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Dangerous Drugs Act

consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

Later amending instruments held: Disciplinary Bodies (Health Sector) (Miscellaneous Provisions) Act 2019 (Act No 12 of 2019), Anti-Money Laundering and Combatting the Financing of Terrorism (Miscellaneous Provisions) Act 2020, Finance (Miscellaneous Provisions) Act 2021 (Act No 15 of 2021), Dangerous Drugs (Amendment) Act 2022 (Act No 17 of 2022), Finance (Miscellaneous Provisions) Act 2023 (Act No 12 of 2023).

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Sections

  1. 1 Short title
  2. 2 Interpretation
  3. 2A Non-application of Act inserted by Act No 17 of 2022
  4. 3 Classification of dangerous drugs
  5. 4 Reference to Pharmacy Act
  6. 4A Agency cooperation inserted by Act No 15 of 2021
  7. PART II: CONTROL OF DANGEROUS DRUGS
  8. 5 Cultivation
  9. 6 Prohibition of substances and preparations listed in First Schedule
  10. 7 Medical or scientific research or teaching
  11. 8 Licensing of substances and preparations listed in Second and Third
  12. 9 Dangerous Drugs Tribunal
  13. 10 Limitation of stocks
  14. 11 Safety measures
  15. 12 Import and export
  16. 13 Drugs in transit
  17. 14 Interference with dangerous drugs in transit
  18. 15 Diversion certificates
  19. 16 Free trade zones and free ports
  20. 17 Supply of drugs to an authorised person
  21. 18 Prescription of drugs by an authorised person
  22. 19 Supply of drugs on prescription
  23. 20 Packaging and labelling
  24. 21 Possession of drugs
  25. 22 International carriers
  26. 23 Keeping of registers
  27. 23 Electronic Drugs Register inserted by Act No 12 of 2023
  28. PART II: CONTROL OF DANGEROUS DRUGS
  29. 24 Books of medical practitioner or pharmacist
  30. 24 Access to Drugs Register inserted by Act No 12 of 2023
  31. PART II: CONTROL OF DANGEROUS DRUGS
  32. 25 Records
  33. 26 Retention of documents
  34. 27 Provisions applicable to Fourth Schedule substances (precursors)
  35. 28 Inspection
  36. PART IIA: MEDICINAL CANNABIS
  37. 28A Interpretation of Part IIA inserted by Act No 17 of 2022
  38. 28B Lawful use and importation of medicinal cannabis inserted by Act No 17 of 2022
  39. 28C Medicinal Cannabis Therapeutic Committee inserted by Act No 17 of 2022
  40. 28D Request for treatment with medicinal cannabis inserted by Act No 17 of 2022
  41. 28E Approval or rejection of request inserted by Act No 17 of 2022
  42. 28F Prescription for treatment with medicinal cannabis inserted by Act No 17 of 2022
  43. 28G Dispensing medicinal cannabis inserted by Act No 17 of 2022
  44. 28H Register of medicinal cannabis inserted by Act No 17 of 2022
  45. 28J Importation of medicinal cannabis inserted by Act No 17 of 2022
  46. 28K Patients coming from abroad inserted by Act No 17 of 2022
  47. 28L Guidelines inserted by Act No 17 of 2022
  48. PART III: OFFENCES
  49. 29 Penalty for unlawful activities
  50. 30 Drug dealing offences
  51. 31 Detention for drug dealing
  52. 33 Precursors, materials and equipments
  53. 34 Unlawful use of drugs
  54. 35 Offering or selling for personal consumption
  55. 36 Facilitating or permitting drug offences
  56. 37 Making false declaration
  57. 38 Incitement to drug offences and unlawful use
  58. 39 Money laundering
  59. 39A Conspiracy to commit drug offence inserted by Act No 17 of 2022
  60. PART III: OFFENCES
  61. 40 Driving while under influence of a dangerous drug
  62. 41 Aggravating circumstances
  63. 42 Giving false statements or false evidence
  64. 43 Exemption and mitigation of penalties
  65. 44 Additional penalties
  66. 46 Burden of proof
  67. 47 Jurisdiction
  68. 48 Minimum penalty
  69. 49 Powers of entry and search
  70. 50 Issue of search warrant and presumptions
  71. 51 Powers of seizure
  72. 52 Unlawful consignment by post
  73. 53 Body and luggage searches
  74. 54 Drugs concealed in body
  75. 55 Controlled delivery
  76. 56 Powers of investigation
  77. 57 Arrest without warrant and detention
  78. 57A Lawful acts of police officer inserted by Act No 17 of 2022
  79. PART III: OFFENCES
  80. 58 Conservation and sample-taking
  81. 58A Destruction of dangerous drugs inserted by Act No 17 of 2022
  82. PART III: OFFENCES
  83. 59 Admissibility of certain evidence
  84. PART IIIA: NON-PROSECUTION AND REHABILITATION OF DRUG USERS
  85. 59A Drug Users Administrative Panel inserted by Act No 17 of 2022
  86. 59B Suspension of prosecution inserted by Act No 17 of 2022
  87. 59C Rehabilitation of drug users inserted by Act No 17 of 2022
  88. 59D Protection of drug users inserted by Act No 17 of 2022
  89. PART IV: MISCELLANEOUS
  90. 60 Regulations
  91. FIFTH SCHEDULE
  92. 1
  93. 2 Preparations of propiram containing not more than 100 milligrams of propiram
  94. 4
  95. 5 Preparations of diphenoxylate containing, per dosage unit, not more than
  96. 6 Pulvis ipecacuanhae et opii compositus
  97. 7 Preparations conforming to any of the formulae listed in this Schedule and
  98. 8 Preparations of dextropropoxyphene for oral use containing not more than
  99. SIXTH SCHEDULE
  100. 1
  101. 2
  102. 3
  103. 4
  104. 5
  105. 6
  106. 7
  107. 8
  108. 9
  109. 10
  110. SEVENTH SCHEDULE
  111. 1
  112. 2 When issuing the direction for detention under section 31, the police officer
  113. 3
  114. 4
  115. 5
  116. 6 Where the person detained raises any objection during his period of detention
  117. 7
  118. 8
  119. 9