withdraw the authorization in the case of a person who has<br \/>\nbeen convicted of an offence against this Act and who cannot, in the opinion of the Minister, properly<br \/>\nbe allowed to carry on the business of manufacturing or selling or distributing, as the case may be,<br \/>\nany such drug.<br \/>\n(3) Nothing in any regulations made under this section shall be deemed to authorize the sale by retail<br \/>\nof poisons by a person who is not qualified in that behalf under or otherwise than in accordance with<br \/>\nany law relating to pharmacy and poisons or to be in derogation of practitioner any such law<br \/>\nprohibiting, restricting or regulating the sale of poisons.<br \/>\n(4) Any person who contravenes any provision of regulations made in terms of this section shall be<br \/>\nguilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not<br \/>\nexceeding ten years or to both such fine and such imprisonment.<br \/>\n[inserted by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\nPART V<br \/>\nCONTROL OF DANGEROUS DRUGS<br \/>\n[substituted by Act 23 of 2004 with effect from the 1st July, 2006]<br \/>\n13 Interpretation in Part V<br \/>\nIn this Part\u2014<br \/>\n\u201cthe 1961 Convention\u201d means the single Convention on Narcotic Drugs, 1961, as amended by the<br \/>\n1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;<br \/>\n\u201cthe 1971 Convention\u201d means the Convention on Psychotropic Substances, 1971;<br \/>\n\u201cthe 1988 Convention\u201d means the United Nations Convention Against Illicit Traffic in Narcotic Drugs<br \/>\nand Psychotropic Substances, 1988;<br \/>\n\u201cdangerous drug\u201d has the meaning given to that term in section 155 of the Criminal Law<br \/>\nCode[Chapter 9:23];<br \/>\n\u201cdangerous drugs crime\u201d means a crime specified in Chapter VII (\u201cCrimes Involving Dangerous<br \/>\nDrugs\u201d) of the Criminal Law Code[Chapter 9:23];<br \/>\n\u201cdeal in\u201d, in relation to a dangerous drug, includes to sell or to perform any act, whether as a<br \/>\nprincipal, agent, carrier, messenger or otherwise, in connection with the delivery, collection,<br \/>\nimportation, exportation, trans-shipment, supply, administration, manufacture, cultivation,<br \/>\nprocurement or transmission of such drug;<br \/>\n\u201cpolice district\u201d means an area designated by the Commissioner of Police as a police district for the<br \/>\npurposes of the administration of the Police Force;<br \/>\n\u201cscheduled drug\u201d means a drug specified in Part I or Part II of the Schedule and the term \u201c Part I<br \/>\nscheduled drug \u201d shall be construed accordingly.<br \/>\n14 Specification of dangerous drugs<br \/>\n(1) Part I of the Schedule specifies dangerous drugs in compliance with the 1961, 1971 and 1988<br \/>\nConventions<br \/>\n(2) Part II of the Schedule specifies other dangerous drugs.<br \/>\n(3) If it appears to the Minister that any derivative of morphine or cocaine or of any salts of morphine<br \/>\nor cocaine or any alkaloid of opium or any other drug of whatever kind not specified in Part I of the<br \/>\nSchedule\u2014<br \/>\n(a) is or is likely to be productive, if improperly used, of ill effects substantially of the same<br \/>\ncharacter or nature as or analogous to those produced by morphine or cocaine; or<br \/>\n(b) is capable of being converted into a substance which is likely to be productive, if<br \/>\nimproperly used, of such effects;<br \/>\nhe may, by notice in a statutory instrument, after consultation with the Authority, amend Part I of the<br \/>\nSchedule by specifying such derivative or alkaloid or drug.<br \/>\n(4) If it is made to appear to the Minister that, in pursuance of article 12 of the 1988 Convention, a<br \/>\ndecision by the Commission on Narcotic Drugs of the Economic and Social Council of the United<br \/>\nNations to include or delete from the annex to that Convention any substance has been<br \/>\ncommunicated by the Secretary-General of the United Nations to the parties to that Convention, the<br \/>\nMinister may, by notice in a statutory instrument, amend Part I of the Schedule by specifying or<br \/>\ndeleting such substance as a dangerous drug, as the case may be.<br \/>\n(5) Whenever the Authority considers it necessary or desirable in the public interest that any drug,<br \/>\nother than one specified in accordance with the 1988 Convention, should be prohibited absolutely, it<br \/>\nmay, by notice in a statutory instrument, after consultation with the Minister, amend *Part II of the<br \/>\nSchedule by specifying such drug, and may in like manner amend or revoke such specification.<br \/>\n[See this *Part below repealed and substituted by SI 93\/2010 Amendment Regulations (No.8) notified in terms of<br \/>\nthe above subsection (5) with effect from the 14th May, 2010.]<br \/>\n14A Restriction on import and export of dangerous drugs<br \/>\n(1) No person shall import into or export from Zimbabwe\u2014<br \/>\n(a) coca leaves, cannabis plant, raw opium or any drug specified in Part I of the Schedule<br \/>\nexcept under and in accordance with the terms of a licence issued by the Authority;<br \/>\n(b) prepared opium, prepared cannabis, cannabis resin or any drug specified in Part II of the<br \/>\nSchedule.<br \/>\n(2) Any person who contravenes subsection (1) shall be guilty of unlawful dealing in a dangerous<br \/>\ndrug as provided in section 156 of the Criminal Law Code[Chapter 9:23].<br \/>\n(3) If at any time the importation into a foreign country of a dangerous drug referred to in paragraph<br \/>\n(a) of subsection (1) is prohibited or restricted by the laws of that country, there shall, while that<br \/>\nprohibition or restriction is in force, be attached to every licence which is issued under this Act<br \/>\nauthorising the export of that drug from Zimbabwe, such conditions as appear necessary for<br \/>\npreventing or restricting, as the case may be, the exportation of that drug from Zimbabwe to that<br \/>\ncountry during such time as the importation of that drug into that country is so prohibited or restricted,<br \/>\nand any such licences issued before the prohibition or restriction came into force shall, if the Minister<br \/>\nby order so directs, be deemed to be subject to the like conditions.<br \/>\n14B Authority may restrict lawful possession, etc., of dangerous drugs in<br \/>\ncertain cases<br \/>\n(1) If any person who is a medical, dental or veterinary practitioner or pharmaceutical chemist or<br \/>\nother person who is authorised in terms of section 161 (\u201cPersons who may lawfully possess, deal in or<br \/>\nuse dangerous drugs\u201d) of the Criminal Law Code [Chapter 9:23] to lawfully possess, deal in or use a<br \/>\ndangerous drug\u2014<br \/>\n(a) is convicted of a dangerous drugs crime or an offence under the repealed Act or this Part;<br \/>\nor<br \/>\n(b) is considered by the Authority to be prescribing, administering or supplying any Part I<br \/>\nscheduled drug in an irresponsible manner;<br \/>\nthe Authority may, subject to this section, issue a direction to that person prohibiting him from<br \/>\nacquiring, possessing, prescribing, administering, manufacturing, compounding or supplying, as may<br \/>\nbe appropriate, such Part I scheduled drug for such period of time as the Authority shall specify in the<br \/>\ndirection.<br \/>\n(2) Before issuing any direction under subsection (1) the Authority shall direct the Director-General to<br \/>\ngive written notice to the person concerned of its intention to issue the direction.<br \/>\n(3) A notice given under subsection (2) shall\u2014<br \/>\n(a) specify the terms of the proposed direction and the grounds on which the Authority proposes to<br \/>\nissue it;<br \/>\n(b) indicate that the person to whom it is directed may within a calendar month of the receipt of the<br \/>\nnotice submit to the Director-General any comments he may wish to put forward in connection with<br \/>\nthe matter.<br \/>\n(4) If\u2014<br \/>\n(a) no comments are submitted under paragraph (b) of subsection (3); or<br \/>\n(b) after consideration of any comments submitted under paragraph (b) of subsection (3) the<br \/>\nAuthority decides to issue the direction;<br \/>\nthe Authority may direct the Director-General to issue the direction.<br \/>\n(5) any person aggrieved by a decision of the Authority to issue a direction under subsection (1) may,<br \/>\nwithin 30 days after the date of that decision, appeal to the Administrative Court, but in such case the<br \/>\ndirection shall continue to have effect until the appeal is determined.<br \/>\n(6) Any person subject to a direction issued under subsection (1) who contravenes the terms of the<br \/>\ndirection shall be guilty of contravening section 156 (\u201cUnlawful dealing in dangerous drugs\u201d) or 157<br \/>\n(\u201cUnlawful possession or use of dangerous drugs\u201d) of the Criminal Law Code [Chapter 9:23] with<br \/>\nrespect to the acquisition, possession, prescription, administration, manufacture, compounding or<br \/>\nsupply of the Part I scheduled drug specified in the direction.<br \/>\n14C Regulations under Part V<br \/>\n(1) For the purpose of preventing the improper use of dangerous drugs, the Minister may by<br \/>\nregulation prohibit, control or restrict the cultivation, manufacture, sale, possession or distribution of<br \/>\nthose drugs and, in particular, but without prejudice to the generality of the foregoing\u2014<br \/>\n(a) prohibit, control or restrict the cultivation, production, possession, sale, use or distribution<br \/>\nof coca bushes, cannabis plants and raw opium;<br \/>\n(b) prescribe measures to be taken for the eradication of plants, to which regulations made<br \/>\nunder paragraph (a) apply, found to be growing wild;<br \/>\n(c) prohibit the manufacture of a Part I scheduled drug except on premises licensed for the<br \/>\npurpose by the Authority and subject to any terms and conditions specified in the licence;<br \/>\n(d) prohibit the manufacture, sale or distribution of a Part I scheduled drug except by persons<br \/>\nlicensed or otherwise authorized under the regulations;<br \/>\n(e) require precautions for the safe custody of Part I scheduled drugs;<br \/>\n(f) require the packaging and labelling of Part I scheduled drugs and specify the manner of<br \/>\nsuch packaging and labelling;<br \/>\n(g) regulate the transport of Part I scheduled drugs and the methods used for destroying or<br \/>\notherwise disposing of such drugs when no longer required;<br \/>\n(h) regulate the issuing of prescriptions containing any Part I scheduled drug and the supply<br \/>\nof such drugs on prescription and the dispensing of any such prescriptions;<br \/>\n(i) require persons issuing or dispensing prescriptions containing Part I scheduled drugs to<br \/>\nfurnish to the Authority such information relating to those prescriptions as may be prescribed;<br \/>\n(j) require persons engaged in the manufacture, sale and distribution of any Part I scheduled<br \/>\ndrug to keep such books and furnish such information, either in writing or otherwise, as may<br \/>\nbe prescribed;<br \/>\n(k) require any medical practitioner treating a person whom he considers, or has reasonable<br \/>\ngrounds to suspect, is addicted to any dangerous drug, to furnish such particulars concerning<br \/>\nthat person to the Permanent Secretary responsible for health as may be prescribed;<br \/>\n(l) prohibit any medical practitioner from administering, supplying or authorising the<br \/>\nadministration and supply to persons addicted to any dangerous drug such drug, and from<br \/>\nprescribing for such persons such drug, except under and in accordance with the terms of a<br \/>\npermit issued by the Permanent Secretary responsible for health.<br \/>\n(m) regulate the fees payable for the issue or renewal or any licence, application or thing<br \/>\ndone in terms of this Part;<br \/>\n(n) make any contravention of the regulations an offence and impose a fine not exceeding<br \/>\nlevel six for any such contravention.<br \/>\n(2) Regulations made under this section shall provide for authorising a person lawfully carrying on<br \/>\nbusiness as a pharmaceutical chemist\u2014<br \/>\n(a) in the ordinary course of his retail business to manufacture, at any premises registered under<br \/>\nPart VI, any preparation, admixture or extract of a Part I scheduled drug;<br \/>\n(b) to carry on at any such premises the business of retailing, dispensing or compounding any such<br \/>\ndrug;<br \/>\nsubject to the power of the Authority to withdraw the authorisation in the case of a person who has<br \/>\nbeen convicted of a dangerous drugs crime, and who cannot, in the opinion of the Authority, properly<br \/>\nbe allowed to carry on the business of a manufacturing or selling or distributing, as the case may be,<br \/>\nsuch a drug.<br \/>\n14D Powers of search, seizure and forfeiture<br \/>\n(1) Notwithstanding anything to the contrary contained in any other enactment, and without<br \/>\nderogation from section sixteen, if any inspector, customs officer, or police officer above the rank of<br \/>\nsergeant (or below the rank of sergeant with the written authorisation of a police officer above the<br \/>\nrank of sergeant) has reasonable grounds for believing that any person is in unlawful possession of<br \/>\nany dangerous drug, he may, without a search warrant\u2014<br \/>\n(a) enter upon any land where such person is believed to be, and there require him to produce for<br \/>\nhis inspection such dangerous drug; or<br \/>\n(b) search such person or any animal in his possession, and enter and search any land, building,<br \/>\nvehicle, aircraft, train, vessel, or boat in the possession or use of such person:<br \/>\nProvided that\u2014<br \/>\n(i) a person shall be searched only by a person of like sex; and<br \/>\n(ii) such search shall be done with the strictest regard to decency and decorum;<br \/>\nand seize any dangerous drug in the possession of such person and, unless he is satisfied that such<br \/>\nperson will appear and answer any charge which may be preferred against him, arrest and detain<br \/>\nhim.<br \/>\n(2) Any inspector, customs officer or police officer above the rank of sergeant (or below the rank of<br \/>\nsergeant with the written authorisation of a police officer above the rank of sergeant) may at any time<br \/>\nenter upon and inspect any land, building or other structure on or in which plants, from which<br \/>\ndangerous drugs are derived, may be found, for the purpose of ascertaining if any such plants are<br \/>\nbeing cultivated in contravention of this Part or Chapter VII (\u201cCrimes involving dangerous drugs\u201d) of<br \/>\nthe Criminal Law Code [Chapter 9:23].<br \/>\n(3) If on any search or inspection made in terms of this section any dangerous drug, pipe, receptacle<br \/>\nor appliance for smoking or using the same or any plant which it is suspected upon reasonable<br \/>\ngrounds is being cultivated in contravention of this Part or Chapter VII (\u201cCrimes involving dangerous<br \/>\ndrugs\u201d) of the Criminal Law Code [Chapter 9:23]is found, it may be seized and removed, together with<br \/>\nany books, accounts or documents relating thereto.<br \/>\n(4) Any person who is arrested and detained and any dangerous drug or article which is seized in<br \/>\nterms of subsection (1) or (3) shall be taken as soon as practicable before a court of competent<br \/>\njurisdiction to be dealt with according to law.<br \/>\n(5) Any person who resists, hinders or obstructs an inspector or other person in the lawful exercise of<br \/>\nhis powers under this section shall be guilty of an offence and liable to a fine not exceeding level five<br \/>\nor to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.<br \/>\n(6) If on the trial of any person for contravening or failing to comply with any provision of this Act or<br \/>\nany condition of any authority or licence issued thereunder it is proved that any drug, pipe, receptacle,<br \/>\nappliance or plant seized under this section was produced, kept, used, sold, distributed or cultivated<br \/>\nin contravention of this Act, it shall be forfeited to the State.<br \/>\n14E Forfeiture on conviction, and prohibition from driving and flying<br \/>\n(1) Where any person is convicted of any dangerous drugs crime the court\u2014<br \/>\n(a) shall order that any drug to which the conviction relates be forfeited to the State, unless<br \/>\nthe drug is further required as an exhibit at a trial; and<br \/>\n(b) may order that any vehicle, aircraft, vessel, boat, animal, receptacle or thing in or upon<br \/>\nwhich such drug was found or was used for the purpose of or in connection with such drug,<br \/>\nbe forfeited to the State, and section 62 of the Criminal Procedure and Evidence Act [Chapter<br \/>\n9:07] shall thereupon apply, mutatis mutandis, in respect of the vehicle, aircraft, vessel, boat,<br \/>\nanimal, receptacle, container or thing.<br \/>\n(2) If it is established to the satisfaction of the court convicting a person of a dangerous drugs crime<br \/>\nthat the convicted person used any motor vehicle or aircraft to convey the drug to which the conviction<br \/>\nrelates, the court may order that the convicted person or, where the motor vehicle was driven or<br \/>\naircraft was flown by another person who was a participant or accomplice in or accessory to the<br \/>\ncrime, such other person, be prohibited from driving all classes of motor vehicles or flying all types of<br \/>\naircraft for a period not exceeding 15 years, as the case may be, and the appropriate provisions of<br \/>\nthe Road Traffic Act [Chapter 13:11] or the Civil Aviation Act [Chapter 13:16] shall apply, mutatis<br \/>\nmutandis, in respect of any such prohibition.<br \/>\n14F Safe custody of forfeited dangerous drugs<br \/>\n(1) Upon the conclusion of criminal proceedings resulting in the conviction of a person of a<br \/>\ndangerous drugs crime, the court shall order that any dangerous drugs forfeited to the State, other<br \/>\nthan cannabis, be delivered forthwith to the police officer in command of the police district where the<br \/>\ndrugs were seized for safe custody, and shall ensure that such police officer and the Director-General<br \/>\nare given full particulars of such drugs, including their quantity and any other relevant information.<br \/>\n(2) Pending their destruction in terms of section fourteen G, the Director-General shall store any<br \/>\ndrugs delivered to him under subsection (1) in a place of maximum security under his personal<br \/>\ncontrol, free from contamination by moisture or dust, and shall protect them from access by any other<br \/>\nperson, and keep and maintain them in such a safe manner as to avoid and prevent any deterioration<br \/>\nwhatsoever.<br \/>\n14G Destruction of forfeited dangerous drugs and articles<br \/>\n(1) Within 7 days of the receipt from the court of any consignment of forfeited dangerous drugs the<br \/>\npolice officer in command of the police district to whom any dangerous drugs are delivered in terms of<br \/>\nsection fourteen F (hereafter in this section called \u201c the custodian police officer \u201d) shall<br \/>\ncommunicate in writing to the Commissioner General of Police, the Director-General, the<br \/>\nCommissioner-General of the Zimbabwe Revenue Authority and the Attorney-General, the full<br \/>\nparticulars of such drugs, including their quantity and all other relevant information, which shall, in<br \/>\nevery material respect, correspond strictly with the particulars furnished to the custodian police officer<br \/>\nand the Director-General by the court at the time of delivery to him of the forfeited dangerous drugs.<br \/>\n(2) Within 14 days of the written communication referred to in subsection (1), the custodian police<br \/>\nofficer shall appoint a date and time, which shall not be before the expiry of the period within which an<br \/>\nappeal against the conviction concerned may be noted, for the total destruction by incineration of<br \/>\nsuch drugs:<br \/>\nProvided that, where an appeal has been noted, the drugs shall not be destroyed until such time as<br \/>\nthe appeal has been abandoned or determined, whereupon this subsection shall apply.<br \/>\n(3) For the purposes of subsection (2) there is hereby constituted a panel comprising a police officer<br \/>\nof or above the rank of superintendent designated by the Commissioner of Police, a senior customs<br \/>\nofficer designated by the Commissioner-General of the Zimbabwe Revenue Authority, the Director-<br \/>\nGeneral or an inspector designated by him and a senior official of the Ministry responsible for justice<br \/>\ndesignated by the Attorney-General, who shall, if they so decide whether on their own initiative or at<br \/>\nthe request of the custodian police officer concerned, assist the custodian police officer in the<br \/>\ndestruction of all dangerous drugs, other than cannabis plants, forfeited to the State.<br \/>\n(4) On the date and time appointed by the custodian police officer under subsection (2), the panel<br \/>\nreferred to in subsection (3) may attend to the destruction by incineration of the drugs concerned in<br \/>\nthe full view and presence of each other and, immediately thereafter, shall sign a joint declaration in<br \/>\nthe prescribed form, attesting to the total destruction of the drugs.<br \/>\n(5) Within 14 days of the destruction of any dangerous drugs forfeited to the State, the Director-<br \/>\nGeneral shall cause to be published in the Gazette for public information the joint declaration referred<br \/>\nto in subsection (4).<br \/>\n(6) Whenever the custodian police officer is prevented by illness or other reasonable cause from<br \/>\ndischarging his functions under this section, such functions shall be discharged by any police officer<br \/>\nof or above the rank of sergeant designated by the custodian police officer for that purpose.<br \/>\n(7) Cannabis or other article forfeited under this Part shall, unless the court otherwise directs, be<br \/>\nburned or otherwise destroyed in the presence of a specified police officer.<br \/>\n14H Forfeiture on acquittal or withdrawal of charge<br \/>\nAt the conclusion of any proceedings in connection with a dangerous drugs crime, resulting in the<br \/>\naccused being acquitted or the charge against him being withdrawn or otherwise dismissed, the court<br \/>\nshall order that any drug, other than cannabis, which was seized in connection with the proceedings,<br \/>\nshall be forfeited to the State, and sections fourteenF and fourteenG shall apply, mutatis mutandis, in<br \/>\nrelation to the drug:<br \/>\nProvided that, if the drug is further required as an exhibit at a trial, this section shall not apply in<br \/>\nrelation to the drug.<br \/>\n14J Forfeiture where no criminal proceedings are instituted<br \/>\nIf any dangerous drug, other than cannabis, has been seized by a police officer or any other public<br \/>\nofficer and no criminal proceedings are instituted in connection therewith and the drug is not further<br \/>\nrequired as an exhibit at a trial, the drug shall be forfeited to the State and the police officer or other<br \/>\npublic officer concerned shall deliver the drug to the Director-General as though the court had made<br \/>\nan order in respect of that drug under section fourteenG, and thereafter section fourteenH and shall<br \/>\napply, mutatis mutandis, in relation to the drug.<br \/>\nPART VI<br \/>\nGENERAL<br \/>\n15 Appointment of inspectors<br \/>\n(1) Subject to subsection (2), the Minister shall appoint 1 or more inspectors for the purpose of<br \/>\nenforcing this Act.<br \/>\n[ See Appointments gazetted on the 24th June, 2011 by GN 252\/11]<br \/>\n(2) No person shall be qualified for appointment as an inspector unless he is a person duly authorized<br \/>\nto act as a compounder or dispenser of poisons or drugs in terms of any law relating to pharmacy and<br \/>\npoisons.<br \/>\n16 Powers of inspection<br \/>\n(1) Any inspector shall, for enforcing this Act, have power at all reasonable times to enter the<br \/>\npremises on which any pharmaceutical chemist, general dealer or licensed manufacturer of any drug<br \/>\nto which this Act applies carries on business, and any premises owned or occupied by any person<br \/>\nauthorized to be in possession of any such drug, and to enter any other premises in which he has<br \/>\nreasonable cause to suspect that an offence against this Act has been committed, and in either case<br \/>\nshall have power to make such examination and inquiry and do such other things, including the<br \/>\nchecking of stocks and the taking, on payment therefor, of samples as may be necessary for<br \/>\nascertaining whether this Act is being complied with.<br \/>\n(2) All books, records and documents required to be kept by any person under this Act shall be open<br \/>\nto inspection by any police officer or by any other member of a police force authorized in writing by a<br \/>\nmagistrate or by a police officer.<br \/>\n(3) If any person wilfully delays or obstructs an inspector or a member of a police force in the exercise<br \/>\nof his powers under this section, or refuses to allow any sample to be taken in accordance with this<br \/>\nsection, or fails without reasonable excuse to give any information which he is duly required under this<br \/>\nsection to give, he shall be guilty of an offence and liable to a fine not exceeding level five or to<br \/>\nimprisonment for a period not exceeding six months or to both such fine and such imprisonment.<br \/>\n[amended by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\n17 [ repealed by Act 23 of 2004 with effect from the 1st July, 2006.]<br \/>\n18 Persons upon whom powers of inspection, etc., are conferred to produce<br \/>\nproof of identity<br \/>\nAny person upon whom powers of inspection, search, seizure or forfeiture are conferred under this<br \/>\nAct who fails on demand to produce\u2014<br \/>\n(a) in the case of an inspector, a certificate under the hand of the Secretary of his<br \/>\nappointment as an inspector;<br \/>\n(b) in the case of\u2014<br \/>\n(i) a customs officer; or<br \/>\n(ii) a specified police officer;<br \/>\nwho is not in uniform, proof of his identity;<br \/>\n(c) in the case of a police officer authorized in writing by a magistrate or by a specified police<br \/>\nofficer, to exercise those powers, his authority in writing;<br \/>\nshall not, save as is provided in subsection (4) of section seventeen, thereafter be entitled to exercise<br \/>\nthose powers until he has produced that certificate, proof of identity or authority in writing, as the case<br \/>\nmay be.<br \/>\n19 Offences and penalties<br \/>\n(1) Subject to this section, any person\u2014<br \/>\n(a)<br \/>\n[repealed by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\n(b) who acts in contravention of or fails to comply with the conditions of a licence issued or<br \/>\nauthority granted under or in pursuance of this Act; or<br \/>\n(c) who for the purpose of obtaining, whether for himself or for any other person, the issue,<br \/>\ngrant or renewal of any such licence or authority as aforesaid makes a declaration or<br \/>\nstatement which is false in any particular, or knowingly utters, produces or makes use of any<br \/>\nsuch declaration or statement or a document containing the same; or<br \/>\n(d)<br \/>\n[repealed by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\nshall be guilty of an offence and, subject to subsection (3), liable to a fine not exceeding level seven<br \/>\nor to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.<br \/>\n[amended by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\n(2) (3)<br \/>\n[repealed by Act 23 of 2004 with effect from the 1st July, 2006.]]<br \/>\n(4)<br \/>\n[repealed by Act 22 of 2001 with effect from 10 September, 2002]]<br \/>\n(5) Any person who is convicted of any offence in terms of subsection (1) which involves a<br \/>\ncontravention of any provision of this Act relating to the keeping of books or the issuing or dispensing<br \/>\nof prescriptions containing any drug to which this Act applies shall be liable to a fine not exceeding\u2014<br \/>\n(a) for a first such offence, level four or 8imprisonment for a period not exceeding thee<br \/>\nmonths or to both such fine and such imprisonment.<br \/>\n(b) for a second and subsequent such offence, level six or imprisonment for a period not<br \/>\nexceeding twelve months or to both such fine and such imprisonment.<br \/>\n[amended by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\n(6) Indian hemp or other article forfeited under this Act shall, unless the court otherwise directs, be<br \/>\nburned or otherwise destroyed in the presence of a specified police officer.<br \/>\n(7)<br \/>\n[repealed by Act 23 of 2004 with effect from the 1st July, 2006.]<br \/>\n19A Offences involving juveniles<br \/>\nWhere an offence of which a person is convicted under this Act involves\u2014<br \/>\n(a) unlawfully supplying a drug to or procuring a drug for a person under the age of 18 years,<br \/>\nor offering so to supply or procure a drug; or<br \/>\n(b) inciting or influencing a person under the age of 18 years unlawfully to smoke or use any<br \/>\ndrug in contravention of Part III;<br \/>\nthe court shall have regard to that fact as an aggravating feature when imposing sentence on the<br \/>\nconvicted person.<br \/>\n[inserted by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\n20 to 25<br \/>\n[repealed by Act 23 of 2004 with effect from the 1st July, 2006.]<br \/>\n26 Power of arrest<br \/>\nAny police officer may arrest without warrant a person who has committed, or attempted to commit, or<br \/>\nis reasonably suspected by the police officer of having committed or attempted to commit an offence<br \/>\nagainst this Act if he has reasonable grounds for believing that that person will abscond unless<br \/>\narrested, or if the name and address of that person are unknown to, and cannot be ascertained by,<br \/>\nhim.<br \/>\n27 Licences and authorities<br \/>\n(1) A licence or authority issued for the purposes of this Act by the Minister may be issued on such<br \/>\nterms and subject to such conditions, including, in the case of a licence, the payment of a fee, as the<br \/>\nMinister may fix.<br \/>\n(2) Whenever the Minister is empowered under any provision of this Act to issue any licence or<br \/>\nauthority, he may delegate to the Secretary such power, subject to the right of any person to whom<br \/>\nthe issue of such licence or authority has been refused to appeal in writing to the Minister against<br \/>\nsuch refusal.<br \/>\nSCHEDULE (Section 14)<br \/>\nSCHEDULED DRUGS<br \/>\n[Substituted by Act 23 of 2004 with effect from the 1st July, 2006]<br \/>\nPART I<br \/>\nDANGEROUS DRUGS SPECIFIED IN COMPLIANCE WITH<br \/>\n1961, 1971 AND 1988 CONVENTIONS<br \/>\n1. The following substances or plants, namely\u2014<br \/>\nAcetorphine; Acetyldihydrocodeine; Acetylmethadol; Alfentanil; Allylprodine; Alphacetylmethadol;<br \/>\nAlphameprodine; Alphamethadol; Alphaprodine; Anileridine.<br \/>\nBenzethidine; Benzylmorphine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprod;<br \/>\nBezitramide.<br \/>\nDesomorphine; Dextromoramide; Dextropropoxyphene; Diampromide; Diethylthiambutene; Difenoxin<br \/>\n(or diphenoxylic acid), except mixtures containing, per dosage unit, not more than 0,5 milligrams of<br \/>\ndifenoxin, calculated as the base, and a quantity of atropine sulphate equal to at 5,0 per cent of the<br \/>\nquantity of difenoxin, calculated as the base, which is present in the mixture; Dihydromorphine;<br \/>\nDimenoxadol; Dimepheptanol; Dimethylthiambutene; Dioxaphetylbutyrate; Diphenoxylate, except<br \/>\npreparations containing not more than 2,5 milligrams of diphenoxylate, calculated as the base, and<br \/>\nnot less than 25 micrograms of atropine sulphate per dosage unit; Dronabinol [(-) transdelta-9-<br \/>\ntetrahydrocannabinol]; Drotebanol.<br \/>\nEcgonine and the esters and derivatives thereof which are convertible to ecgonine and cocaine;<br \/>\nEthylmethylthiambutene; Ethylmorphine; Etonitazene; Etorphine; Etoxeridine.<br \/>\nFentanyl; Furethidine.<br \/>\nHydrocodone (dihydrocodeinone); Hydromorphinol (14- hydroxydihydromorphine); Hydromorphone<br \/>\n(dihydromorphinone); Hydroxypethidine.<br \/>\nIsomethadone.<br \/>\nKetobemidone.<br \/>\nLevomoramide; Levophenacylmorphan; Levorphanol.<br \/>\nMefenorex; Metazocine; Methadone; Methadone-intermediate; Methorphan, including<br \/>\nlevomethorphan and racemethorphan, but excluding dextromethorphan; Methyldesorphine;<br \/>\nMethyldihydromorphine; Methylphenidate and the derivatives thereof; Metopon; Moramide-<br \/>\nintermediate; Morpheridine; Morphine, except preparations and mixtures of morphine containing not<br \/>\nmore than 0,2 per cent of morphine, calculated as anhydrous morphine; Morphine methobromide and<br \/>\nother pentavalent nitrogen morphine derivatives; Morphine-N-oxide and the derivatives thereof.;<br \/>\nMyrophine (myristylbenzylmorphine).<br \/>\nNicocodine; Nicodicodine; Nicomorphine; Noracymethadol; Norcodeine, except preparations and<br \/>\nmixtures containing not more than 20 milligrams norcodeine per recommended or prescribed dose;<br \/>\nNorlevorphanol; Normethadone; Normorphine (demethylmorphine or N-demethylated morphine);<br \/>\nNorpipanone.<br \/>\nOpium and opiates and any salt, compound, derivative or preparation of opium or opiates, whether<br \/>\nobtained directly or indirectly by extraction from material or substances obtained from plants, or<br \/>\nobtained independently by chemical synthesis, or by a combination of extraction and chemical<br \/>\nsynthesis, except mixture containing not more than 0,2 per cent or morphine, calculated as anhydrous<br \/>\nmorphine; Opium-poppy and poppy straw, whether obtained directly or indirectly by extraction from<br \/>\nmaterial or substances obtained from plants, or whether obtained independently by chemical<br \/>\nsynthesis, or by a combination of extraction and chemical synthesis; Oxycodone (14-<br \/>\nhydroxydihydrocodeinone or dihydrohydroxycodeinone); Oxymorphone (14-<br \/>\nhydroxydihydromorphinone or dihydrohydroxymorphinone).<br \/>\nPethidine, pethidine-intermediate A, pethidine-intermediate B and pethidine-intermediate C;<br \/>\nPhenadoxone; Phenampromide; Phenazocine; Phenomorphan; Phenoperidine; Piminodine;<br \/>\nPiritramide; Proheptazine; Properidine; Propiram.<br \/>\nRacemoramide; Racemorphan.<br \/>\nSufentanil.<br \/>\nThebacon; Thebaine; Tilidine; Trimeperidine.<br \/>\n2. Unless expressly excluded, all substances included in this Part include the following:<br \/>\n(a) the isomers of the specified substances, where the existence of such isomers is possible;<br \/>\n(b) the esters and ethers of the specified substances and of the isomers referred to in<br \/>\nsubparagraph (a), as well as the isomers of such esters and ethers, where the existence of<br \/>\nsuch esters, ethers and isomers is possible;<br \/>\n(c) the salts of the specified substances, of the isomers referred to in subparagraph (a) and<br \/>\nof the esters, ethers and isomers referred to in subparagraph (b), as well as the isomers of<br \/>\nsuch salts, where the existence of such salts and isomers is possible; and<br \/>\n(d) all preparations and mixtures of the specified substances and of the isomers, esters,<br \/>\nethers and salts referred to in this paragraph.<br \/>\nPART II<br \/>\n[Substituted by SI 93\/2010 Amendment Regulations (No.8) notified in terms of Section 14(5) above with effect<br \/>\nfrom the 14th May, 2010.]<br \/>\nPROHIBITED DRUGS<br \/>\nBufotenine;<br \/>\nBrolamfetamine (DOB);<br \/>\nCatha, also known as Abyssinian. African. or Arabian Tea. Kat. Kath. Khat. or Miraa;<br \/>\nCathine. all isomers and their stereochemical variants:<br \/>\nCathinone, all isomers and their stereochemical variants:<br \/>\nCocaine, also known as Basuco. Bazooka. Bernice. Blow. C. Charlie. Coke. Crack. Flake, Girl. Gold<br \/>\ndust. Her, Lady, Leal. Nose candy. Pasta. Rock. She. Snow, Space dust, Toot. White girl. White Lady:<br \/>\nDET;<br \/>\nDMA;<br \/>\nDMHP;<br \/>\nDMT;<br \/>\nDOET;<br \/>\nEticyclidine (PCE);<br \/>\nEtryptamine;<br \/>\nGlutethimide;<br \/>\nLysergamide;<br \/>\nLysergide and other N-alkyle derivatives of lasergamide. including the drug commonly known as LSD.<br \/>\nbut not including methysergide malcate:<br \/>\nMescaline;<br \/>\nMethcathinone;<br \/>\n4-methylaminorex;<br \/>\nMMDA;<br \/>\n4-MTA;<br \/>\nMethaqualone. also known as Mandrax:<br \/>\nMethylenedioxymethamphetamine, also known as Adam, E Ecstasy, M&amp;M. MDM. MDMA and XTC:<br \/>\nMethyprylon;<br \/>\nN.N-Diethyltryptamine;<br \/>\nParahexyl;<br \/>\nPMA;<br \/>\nPsilocine, psilotsin;<br \/>\nPsilocybine;<br \/>\nRolicyclidine (PHP, PCPY);<br \/>\nSTP, DOM;<br \/>\nTenamfetamine (MDA);<br \/>\nTenocyclidine (TCP);<br \/>\nTetrahydrocannabinols, all isomers and tier stereochemical variants;<br \/>\nTMA; and<br \/>\nAny stereoisomeric form, ester, ether or salt of a substance prohibited under this Act and any<br \/>\npreparation containing any proportion of the above-mentioned drugs.<br \/>\n1 Short title<br \/>\nThis Act may be cited as the Dangerous Drugs Act [Chapter 15:02].<br \/>\n2 Interpretation<br \/>\n(1) In this Act\u2014<br \/>\n\u201ccorresponding law\u201d means a law stated in a certificate purporting to be issued by or on behalf of<br \/>\nthe government of a country outside Zimbabwe to be a law providing for the control and regulation in<br \/>\nthat country of the manufacture, sale, use, export and import of drugs in accordance with the Hague<br \/>\nConvention, the Geneva Convention (No. 1) and the Geneva Convention (No. 2);<br \/>\n\u201c Director-General \u201d means the Director-General of the Medicines Control Authority of Zimbabwe<br \/>\nappointed in terms of section 26 of the Medicines and Allied Substances Control Act [Chapter 15:03];<br \/>\n\u201cGeneva Convention (No.1)\u201d means the International Opium Convention signed at Geneva on the<br \/>\n19th February, 1925;<br \/>\n\u201cGeneva Convention (No.2)\u201d means the International Convention for limiting the manufacture,<br \/>\nregulation and distribution of narcotic drugs signed at Geneva on the 13th July, 1931;<br \/>\n\u201cHague Convention\u201d means the International Opium Convention signed at the Hague on the 3rd<br \/>\nJanuary, 1912;<br \/>\n\u201cinspector\u201d means an inspector appointed in terms of section fifteen;<br \/>\n\u201cMinister\u201d means the Minister of Health and Child Welfare or any other Minister to whom the<br \/>\nPresident may, from time to time, assign the administration of this Act;<br \/>\n[By S.I. 161 of 2012 the Minister of Health and Child Welfare was re-assigned]<br \/>\n\u201cRegistrar\u201d<br \/>\n[Repealed by Act 1 of 1996 with effect from the 1st August, 1997.]<br \/>\n\u201cSecretary\u201d means the Secretary of the Ministry for which the Minister is responsible;<br \/>\n\u201cspecified police officer\u201d means any member of the Police Force of or above the rank of sergeant.<br \/>\n(2) In any certificate such as is referred to in the definition of \u201ccorresponding law\u201d in subsection (1),<br \/>\na statement as to the effect of the law mentioned in such certificate or a statement in any such<br \/>\ncertificate that any facts constitute an offence against that law shall be conclusive.<br \/>\n(3) Any word or expression to which a meaning has been assigned in Chapter VII (\u201cCrimes Involving<br \/>\nDangerous Drugs\u201d) of the Criminal Law Code shall have the same meaning when used in this Act.<br \/>\n[inserted by Act 23 of 2004 with effect from the 1st July, 2006]<br \/>\n3 Application of Part II<br \/>\nThis Part applies to any dangerous drug referred to in paragraph (a) of the definition of \u201c dangerous<br \/>\ndrug \u201d in section 155 of the Criminal Law Code [Chapter 9:23] (that is, any coca bush, coca leaf, raw<br \/>\nopium or cannabis plant).<br \/>\n[substituted by Act 23 of 2004 with effect from the 1st July, 2006]<br \/>\n4 . . . . .<br \/>\n5 . . . . .<br \/>\n[repealed by Act 23 of 2004 with effect from the 1st July, 2006]<br \/>\n6 Regulations<br \/>\n(1) The Minister may by regulation\u2014<br \/>\n(a) prohibit, control or restrict the production, possession, sale, use or distribution of drugs to<br \/>\nwhich this Part applies, and the cultivation of plants from which such drugs are derived;<br \/>\n(b) prescribe measures to be taken for the eradication of plants, to which regulations made<br \/>\nunder paragraph (a) apply, found to be growing wild.<br \/>\n(2) Any person who contravenes any provision of regulations made in terms of subsection (1) shall be<br \/>\nguilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not<br \/>\nexceeding ten years or to both such fine and such imprisonment.<br \/>\n[inserted by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\nPART III<br \/>\nPREPARED OPIUM AND PREPARED INDIAN HEMP<br \/>\n[repealed by Act 23 of 2004 with effect from the 1st July, 2006]<br \/>\n10 Application of this Part<br \/>\n(1) Save as is provided in Part V, the drugs to which this Part applies are the drugs specified in the<br \/>\nSchedule.<br \/>\n(2)<br \/>\n[repealed by Act 23 of 2004 with effect from the 1st July, 2006]<br \/>\n(3) The Minister may, by statutory instrument, apply this Part, with such modifications as may be<br \/>\nspecified, to any of the following drugs\u2014<br \/>\n(a) methylmorphine (commonly known as codeine); and<br \/>\n(b) ethylmorphine;<br \/>\nand their respective salts.<br \/>\n(4) If it is made to appear to the Minister that a finding with respect to a preparation containing any of<br \/>\nthe drugs to which this Part applies has, in pursuance of article 8 of the Geneva Convention (No.1),<br \/>\nbeen communicated by the Economic and Social Council of the United Nations to the parties to the<br \/>\nsaid Convention, the Minister may, by statutory instrument, declare that this Part shall, as from such<br \/>\ndate as may be specified in the notice, cease to apply to the preparation specified therein.<br \/>\n11 Restriction on import and export of drugs to which this Part applies<br \/>\n(1) No person shall import into or export from Zimbabwe any drugs to which this Part applies, except<br \/>\nunder and in accordance with the terms of a licence issued by the Minister.<br \/>\n(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not<br \/>\nexceeding level twelve or to imprisonment for a period not exceeding ten years or to both such fine<br \/>\nand such imprisonment.<br \/>\n[inserted by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\n12 Power to control manufacture, sale, etc., of drugs to which this Part applies<br \/>\n(1) For the purpose of preventing the improper use of the drugs to which this Part applies, the Minister<br \/>\nmay by regulation prohibit, control or restrict the manufacture, sale, possession or distribution of those<br \/>\ndrugs and in particular, but without prejudice to the generality of the foregoing\u2014<br \/>\n(a) prohibit the manufacture of any such drug except on premises licensed for the purpose by<br \/>\nthe Minister and subject to any conditions specified in the licence;<br \/>\n(b) prohibit the manufacture, sale or distribution of any such drug except by persons licensed<br \/>\nor otherwise authorized under the regulations by the Minister and subject to any conditions<br \/>\nspecified in the licence or authority;<br \/>\n(c) regulate the issue of prescriptions containing any such drug and the dispensing of any<br \/>\nsuch prescriptions;<br \/>\n(d) require persons engaged in the manufacture, sale or distribution of any such drug to keep<br \/>\nsuch books and furnish such information either in writing or otherwise as may be prescribed<br \/>\nby the regulations.<br \/>\n(2) Regulations made under this section shall provide for authorizing a person lawfully carrying on<br \/>\nbusiness in accordance with any law relating to pharmacy and poisons as an authorized seller of<br \/>\npoisons\u2014<br \/>\n(a) in the ordinary course of his retail business to manufacture, at any premises duly<br \/>\nregistered under any such law, any preparation, admixture or extract of a drug to which this<br \/>\nPart applies; or<br \/>\n(b) to carry on at any such premises as aforesaid the business of retailing, dispensing or<br \/>\ncompounding any such drug;<br \/>\nsubject to the power of the Minister to withdraw the authorization in the case of a person who has<br \/>\nbeen convicted of an offence against this Act and who cannot, in the opinion of the Minister, properly<br \/>\nbe allowed to carry on the business of manufacturing or selling or distributing, as the case may be,<br \/>\nany such drug.<br \/>\n(3) Nothing in any regulations made under this section shall be deemed to authorize the sale by retail<br \/>\nof poisons by a person who is not qualified in that behalf under or otherwise than in accordance with<br \/>\nany law relating to pharmacy and poisons or to be in derogation of practitioner any such law<br \/>\nprohibiting, restricting or regulating the sale of poisons.<br \/>\n(4) Any person who contravenes any provision of regulations made in terms of this section shall be<br \/>\nguilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not<br \/>\nexceeding ten years or to both such fine and such imprisonment.<br \/>\n[inserted by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\nPART V<br \/>\nCONTROL OF DANGEROUS DRUGS<br \/>\n[substituted by Act 23 of 2004 with effect from the 1st July, 2006]<br \/>\n13 Interpretation in Part V<br \/>\nIn this Part\u2014<br \/>\n\u201cthe 1961 Convention\u201d means the single Convention on Narcotic Drugs, 1961, as amended by the<br \/>\n1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;<br \/>\n\u201cthe 1971 Convention\u201d means the Convention on Psychotropic Substances, 1971;<br \/>\n\u201cthe 1988 Convention\u201d means the United Nations Convention Against Illicit Traffic in Narcotic Drugs<br \/>\nand Psychotropic Substances, 1988;<br \/>\n\u201cdangerous drug\u201d has the meaning given to that term in section 155 of the Criminal Law<br \/>\nCode[Chapter 9:23];<br \/>\n\u201cdangerous drugs crime\u201d means a crime specified in Chapter VII (\u201cCrimes Involving Dangerous<br \/>\nDrugs\u201d) of the Criminal Law Code[Chapter 9:23];<br \/>\n\u201cdeal in\u201d, in relation to a dangerous drug, includes to sell or to perform any act, whether as a<br \/>\nprincipal, agent, carrier, messenger or otherwise, in connection with the delivery, collection,<br \/>\nimportation, exportation, trans-shipment, supply, administration, manufacture, cultivation,<br \/>\nprocurement or transmission of such drug;<br \/>\n\u201cpolice district\u201d means an area designated by the Commissioner of Police as a police district for the<br \/>\npurposes of the administration of the Police Force;<br \/>\n\u201cscheduled drug\u201d means a drug specified in Part I or Part II of the Schedule and the term \u201c Part I<br \/>\nscheduled drug \u201d shall be construed accordingly.<br \/>\n14 Specification of dangerous drugs<br \/>\n(1) Part I of the Schedule specifies dangerous drugs in compliance with the 1961, 1971 and 1988<br \/>\nConventions<br \/>\n(2) Part II of the Schedule specifies other dangerous drugs.<br \/>\n(3) If it appears to the Minister that any derivative of morphine or cocaine or of any salts of morphine<br \/>\nor cocaine or any alkaloid of opium or any other drug of whatever kind not specified in Part I of the<br \/>\nSchedule\u2014<br \/>\n(a) is or is likely to be productive, if improperly used, of ill effects substantially of the same<br \/>\ncharacter or nature as or analogous to those produced by morphine or cocaine; or<br \/>\n(b) is capable of being converted into a substance which is likely to be productive, if<br \/>\nimproperly used, of such effects;<br \/>\nhe may, by notice in a statutory instrument, after consultation with the Authority, amend Part I of the<br \/>\nSchedule by specifying such derivative or alkaloid or drug.<br \/>\n(4) If it is made to appear to the Minister that, in pursuance of article 12 of the 1988 Convention, a<br \/>\ndecision by the Commission on Narcotic Drugs of the Economic and Social Council of the United<br \/>\nNations to include or delete from the annex to that Convention any substance has been<br \/>\ncommunicated by the Secretary-General of the United Nations to the parties to that Convention, the<br \/>\nMinister may, by notice in a statutory instrument, amend Part I of the Schedule by specifying or<br \/>\ndeleting such substance as a dangerous drug, as the case may be.<br \/>\n(5) Whenever the Authority considers it necessary or desirable in the public interest that any drug,<br \/>\nother than one specified in accordance with the 1988 Convention, should be prohibited absolutely, it<br \/>\nmay, by notice in a statutory instrument, after consultation with the Minister, amend *Part II of the<br \/>\nSchedule by specifying such drug, and may in like manner amend or revoke such specification.<br \/>\n[See this *Part below repealed and substituted by SI 93\/2010 Amendment Regulations (No.8) notified in terms of<br \/>\nthe above subsection (5) with effect from the 14th May, 2010.]<br \/>\n14A Restriction on import and export of dangerous drugs<br \/>\n(1) No person shall import into or export from Zimbabwe\u2014<br \/>\n(a) coca leaves, cannabis plant, raw opium or any drug specified in Part I of the Schedule<br \/>\nexcept under and in accordance with the terms of a licence issued by the Authority;<br \/>\n(b) prepared opium, prepared cannabis, cannabis resin or any drug specified in Part II of the<br \/>\nSchedule.<br \/>\n(2) Any person who contravenes subsection (1) shall be guilty of unlawful dealing in a dangerous<br \/>\ndrug as provided in section 156 of the Criminal Law Code[Chapter 9:23].<br \/>\n(3) If at any time the importation into a foreign country of a dangerous drug referred to in paragraph<br \/>\n(a) of subsection (1) is prohibited or restricted by the laws of that country, there shall, while that<br \/>\nprohibition or restriction is in force, be attached to every licence which is issued under this Act<br \/>\nauthorising the export of that drug from Zimbabwe, such conditions as appear necessary for<br \/>\npreventing or restricting, as the case may be, the exportation of that drug from Zimbabwe to that<br \/>\ncountry during such time as the importation of that drug into that country is so prohibited or restricted,<br \/>\nand any such licences issued before the prohibition or restriction came into force shall, if the Minister<br \/>\nby order so directs, be deemed to be subject to the like conditions.<br \/>\n14B Authority may restrict lawful possession, etc., of dangerous drugs in<br \/>\ncertain cases<br \/>\n(1) If any person who is a medical, dental or veterinary practitioner or pharmaceutical chemist or<br \/>\nother person who is authorised in terms of section 161 (\u201cPersons who may lawfully possess, deal in or<br \/>\nuse dangerous drugs\u201d) of the Criminal Law Code [Chapter 9:23] to lawfully possess, deal in or use a<br \/>\ndangerous drug\u2014<br \/>\n(a) is convicted of a dangerous drugs crime or an offence under the repealed Act or this Part;<br \/>\nor<br \/>\n(b) is considered by the Authority to be prescribing, administering or supplying any Part I<br \/>\nscheduled drug in an irresponsible manner;<br \/>\nthe Authority may, subject to this section, issue a direction to that person prohibiting him from<br \/>\nacquiring, possessing, prescribing, administering, manufacturing, compounding or supplying, as may<br \/>\nbe appropriate, such Part I scheduled drug for such period of time as the Authority shall specify in the<br \/>\ndirection.<br \/>\n(2) Before issuing any direction under subsection (1) the Authority shall direct the Director-General to<br \/>\ngive written notice to the person concerned of its intention to issue the direction.<br \/>\n(3) A notice given under subsection (2) shall\u2014<br \/>\n(a) specify the terms of the proposed direction and the grounds on which the Authority proposes to<br \/>\nissue it;<br \/>\n(b) indicate that the person to whom it is directed may within a calendar month of the receipt of the<br \/>\nnotice submit to the Director-General any comments he may wish to put forward in connection with<br \/>\nthe matter.<br \/>\n(4) If\u2014<br \/>\n(a) no comments are submitted under paragraph (b) of subsection (3); or<br \/>\n(b) after consideration of any comments submitted under paragraph (b) of subsection (3) the<br \/>\nAuthority decides to issue the direction;<br \/>\nthe Authority may direct the Director-General to issue the direction.<br \/>\n(5) any person aggrieved by a decision of the Authority to issue a direction under subsection (1) may,<br \/>\nwithin 30 days after the date of that decision, appeal to the Administrative Court, but in such case the<br \/>\ndirection shall continue to have effect until the appeal is determined.<br \/>\n(6) Any person subject to a direction issued under subsection (1) who contravenes the terms of the<br \/>\ndirection shall be guilty of contravening section 156 (\u201cUnlawful dealing in dangerous drugs\u201d) or 157<br \/>\n(\u201cUnlawful possession or use of dangerous drugs\u201d) of the Criminal Law Code [Chapter 9:23] with<br \/>\nrespect to the acquisition, possession, prescription, administration, manufacture, compounding or<br \/>\nsupply of the Part I scheduled drug specified in the direction.<br \/>\n14C Regulations under Part V<br \/>\n(1) For the purpose of preventing the improper use of dangerous drugs, the Minister may by<br \/>\nregulation prohibit, control or restrict the cultivation, manufacture, sale, possession or distribution of<br \/>\nthose drugs and, in particular, but without prejudice to the generality of the foregoing\u2014<br \/>\n(a) prohibit, control or restrict the cultivation, production, possession, sale, use or distribution<br \/>\nof coca bushes, cannabis plants and raw opium;<br \/>\n(b) prescribe measures to be taken for the eradication of plants, to which regulations made<br \/>\nunder paragraph (a) apply, found to be growing wild;<br \/>\n(c) prohibit the manufacture of a Part I scheduled drug except on premises licensed for the<br \/>\npurpose by the Authority and subject to any terms and conditions specified in the licence;<br \/>\n(d) prohibit the manufacture, sale or distribution of a Part I scheduled drug except by persons<br \/>\nlicensed or otherwise authorized under the regulations;<br \/>\n(e) require precautions for the safe custody of Part I scheduled drugs;<br \/>\n(f) require the packaging and labelling of Part I scheduled drugs and specify the manner of<br \/>\nsuch packaging and labelling;<br \/>\n(g) regulate the transport of Part I scheduled drugs and the methods used for destroying or<br \/>\notherwise disposing of such drugs when no longer required;<br \/>\n(h) regulate the issuing of prescriptions containing any Part I scheduled drug and the supply<br \/>\nof such drugs on prescription and the dispensing of any such prescriptions;<br \/>\n(i) require persons issuing or dispensing prescriptions containing Part I scheduled drugs to<br \/>\nfurnish to the Authority such information relating to those prescriptions as may be prescribed;<br \/>\n(j) require persons engaged in the manufacture, sale and distribution of any Part I scheduled<br \/>\ndrug to keep such books and furnish such information, either in writing or otherwise, as may<br \/>\nbe prescribed;<br \/>\n(k) require any medical practitioner treating a person whom he considers, or has reasonable<br \/>\ngrounds to suspect, is addicted to any dangerous drug, to furnish such particulars concerning<br \/>\nthat person to the Permanent Secretary responsible for health as may be prescribed;<br \/>\n(l) prohibit any medical practitioner from administering, supplying or authorising the<br \/>\nadministration and supply to persons addicted to any dangerous drug such drug, and from<br \/>\nprescribing for such persons such drug, except under and in accordance with the terms of a<br \/>\npermit issued by the Permanent Secretary responsible for health.<br \/>\n(m) regulate the fees payable for the issue or renewal or any licence, application or thing<br \/>\ndone in terms of this Part;<br \/>\n(n) make any contravention of the regulations an offence and impose a fine not exceeding<br \/>\nlevel six for any such contravention.<br \/>\n(2) Regulations made under this section shall provide for authorising a person lawfully carrying on<br \/>\nbusiness as a pharmaceutical chemist\u2014<br \/>\n(a) in the ordinary course of his retail business to manufacture, at any premises registered under<br \/>\nPart VI, any preparation, admixture or extract of a Part I scheduled drug;<br \/>\n(b) to carry on at any such premises the business of retailing, dispensing or compounding any such<br \/>\ndrug;<br \/>\nsubject to the power of the Authority to withdraw the authorisation in the case of a person who has<br \/>\nbeen convicted of a dangerous drugs crime, and who cannot, in the opinion of the Authority, properly<br \/>\nbe allowed to carry on the business of a manufacturing or selling or distributing, as the case may be,<br \/>\nsuch a drug.<br \/>\n14D Powers of search, seizure and forfeiture<br \/>\n(1) Notwithstanding anything to the contrary contained in any other enactment, and without<br \/>\nderogation from section sixteen, if any inspector, customs officer, or police officer above the rank of<br \/>\nsergeant (or below the rank of sergeant with the written authorisation of a police officer above the<br \/>\nrank of sergeant) has reasonable grounds for believing that any person is in unlawful possession of<br \/>\nany dangerous drug, he may, without a search warrant\u2014<br \/>\n(a) enter upon any land where such person is believed to be, and there require him to produce for<br \/>\nhis inspection such dangerous drug; or<br \/>\n(b) search such person or any animal in his possession, and enter and search any land, building,<br \/>\nvehicle, aircraft, train, vessel, or boat in the possession or use of such person:<br \/>\nProvided that\u2014<br \/>\n(i) a person shall be searched only by a person of like sex; and<br \/>\n(ii) such search shall be done with the strictest regard to decency and decorum;<br \/>\nand seize any dangerous drug in the possession of such person and, unless he is satisfied that such<br \/>\nperson will appear and answer any charge which may be preferred against him, arrest and detain<br \/>\nhim.<br \/>\n(2) Any inspector, customs officer or police officer above the rank of sergeant (or below the rank of<br \/>\nsergeant with the written authorisation of a police officer above the rank of sergeant) may at any time<br \/>\nenter upon and inspect any land, building or other structure on or in which plants, from which<br \/>\ndangerous drugs are derived, may be found, for the purpose of ascertaining if any such plants are<br \/>\nbeing cultivated in contravention of this Part or Chapter VII (\u201cCrimes involving dangerous drugs\u201d) of<br \/>\nthe Criminal Law Code [Chapter 9:23].<br \/>\n(3) If on any search or inspection made in terms of this section any dangerous drug, pipe, receptacle<br \/>\nor appliance for smoking or using the same or any plant which it is suspected upon reasonable<br \/>\ngrounds is being cultivated in contravention of this Part or Chapter VII (\u201cCrimes involving dangerous<br \/>\ndrugs\u201d) of the Criminal Law Code [Chapter 9:23]is found, it may be seized and removed, together with<br \/>\nany books, accounts or documents relating thereto.<br \/>\n(4) Any person who is arrested and detained and any dangerous drug or article which is seized in<br \/>\nterms of subsection (1) or (3) shall be taken as soon as practicable before a court of competent<br \/>\njurisdiction to be dealt with according to law.<br \/>\n(5) Any person who resists, hinders or obstructs an inspector or other person in the lawful exercise of<br \/>\nhis powers under this section shall be guilty of an offence and liable to a fine not exceeding level five<br \/>\nor to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.<br \/>\n(6) If on the trial of any person for contravening or failing to comply with any provision of this Act or<br \/>\nany condition of any authority or licence issued thereunder it is proved that any drug, pipe, receptacle,<br \/>\nappliance or plant seized under this section was produced, kept, used, sold, distributed or cultivated<br \/>\nin contravention of this Act, it shall be forfeited to the State.<br \/>\n14E Forfeiture on conviction, and prohibition from driving and flying<br \/>\n(1) Where any person is convicted of any dangerous drugs crime the court\u2014<br \/>\n(a) shall order that any drug to which the conviction relates be forfeited to the State, unless<br \/>\nthe drug is further required as an exhibit at a trial; and<br \/>\n(b) may order that any vehicle, aircraft, vessel, boat, animal, receptacle or thing in or upon<br \/>\nwhich such drug was found or was used for the purpose of or in connection with such drug,<br \/>\nbe forfeited to the State, and section 62 of the Criminal Procedure and Evidence Act [Chapter<br \/>\n9:07] shall thereupon apply, mutatis mutandis, in respect of the vehicle, aircraft, vessel, boat,<br \/>\nanimal, receptacle, container or thing.<br \/>\n(2) If it is established to the satisfaction of the court convicting a person of a dangerous drugs crime<br \/>\nthat the convicted person used any motor vehicle or aircraft to convey the drug to which the conviction<br \/>\nrelates, the court may order that the convicted person or, where the motor vehicle was driven or<br \/>\naircraft was flown by another person who was a participant or accomplice in or accessory to the<br \/>\ncrime, such other person, be prohibited from driving all classes of motor vehicles or flying all types of<br \/>\naircraft for a period not exceeding 15 years, as the case may be, and the appropriate provisions of<br \/>\nthe Road Traffic Act [Chapter 13:11] or the Civil Aviation Act [Chapter 13:16] shall apply, mutatis<br \/>\nmutandis, in respect of any such prohibition.<br \/>\n14F Safe custody of forfeited dangerous drugs<br \/>\n(1) Upon the conclusion of criminal proceedings resulting in the conviction of a person of a<br \/>\ndangerous drugs crime, the court shall order that any dangerous drugs forfeited to the State, other<br \/>\nthan cannabis, be delivered forthwith to the police officer in command of the police district where the<br \/>\ndrugs were seized for safe custody, and shall ensure that such police officer and the Director-General<br \/>\nare given full particulars of such drugs, including their quantity and any other relevant information.<br \/>\n(2) Pending their destruction in terms of section fourteen G, the Director-General shall store any<br \/>\ndrugs delivered to him under subsection (1) in a place of maximum security under his personal<br \/>\ncontrol, free from contamination by moisture or dust, and shall protect them from access by any other<br \/>\nperson, and keep and maintain them in such a safe manner as to avoid and prevent any deterioration<br \/>\nwhatsoever.<br \/>\n14G Destruction of forfeited dangerous drugs and articles<br \/>\n(1) Within 7 days of the receipt from the court of any consignment of forfeited dangerous drugs the<br \/>\npolice officer in command of the police district to whom any dangerous drugs are delivered in terms of<br \/>\nsection fourteen F (hereafter in this section called \u201c the custodian police officer \u201d) shall<br \/>\ncommunicate in writing to the Commissioner General of Police, the Director-General, the<br \/>\nCommissioner-General of the Zimbabwe Revenue Authority and the Attorney-General, the full<br \/>\nparticulars of such drugs, including their quantity and all other relevant information, which shall, in<br \/>\nevery material respect, correspond strictly with the particulars furnished to the custodian police officer<br \/>\nand the Director-General by the court at the time of delivery to him of the forfeited dangerous drugs.<br \/>\n(2) Within 14 days of the written communication referred to in subsection (1), the custodian police<br \/>\nofficer shall appoint a date and time, which shall not be before the expiry of the period within which an<br \/>\nappeal against the conviction concerned may be noted, for the total destruction by incineration of<br \/>\nsuch drugs:<br \/>\nProvided that, where an appeal has been noted, the drugs shall not be destroyed until such time as<br \/>\nthe appeal has been abandoned or determined, whereupon this subsection shall apply.<br \/>\n(3) For the purposes of subsection (2) there is hereby constituted a panel comprising a police officer<br \/>\nof or above the rank of superintendent designated by the Commissioner of Police, a senior customs<br \/>\nofficer designated by the Commissioner-General of the Zimbabwe Revenue Authority, the Director-<br \/>\nGeneral or an inspector designated by him and a senior official of the Ministry responsible for justice<br \/>\ndesignated by the Attorney-General, who shall, if they so decide whether on their own initiative or at<br \/>\nthe request of the custodian police officer concerned, assist the custodian police officer in the<br \/>\ndestruction of all dangerous drugs, other than cannabis plants, forfeited to the State.<br \/>\n(4) On the date and time appointed by the custodian police officer under subsection (2), the panel<br \/>\nreferred to in subsection (3) may attend to the destruction by incineration of the drugs concerned in<br \/>\nthe full view and presence of each other and, immediately thereafter, shall sign a joint declaration in<br \/>\nthe prescribed form, attesting to the total destruction of the drugs.<br \/>\n(5) Within 14 days of the destruction of any dangerous drugs forfeited to the State, the Director-<br \/>\nGeneral shall cause to be published in the Gazette for public information the joint declaration referred<br \/>\nto in subsection (4).<br \/>\n(6) Whenever the custodian police officer is prevented by illness or other reasonable cause from<br \/>\ndischarging his functions under this section, such functions shall be discharged by any police officer<br \/>\nof or above the rank of sergeant designated by the custodian police officer for that purpose.<br \/>\n(7) Cannabis or other article forfeited under this Part shall, unless the court otherwise directs, be<br \/>\nburned or otherwise destroyed in the presence of a specified police officer.<br \/>\n14H Forfeiture on acquittal or withdrawal of charge<br \/>\nAt the conclusion of any proceedings in connection with a dangerous drugs crime, resulting in the<br \/>\naccused being acquitted or the charge against him being withdrawn or otherwise dismissed, the court<br \/>\nshall order that any drug, other than cannabis, which was seized in connection with the proceedings,<br \/>\nshall be forfeited to the State, and sections fourteenF and fourteenG shall apply, mutatis mutandis, in<br \/>\nrelation to the drug:<br \/>\nProvided that, if the drug is further required as an exhibit at a trial, this section shall not apply in<br \/>\nrelation to the drug.<br \/>\n14J Forfeiture where no criminal proceedings are instituted<br \/>\nIf any dangerous drug, other than cannabis, has been seized by a police officer or any other public<br \/>\nofficer and no criminal proceedings are instituted in connection therewith and the drug is not further<br \/>\nrequired as an exhibit at a trial, the drug shall be forfeited to the State and the police officer or other<br \/>\npublic officer concerned shall deliver the drug to the Director-General as though the court had made<br \/>\nan order in respect of that drug under section fourteenG, and thereafter section fourteenH and shall<br \/>\napply, mutatis mutandis, in relation to the drug.<br \/>\n15 Appointment of inspectors<br \/>\n(1) Subject to subsection (2), the Minister shall appoint 1 or more inspectors for the purpose of<br \/>\nenforcing this Act.<br \/>\n[ See Appointments gazetted on the 24th June, 2011 by GN 252\/11]<br \/>\n(2) No person shall be qualified for appointment as an inspector unless he is a person duly authorized<br \/>\nto act as a compounder or dispenser of poisons or drugs in terms of any law relating to pharmacy and<br \/>\npoisons.<br \/>\n16 Powers of inspection<br \/>\n(1) Any inspector shall, for enforcing this Act, have power at all reasonable times to enter the<br \/>\npremises on which any pharmaceutical chemist, general dealer or licensed manufacturer of any drug<br \/>\nto which this Act applies carries on business, and any premises owned or occupied by any person<br \/>\nauthorized to be in possession of any such drug, and to enter any other premises in which he has<br \/>\nreasonable cause to suspect that an offence against this Act has been committed, and in either case<br \/>\nshall have power to make such examination and inquiry and do such other things, including the<br \/>\nchecking of stocks and the taking, on payment therefor, of samples as may be necessary for<br \/>\nascertaining whether this Act is being complied with.<br \/>\n(2) All books, records and documents required to be kept by any person under this Act shall be open<br \/>\nto inspection by any police officer or by any other member of a police force authorized in writing by a<br \/>\nmagistrate or by a police officer.<br \/>\n(3) If any person wilfully delays or obstructs an inspector or a member of a police force in the exercise<br \/>\nof his powers under this section, or refuses to allow any sample to be taken in accordance with this<br \/>\nsection, or fails without reasonable excuse to give any information which he is duly required under this<br \/>\nsection to give, he shall be guilty of an offence and liable to a fine not exceeding level five or to<br \/>\nimprisonment for a period not exceeding six months or to both such fine and such imprisonment.<br \/>\n[amended by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\n17 [ repealed by Act 23 of 2004 with effect from the 1st July, 2006.]<br \/>\n18 Persons upon whom powers of inspection, etc., are conferred to produce<br \/>\nproof of identity<br \/>\nAny person upon whom powers of inspection, search, seizure or forfeiture are conferred under this<br \/>\nAct who fails on demand to produce\u2014<br \/>\n(a) in the case of an inspector, a certificate under the hand of the Secretary of his<br \/>\nappointment as an inspector;<br \/>\n(b) in the case of\u2014<br \/>\n(i) a customs officer; or<br \/>\n(ii) a specified police officer;<br \/>\nwho is not in uniform, proof of his identity;<br \/>\n(c) in the case of a police officer authorized in writing by a magistrate or by a specified police<br \/>\nofficer, to exercise those powers, his authority in writing;<br \/>\nshall not, save as is provided in subsection (4) of section seventeen, thereafter be entitled to exercise<br \/>\nthose powers until he has produced that certificate, proof of identity or authority in writing, as the case<br \/>\nmay be.<br \/>\n19 Offences and penalties<br \/>\n(1) Subject to this section, any person\u2014<br \/>\n(a)<br \/>\n[repealed by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\n(b) who acts in contravention of or fails to comply with the conditions of a licence issued or<br \/>\nauthority granted under or in pursuance of this Act; or<br \/>\n(c) who for the purpose of obtaining, whether for himself or for any other person, the issue,<br \/>\ngrant or renewal of any such licence or authority as aforesaid makes a declaration or<br \/>\nstatement which is false in any particular, or knowingly utters, produces or makes use of any<br \/>\nsuch declaration or statement or a document containing the same; or<br \/>\n(d)<br \/>\n[repealed by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\nshall be guilty of an offence and, subject to subsection (3), liable to a fine not exceeding level seven<br \/>\nor to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.<br \/>\n[amended by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\n(2) (3)<br \/>\n[repealed by Act 23 of 2004 with effect from the 1st July, 2006.]]<br \/>\n(4)<br \/>\n[repealed by Act 22 of 2001 with effect from 10 September, 2002]]<br \/>\n(5) Any person who is convicted of any offence in terms of subsection (1) which involves a<br \/>\ncontravention of any provision of this Act relating to the keeping of books or the issuing or dispensing<br \/>\nof prescriptions containing any drug to which this Act applies shall be liable to a fine not exceeding\u2014<br \/>\n(a) for a first such offence, level four or 8imprisonment for a period not exceeding thee<br \/>\nmonths or to both such fine and such imprisonment.<br \/>\n(b) for a second and subsequent such offence, level six or imprisonment for a period not<br \/>\nexceeding twelve months or to both such fine and such imprisonment.<br \/>\n[amended by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\n(6) Indian hemp or other article forfeited under this Act shall, unless the court otherwise directs, be<br \/>\nburned or otherwise destroyed in the presence of a specified police officer.<br \/>\n(7)<br \/>\n[repealed by Act 23 of 2004 with effect from the 1st July, 2006.]<br \/>\n19A Offences involving juveniles<br \/>\nWhere an offence of which a person is convicted under this Act involves\u2014<br \/>\n(a) unlawfully supplying a drug to or procuring a drug for a person under the age of 18 years,<br \/>\nor offering so to supply or procure a drug; or<br \/>\n(b) inciting or influencing a person under the age of 18 years unlawfully to smoke or use any<br \/>\ndrug in contravention of Part III;<br \/>\nthe court shall have regard to that fact as an aggravating feature when imposing sentence on the<br \/>\nconvicted person.<br \/>\n[inserted by Act 22 of 2001 with effect from 10 September, 2002]<br \/>\n26 Power of arrest<br \/>\nAny police officer may arrest without warrant a person who has committed, or attempted to commit, or<br \/>\nis reasonably suspected by the police officer of having committed or attempted to commit an offence<br \/>\nagainst this Act if he has reasonable grounds for believing that that person will abscond unless<br \/>\narrested, or if the name and address of that person are unknown to, and cannot be ascertained by,<br \/>\nhim.<br \/>\n27 Licences and authorities<br \/>\n(1) A licence or authority issued for the purposes of this Act by the Minister may be issued on such<br \/>\nterms and subject to such conditions, including, in the case of a licence, the payment of a fee, as the<br \/>\nMinister may fix.<br \/>\n(2) Whenever the Minister is empowered under any provision of this Act to issue any licence or<br \/>\nauthority, he may delegate to the Secretary such power, subject to the right of any person to whom<br \/>\nthe issue of such licence or authority has been refused to appeal in writing to the Minister against<br \/>\nsuch refusal.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Chapter 15:02 DANGEROUS DRUGS ACT Acts 28\/1955, 1\/1996, 22\/2001, 23\/2004. SI\u2019s 93\/2010 and 161\/2012. ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section PART II COCA LEAVES, INDIAN HEMP AND RAW OPIUM PART III [repealed by Act 23 of 2004 with effect from the 1st July, 2006.] PART IV MEDICINAL OPIUM, COCAINE, MORPHINE AND OTHER DRUGS Chapter [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[150],"tags":[],"class_list":["post-7292","post","type-post","status-publish","format-standard","hentry","category-acts-and-policies"],"aioseo_notices":[],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/www.mohcc.gov.zw\/index.php?rest_route=\/wp\/v2\/posts\/7292","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.mohcc.gov.zw\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.mohcc.gov.zw\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.mohcc.gov.zw\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.mohcc.gov.zw\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7292"}],"version-history":[{"count":1,"href":"https:\/\/www.mohcc.gov.zw\/index.php?rest_route=\/wp\/v2\/posts\/7292\/revisions"}],"predecessor-version":[{"id":7293,"href":"https:\/\/www.mohcc.gov.zw\/index.php?rest_route=\/wp\/v2\/posts\/7292\/revisions\/7293"}],"wp:attachment":[{"href":"https:\/\/www.mohcc.gov.zw\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7292"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.mohcc.gov.zw\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7292"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.mohcc.gov.zw\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7292"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}