Narcotic Drugs and Psychotropic Substances (Control) Act, 2016
Act 3 of 2016
- Published in Uganda Gazette no. 7 on 5 February 2016
- Assented to on 9 April 2015
- Commenced on 15 February 2016 by Statutory Instrument of 2016
- [This is the version of this document from 5 February 2016.]
Part I – Preliminary
1. CommencementThis Act shall come into force on a date the Minister, by statutory instrument, appoints.
2. InterpretationIn this Act, unless the context otherwise requires—“accused person” includes a defendant in respect of an offence under this Act;“addict” means a person addicted to any narcotic drug or psychotropic substance;“bank” means a bank, financial institution or mortgage finance company as defined in section 2 of the Financial Institutions Act, 2004 and includes the Bank of Uganda;“cannabis” means the flowering or fruiting tops of the cannabis plant, excluding the seeds and leaves when not accompanied by tops from which the resin has not been extracted, by whatever name they may be called;“cannabis oil” means any liquid containing any quantity, however small, of tetrahydro-cannabinol;“cannabis plant” means any plant of the genus cannabis by whatever name called and includes any part of that plant;“cannabis resin” means the separated resin, whether crude or purified, obtained from cannabis but does not include cannabis oil;“catha edulis” of marungi, khat means the whole leaves of the plant catha edulis;“charge” includes a lien, hypothecation, pledge and other security on property or created to secure the payment of a debt or performance of an obligation;“child” means a person below the age of eighteen years;“coca bush” means the plant of any species of the genus erythroxylon from which cocaine can be extracted;“coca leaves” means the leaves of the coca bush from which cocaine can be extracted ether directly or by chemical transformation;“Commissioner” means the Commissioner of Customs;“conveyance” means a conveyance of any description used for the carriage of persons or goods; and includes any aircraft, vehicle or vessel;“cultivate” in relation to any plant, includes growing the plant, sowing or scattering the seed produced by the plant or any part of the plant, nurturing or tending the plant or harvesting the flowers, fruits, leaves or seeds or the whole or any part of the plant or any other form of cultivation such as cell culture;“currency point” has the meaning assigned to it by the First Schedule to this Act;“defendant” has the same meaning as in the Civil Procedure Act;“dentist” means a person registered as a dentist under the Medical and Dental Practitioners Act;“export” means the taking or conveying, or causing to be taken or conveyed out of Uganda;“illicit trafficking” in relation to narcotic drugs and psychotropic substances, means—(a)cultivating any coca bush or gathering any portion of a coca plant;(b)cultivating the opium poppy, any cannabis plant; or khat plant;(c)engaging in the conveyance, production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, importation, exportation or transhipment of narcotic drugs or psychotropic substances; or(d)handling or letting out of any premises for the carrying on of any of the activities referred to in paragraphs (a), (b) and (c);other than as permitted under this Act or any regulations made or any conditions of any licence issued under this Act and includes—(i)financing, directly or indirectly, any of those activities;(ii)abetting or conspiring in the furtherance of, or in support of doing any of, those activities; and(iii)harbouring persons engaged in any of those activities;“international convention” means—(a)the Single Convention on Narcotic Drugs, 1961 adopted by the United Nations Conference at New York in March, 1961;(b)the Protocol, amending the Convention mentioned in paragraph (a), adopted by the United Nations Conference at Geneva in March, 1972;(c)the Convention on Psychotropic Substances, 1971 adopted by the United Nations Conference at Vienna in February, 1971;(d)the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances adopted at Vienna on 19th December, 1988; and(e)any other international convention or protocol or any other instrument amending an international convention relating to narcotic drugs or psychotropic substances which may be ratified or acceded to by Uganda after the commencement of this Act;“manufacture” in relation to narcotic drugs or psychotropic substances, includes—(a)all processes other than production, by which those drugs or substances may be obtained;(b)refining of such drugs or substances; and(c)making of preparations otherwise than in a pharmacy on a prescription with or containing those drugs or substances;“medical practitioner” means a person registered under the Medical and Dental Practitioners Act;“medicinal opium” means opium which has undergone the processes necessary to adopt it for medicinal use;“Minister” means the Minister responsible for internal affairs;“Ministry” means the Ministry responsible for internal affairs;“narcotic drug” means any substance specified in the Second Schedule or anything that contains any substance specified in that Schedule;“opium” includes raw opium, powdered opium, and opium wholly or partially prepared for any use or purpose, whatever its content of morphine may be;“opium poppy” means—(a)the plant of the species papaver somniferum; and(b)the plant of any other species of papaver from which opium or any pherianthrene alkaloid can be extracted and which the Minister may by statutory instruments, declare to be opium poppy for the purposes of this Act;“poppy straw” means all parts except the seeds of the opium poppy after harvesting, whether in their original form or cut, crushed or powdered;“premises” includes any land, building or other place;“preparation” in relation to a narcotic drug or psychotropic substance, means any one or more of those drugs or substances in dosage form or any solution or mixture, in whatever physical state, containing one or more of such drugs or substances;“proceeds” in relation to an act or activity, means property wholly or partly derived or obtained directly or indirectly from that act or activity;“produce” where the reference is to producing a narcotic drug or psychotropic substance, means producing it by manufacture, cultivation or any other method and “production” shall be construed accordingly;“prohibited plant” means any plant specified in the Third Schedule;“property” means any movable or immovable property, and includes—(a)any right, interest, title, claim, chose in action, power, privilege, whether present or future and whether vested or contingent, in relation to any property, or which is otherwise of value;(b)any transfer executed for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of immovable property where the person executing the transfer is the proprietor or possessed of or in which he or she is entitled to a contingent right, either for his or her whole interest or for any lesser interest;(c)any monetary instrument;(d)any other instrument or securities; and(e)any other tangible or intangible property;“psychotropic substance” means any substance specified in the Fourth Schedule or anything that contains any substance specified in that Schedule;“registered pharmacist” means a person who is registered as a pharmacist under the Pharmacy and Drugs Act;“respondent” means the person against whom an application under section 22(1) is made;“restraint order” means any order made under section 26;“revenue” means all tolls, taxes, rates, duties, fees, fines, penalties, rents and other sums due to Government or a local government;“specified offence” means—(a)an offence under section 4, 5, 6 and 7 and any other offence under this Act, specified by the Minister, by statutory order, for the purposes of this Act;(b)a conspiracy to commit or an attempt to commit any offence in paragraph (a);(c)inciting another person or attempting to incite any person to commit any offence in paragraph (a); or(d)aiding, abetting, counselling or procuring any offence in paragraph (a);“trafficking” means the importation, exportation, manufacture, buying, sale, giving, supplying, storing, administering, conveyance, delivery or distribution by any person of a narcotic drug or psychotropic substance or any substance represented or held out by that person to be a narcotic drug or psychotropic substance or making of any offer in respect of, but does not include—(a)the importation or exportation of any narcotic drug or psychotropic substance or the making of any offer in respect of it by or on behalf of any person who holds a licence for it under this Act in accordance with the licence;(b)the manufacturing, buying, sale, giving, supplying, administering, conveying, delivery or distribution of any narcotic drug or psychotropic substance or the meaning of any offer in respect of it, by or on behalf of any person who has a licence for it under this Act in accordance with the licence; or(c)the selling or supplying or administering for medicinal purposes, and in accordance with this Act, or any narcotic drug or psychotropic substance or the making of any offer in respect of it, by a medical practitioner or veterinary surgeon or dentist or by any other person qualified to do so on the instruction of the medical practitioner or veterinary surgeon or dentist; or(d)the selling or supplying in accordance with this Act, of any narcotic drugs or psychotropic substances by a registered pharmacist;“veterinary surgeon” means a veterinary surgeon licensed under the Veterinary Surgeons Act to practice veterinary surgery and medicine.
Part II – Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of certain plants
4. Penalty for possession of narcotic drugs and psychotropic substances
5. Penalty for trafficking in narcotic drugs and psychotropic substancesAny person who traffics in a narcotic drug or psychotropic substance commits an offence and is liable in respect of the narcotic drug or psychotropic substance to a fine of not less than five hundred currency points or three times the market value of the narcotic drug or psychotropic substance, whichever is greater, and in addition, to imprisonment for life.
6. Penalty for other acts connected to narcotic drugsSubject to this Act, any person who—
7. Provisions relating to certain prescriptions
8. Removal of name from registerWhere a medical practitioner, dentist or veterinary surgeon is convicted of an offence under this Act, he or she shall, notwithstanding any other written law, be liable to have his or her name removed from the register of practitioners licensed or registered to practice within Uganda as a medical practitioner, dentist or veterinary surgeon, as the case may be.
9. Penalty for receiving additional narcotic drug, psychotropic substance or prescription without disclosure of earlier receiptAny person who, in the course of treatment for a physical, dental or mental disorder, or an owner or caretaker of an animal is supplied with a narcotic drug or psychotropic substance, or with a prescription for a narcotic drug or psychotropic substance, by a medical practitioner or dentist treating him or her; or veterinary surgeon treating his or her animal, and without disclosing that fact, receives an additional narcotic drug or psychotropic substance, or a prescription for a narcotic drug or psychotropic substance, from another medical practitioner, dentist, or veterinary surgeon, commits an offence and is liable on conviction, to a fine of not less than forty eight currency points but not exceeding one hundred and twenty currency points and in addition, to imprisonment of not less than two years but not exceeding five years, or both.
10. Supply or administration of narcotic drugs or psychotropic substances or other intoxicating inhalants to persons below the age of eighteen yearsAny person including a medical practitioner or dentist, who supplies or administers a narcotic drug or psychotropic substance or other intoxicating inhalant to a person who is below the age of eighteen years, without reasonable ground to believe that the child is not acquiring it for the purpose of abuse, commits an offence and is liable on conviction to a fine of not less than forty eight currency points but not exceeding one hundred and twenty currency points or to imprisonment of not less than two years but not exceeding five years, or both.
11. Penalty for cultivation of certain plants
12. Power of entry in respect of Government and other land
13. Power of court to order destruction of prohibited plants, etc.A court which convicts any person of an offence under this Act, shall direct the Inspector General of Police or any police officer authorised by the Inspector General of Police, to destroy all the prohibited plants found on any land to which the offence relates; and the Inspector General of Police or the police officer, as the case may be, shall cause all the plants to be destroyed.
14. National Drug Authority to issue licences for export, import, manufacture, etc.The National Drug Authority may—
15. Penalty for failure to furnish information or to produce evidenceAny person who—
16. Privileged informationAny police officer or other person acting in exercise of powers vested in him or her under any provision of this Act, or any rule or order made under the Act, shall not be compelled to reveal the source of any information concerning an offence under the Act.
17. Owner of land to inform police officerFor the avoidance of doubt—
18. Penalty for vexatious or malicious entry, seizure, arrest, etc.
19. Penalty against police officerA police officer on whom any duty is imposed under this Act who—
Part III – Forfeiture of narcotic drugs, psychotropic substances, implements and conveyance
20. Forfeiture of narcotic drugs and psychotropic substancesWhere—
21. Forfeiture of conveyance, implements, etc.
Part IV – Restraint order, forfeiture of property and proceeds of crime
22. Application for restraint order
23. Transfer after notice of application for restraint order
24. Statement of assets and examination of respondent
25. Service of notice of application for restraint order
26. Restraint order
27. Notice of restraint orderA restraint order made under section 26 shall be served on the respondent in the same manner as if it is an order of injunction and shall be published in at least one newspaper of wide circulation in Uganda and in the Gazette and, where any property to which the order relates is situated in a country other than Uganda on the date of the order, the order shall be published in at least one newspaper of wide circulation in that country.
28. Effect of restraint order
29. Duration of restraint orderSubject to this Part, a restraint order in respect of any property shall remain in force until it is revoked by the court or until the property, in respect of which it is made, is forfeited to the State.
30. Offences in respect of restraint orderAny person on whom a restraint order is served, and who, while the order is in force, contravenes the restraint order, commits an offence and on conviction, is liable to imprisonment of not less than five years or a fine of not less than one hundred and twenty currency points, or both.
31. Management of property by Official Receiver
32. Exclusion of property, recognition of claims, and revocation of restraint order
33. Stay of hearing of applicationWhere an application has been made to the court under section 22 against any person on the ground that he or she committed a specified offence, the court may, on the application of the Attorney General or the respondent, stay the hearing of the application for a restraint order until a final decision is made in respect of the complaint or information.
34. Death of a person against whom a restraint order is made
35. Variation of restraint orderWhere an application is made by the person against whom a restraint order is made, or by any other person, the court may vary the restraint order in such manner as it may consider necessary, to meet the ends of justice.
36. Forfeiture of property
37. Certain liabilities not affected by section 36Section 36 shall not affect—
38. Provisions for payment of money owed
39. Claim by person who commits a specified offence
40. Procedure in respect of forfeiture
41. Forfeiture order
42. Effect of forfeiture order
43. Penalty for contravention of forfeiture orderAny person who contravenes section 42(3) commits an offence and on conviction, is liable to a fine which is not less than the value of the property, which he or she refused or failed to hand over and to imprisonment not exceeding two years.
44. Restoration of forfeited property
45. Arrangement regarding tracing, realising, etc. of property in a country other than UgandaThe Government may enter into an arrangement with the government of any other country and make provisions for—
46. Arrangement regarding tracing, realisation, etc. of property in Uganda
48. Concealing or transferring proceeds of drug trafficking
49. Prohibition of holding of property acquired in contravention of this Act
50. Provisions of Part in addition to and not in derogation of Parts II and IIIThe provisions of this Part are in addition to, and not in derogation of the provisions of Part II and Part III, in relation to conveyance or forfeiture of any narcotic drug or psychotropic substance, or any other article or thing.
Part V – Rehabilitation
51. Interpretation of Part VIn this Part, unless the context otherwise requires—‘centre’ means a rehabilitation centre established under section 52;‘Committee’ means the Advisory Committee for the Rehabilitation of Narcotic Addicts appointed under section 56;‘Fund’ means the Rehabilitation Fund established under section 53;‘Minister means the Minister responsible for health.
52. Rehabilitation centres
53. Rehabilitation Fund
54. Board to manage the Fund
55. Management of the FundThe Board shall—
56. Advisory Committee for the Rehabilitation of Narcotic Addicts
57. Functions of the CommitteeThe Committee shall advise the Minister on matters, that may be referred to it by the Minister, relating to the administration of the centres and the care, treatment and rehabilitation of drug addicts.
58. Committal of persons to centres
Part VI – International assistance in narcotic drugs and psychotropic substances investigations and proceedings
59. Request to and by other countries
60. Evidence, etc. obtained from another countryEvidence, a document or an article obtained in response to a request made under section 59 shall—
61. Transfer to Uganda of a person to assist in an investigation or proceedings
62. Requests to Uganda for evidence
63. Request to Uganda for search warrants
64. Requests to Uganda for enforcement of certain orders
Part VII – Establishment of a National Co-Ordination Committee for Narcotic Drugs and Psychotropic Substances Control
65. Interpretation of Part VIIIn this Part, unless the context otherwise requires—‘Committee’ means the National Co-ordination Committee for Drug Control;‘Fund’ means the National Fund for Drug Control.
66. Government obligation to take measures for preventing drug abuse
67. Establishment of a National Co-ordination Committee for Drug Control
68. Functions of the Committee
69. Report of Committee to be laid before ParliamentThe Minister shall lay before Parliament the report published under section 68(4).
70. Establishment of Secretariat
71. Establishment of the National Fund for Drug Control
72. Administration of the FundThe Committee shall administer the money of the Fund to meet the specific needs of Government departments, public institutions, public offices, associations and private parties, in the execution of its decisions or orientation, for the purposes of this Part.
Part VIII – Miscellaneous
73. Offences by bodies corporateWhere any offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, that person as well as the body corporate, shall be deemed to have committed that offence and the body corporate is liable to be proceeded against and punished accordingly; and in addition the court may, make an order directing that the body corporate be de-registered.
75. Burden of proof in respect of certain mattersDuring any proceedings against any person for an offence under this Act, it shall not be necessary for the prosecution to negate by evidence, any licence, authority, or other matter of exception or defence, and the burden of proving any such matter shall be on the person seeking to avail himself or herself of it.
76. Power to question and request production of documents, etc.
77. Interpretation vis a vis section 76
78. InspectionAny police officer or any other person authorised in writing by the Inspector General of Police for the purposes of this section, the Executive Secretary of the National Drug Authority or any person authorised by him or her shall, for the purpose of the execution of this Act, have power to enter any premises, or other place, of any person lawfully carrying on business as a producer, manufacturer, seller or distributor, or who deals in any narcotic drugs or psychotropic substances and to demand the production of, and to inspect, any books or documents relating to the dealings in any narcotic drug or psychotropic substance and to inspect the stocks of the narcotic drugs or psychotropic substance, which in the opinion of that person, is below standard or unfit for use for medicinal purposes.
79. Power to search persons, vehicles, etc.
80. Power to search premises
81. Controlled deliveryWhere any police officer acting in the ordinary course of duty has reason to believe that there is present on any vehicle, vessel, aircraft or other conveyance a narcotic drug or psychotropic substance which is the subject of an offence or possible offence under Part II or Part III of this Act, or any controlled chemical item, or controlled equipment or any other thing used or likely to be used in the commission of an offence under this Act, he or she may, with the consent of the Attorney General, for the purposes of permitting further investigation of any offence, allow—
82. Undercover monitoring by use of any meansWhere a police officer has reasonable ground to suspect that an offence under Part II or Part III of this Act is about to be committed by any person, he or she may monitor and record by any means, the conduct, movements and communications, including the telecommunication transmissions of that person.
83. Monitoring of mailWhere a police officer has reasonable grounds to suspect that an unlawful consignment of any narcotic drug or psychotropic substance is being forwarded through the postal and courier service in Uganda, the police officer shall, carry out an inspection at any time in the postal or courier services to detect that consignment, and where the inspection gives rise to a reasonable suspicion that a particular package is such a consignment, open, seize and detain the consignment for further investigation.
84. Seizure of narcotic drugs and conveyanceSubject to this Act, all articles and things, including any narcotic drug or psychotropic substance, motor vehicle, aircraft, ship, carriage or other conveyance, that are liable to forfeiture under any provision of this Act may be seized and detained by any police officer or any other person authorised in writing by the Inspector General of Police for the purposes of this Act.
85. Notice of seizure
86. Condemnation of seized thingsWhere a person is convicted of an offence under this Act and any narcotic drug or psychotropic substance, motor vehicle, aircraft, ship, carriage or other conveyance or any other article or thing, liable to forfeiture to the State under this Act, in respect of that offence is seized, the court that convicts that person may, in addition to any other penalty imposed on him or her, order that the narcotic drug, psychotropic substance, motor vehicle, aircraft, ship, carriage or other conveyance or other article or thing be condemned and forfeited to the State.
87. Power to arrest without warrant
88. Punishment of attempt to commit offences under this Act etc.Notwithstanding anything in any other written law, a person who—
90. Power of Chief Justice to make rulesThe Chief Justice may make rules prescribing the practice and procedure of the High Court and any other court in regard to the proceedings for forfeiture and condemnation under this Act and the proceedings for restraint orders under Part IV, and for matters connected with or incidental to those proceedings.
91. Valuation of goods for penalty
92. Power to amend Schedules
93. Amendment of the National Drug Policy and Authority Act, Cap 206Sections 26, 29, 47, 48, 49, and 60 (1)(b) and (c) of the National Drug Policy and Authority Act are repealed.
History of this document
15 February 2016
05 February 2016 this version
Published in Uganda Gazette number 7
09 April 2015