Section 34: Unlawful use of drugs

34. Unlawful use of drugs (1) Any person who unlawfully— (a) smokes, inhales, sniffs, consumes or administers to himself in any way whatsoever, any dangerous drug; D2 – 19 [Issue 2] Dangerous Drugs Act (b) possesses, purchases, offers to purchase or transports any dangerous drug; (c) has in his possession any pipe, syringe, utensil, apparatus or other article for use in connection with smoking, inhaling, sniffing, consuming or the administration of any dangerous drug, shall commit an offence and shall, on conviction, and subject to subsections (2) and (5), be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years. (2) Subject to subsection (5), before passing a sentence of imprisonment under subsection (1), the Court shall, where it considers this to be appropriate, explain to the convicted person that, if he undertakes to co-operate in order to be cured of his addiction, the Court, instead of sentencing him to imprisonment, may order him to undergo, at such institution as may be prescribed and for such period not exceeding 3 years as the Court may determine, such treatment, education, aftercare, rehabilitation or social reintegration as the Court thinks appropriate and if he so undertakes, the Court may order accordingly. (3) (a) Where the Court is satisfied that an order made under subsection (2) has been complied with, the Court shall discharge the offender. (b) Where a person fails to comply with an order made by the Court under subsection (2), he shall commit an offence and shall be liable to a fine which shall not exceed 10,000 rupees and to imprisonment for a term which shall not exceed one year. (4) The person in charge of the relevant institution prescribed for the purposes of subsection (2) shall notify a police officer attached to ADSU of any persistent failure by any person subject to an order under subsection (2) to comply with the terms of that order. (5) Notwithstanding subsection (2), a person convicted of an offence under subsection (1) (b) and found to have purchased, offered to purchase, transported or been in possession of any dangerous drugs— (a) listed in Part I of the First Schedule, Second Schedule or Third Schedule, the street value of which is 5,000 rupees or more; or (b) listed in Part II of the First Schedule, the street value of which is 10,000 rupees or more, shall be liable to double the maximum penalties specified in respect of that offence under subsection (1). [S. 34 repealed and replaced by s. 5 of Act 29 of 2003 w.e.f. 1 September 2003; amended by s. 7 of Act 30 of 2008 w.e.f. 20 February 2009.]