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Uganda
Narcotic Drugs and Psychotropic Substances (Control) Act, 2024
Act 2 of 2024
- Published in Uganda Government Gazette Acts Supplement 2 on 23 February 2024
- Assented to on 2 February 2024
- Commenced on 14 April 2025 by Narcotic Drugs and Psychotropic Substances (Control) Act, Cap. 37 (Commencement) Instrument, 2025
- [This is the version of this document from 23 February 2024.]
Part I – Preliminary
1. Commencement
This Act shall come into force on a date the Minister responsible for internal affairs, by statutory instrument, appoints.2. Interpretation
In this Act, unless the context otherwise requires—“bank” includes—(a)a financial institution licensed under the Financial Institutions Act;(b)microfinance deposit-taking institutions licensed under the Microfinance Deposit taking Act;(c)microfinance institution licensed under the Tier 4 Microfinance Institutions and Money Lenders Act; and(d)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” means the catha edulis plant;“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 either 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;“court” means a court of competent jurisdiction;“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 value assigned to it in Schedule 1 to this 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;“facility for treatment and rehabilitation” includes a health unit defined under the Mental Health Act;“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 Catha edulis; or(c)handling or letting out of any premises for the carrying on of any of the activities referred to in paragraphs (a) and (b); 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;“khat” means the leaves, twigs or the bark of the Catha edulis plant;“manufacture” in relation to narcotic drugs or psychotropic substances, includes—(a)all processes other than production, by which a narcotic drug or psychotropic substance may be obtained;(b)refining of a narcotic drug or psychotropic substance; or(c)making of preparations otherwise than in a pharmacy on a prescription with or containing a narcotic drug or psychotropic substance;“medical practitioner” means a person registered under the Medical and Dental Practitioners Act;“medical purpose” means the use of a narcotic drug or psychotropic substance for treatment or research that is provided by a medical practitioner, dentist, pharmacist or veterinary surgeon, while acting within the usual course of professional practice and in accordance with a standard of care generally recognised and accepted within the respective profession;“narcotic drug” means any substance specified in Schedule 2 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 responsible for health 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;“precursor” means any substance specified in Schedule 5 or anything that contains any substance specified in that schedule;“premises” includes any land, building or other place;“preparation” in relation to a narcotic drug or psychotropic substance means any one or more of a narcotic drug or psychotropic substance in dosage form or any solution or mixture, in whatever physical state, containing one or more of such narcotic drug or psychotropic substance;“proceeds” in relation to an act or activity, means property wholly or partly derived or obtained directly or indirectly from that act or activity;“production” where the reference is to producing a narcotic drug or psychotropic substance, means the separation of a narcotic drug or psychotropic substances from the plant from which the narcotic drug or psychotropic substance is obtained;“prohibited plant” means any plant specified in Schedule 4;“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 Schedule 3 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;“substance use disorder” means a pattern of psychoactive substance use that appreciably increases the risk of harmful physical or mental health consequences to the person using a narcotic drug or psychotropic substance or others to an extent that warrants attention and advice from health professionals;“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.3. Jurisdiction
Part II – Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants
4. Penalty for possession of narcotic drugs and psychotropic substances
5. Penalty for trafficking in narcotic drugs and psychotropic substances
A person who traffics in a narcotic drug or psychotropic substance represented or held out by him or her to be a narcotic drug or psychotropic substance commits an offence and is liable, on conviction—6. Penalty for other acts connected to narcotic drugs
7. Provisions relating to certain prescriptions
8. Removal of name from register
Where a medical practitioner, dentist, pharmacist, veterinary surgeon, clinical officer or nurse with a certificate in specialist palliative care or any other person authorised by the Minister responsible for health 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, pharmacist, veterinary surgeon, clinical officer or nurse as the case may be.9. Penalty for receiving additional narcotic drug, psychotropic substance or prescription without disclosure of earlier receipt
10. Supply of narcotic drugs or psychotropic substances to a child
A medical practitioner, pharmacist, dentist or any person who, knowingly supplies or administers a narcotic drug or psychotropic substance to a child, where the narcotic drug or psychotropic substance is not required in the treatment of the child, commits an offence and is liable, on conviction to a fine not exceeding fifty thousand currency points or to imprisonment for life, or both.11. Penalty for cultivation of prohibited plants
12. Power of entry in respect to land
13. Power of court to order destruction of prohibited plants
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.
15. Penalty for failure to furnish information or to produce records and documents
A person who—16. Privileged information
A 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 report to police cultivation of prohibited plants
18. Penalty for malicious entry, seizure or arrest
A police officer or any other person authorised by the Inspector General of Police for purposes of this Act, who—19. Penalty against police officer or any other person authorised by Inspector General of Police
A police officer or any other person authorised by the Inspector General of Police, 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 drug or psychotropic substance
Where—21. Forfeiture of conveyance, implement, etc.
Part IV – Restraint order, forfeiture of property and proceeds of crime
22. Interpretation of Part
23. Application for restraint order
24. Transfer after notice of application for restraint order
25. Service of notice of application for restraint order
26. Restraint order
27. Notice of restraint order
A 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 order
Subject 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 order
Any person on whom a restraint order is served, and who, while the order is in force, contravenes the restraint order, commits an offence and is liable, on conviction to imprisonment for a period not exceeding five years.31. Exclusion of property, recognition of claims and revocation of restraint order
32. Stay of hearing of application
Where an application has been made to the court under section 23 for a restraint order and the person against whom the restraint order is sought is charged with specified offences, court may, on the application of the Attorney General or the respondent, stay the hearing of the application made under section 23 until a final decision is made in respect of the criminal charges.33. Death of person against whom restraint order is made
34. Variation of resistant order
Where 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.35. Certain liabilities to property under restraint order
The restraint order shall not affect—36. Provisions for payment of money owed
37. Claim by person who commits a specified offence
38. Procedure in respect of forfeiture
39. Forfeiture order
40. Effect of forfeiture order
41. Penalty for contravention of forfeiture order
Any person who contravenes section 40 (3) commits an offence and is liable, on conviction to a fine 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, or both.42. Restoration of forfeited property
Where a conviction for a specified offence is set aside by a court on appeal, the court shall, where there is forfeited property order for restoration of the forfeited property.43. Arrangement regarding tracing or realising of property in a country other than Uganda
The Government may enter into an arrangement with the government of any other country and make provisions for—44. Arrangement regarding tracing or realising of property in Uganda
45. Procedure
46. Concealing or transferring proceeds of trafficking
47. Provisions of Part IV in addition to and not in derogation of Parts II and III
The 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
48. Interpretation of Part
In this Part, unless the context otherwise requires, “centre” means a treatment and rehabilitation centre established under section 49;49. Treatment and rehabilitation centres
50. Functions of the Uganda Mental Health Advisory Board
The Uganda Mental Health Advisory Board shall advise the Minister responsible for health 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 persons with substance use disorder.51. Treatment, rehabilitation and admission of person with substance use disorder
52. Treatment, care and rehabilitation of convicted person with substance use disorder
53. Treatment of prisoner with substance use disorder or child in a remand home with substance use disorder
Part VI – International assistance in narcotic drugs and psychotropic substances investigations and proceedings
54. Request to and by other countries
55. Evidence obtained from another country
Evidence, a document or an article obtained in response to a request made under section 54 shall—56. Transfer to Uganda of a person to assist in an investigation or proceedings
57. Requests to Uganda for evidence
58. Request to Uganda for search warrant
59. Requests to Uganda for enforcement of certain orders
Part VII – Establishment of National Coordination Committee for Narcotic Drugs and Psychotropic Substances Control
60. Interpretation of Part
In this Part, unless the context otherwise requires “Committee” means the National Coordination Committee for Narcotic Drugs and Psychotropic Substances Control.61. Government obligation to take measures for preventing narcotic drugs and psychotropic substances abuse
62. Establishment of National Coordination Committee for Narcotic Drugs and Psychotropic Substances Control
63. Functions of Committee
64. Remuneration of Committee
The Chairperson and the members of the Committee shall be paid such remuneration as the Minister responsible for health may, in consultation with the Minister responsible for finance and Minister responsible for internal affairs, specify in the instruments of appointment.65. Reports of Committee to be laid before Parliament
The Minister responsible for health shall publish and lay before Parliament, annually, a report describing the situation and developments on the supply and demand of narcotic drugs and psychotropic substances in Uganda and proposals on the promotion of anti-narcotic drugs and psychotropic substances activities.Part VIII – Miscellaneous
66. Offences by bodies corporate
Where 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.67. Analysts
68. Burden of proof in respect of certain matters
During any proceedings against any person for an offence under this Act, it shall not be necessary for the prosecution to negative 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.69. Power to question and request production of documents
70. Interpretation vis-a-vis section 69
71. Inspection
A police officer at the rank of Inspector or any other person authorised in writing by the Inspector General of Police for the purposes of this section, the Secretary to 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.72. Power to search persons or vehicles
73. Power to search premises
74. Controlled delivery
Where 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 and 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—75. Undercover monitoring by use of any means
Where a police officer has reasonable ground to suspect that an offence under Part II and 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.76. Monitoring of mail
Where 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.77. Seizure of narcotic drugs and conveyance
Subject 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.78. Notice of seizure
79. Condemnation of seized things
Where 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.80. Power to arrest without warrant
81. Punishment of attempt to commit offences under Act
Notwithstanding anything in any other written law, a person who—82. Regulations
83. Power of Chief Justice to make rules
The Chief Justice may make rules prescribing the practice and procedure of the High Court and any other courts in regard to 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.84. Valuation of goods for penalty
85. Power to amend Schedules
86. Amendment of the National Drug Policy and Authority Act
Sections 47, 48 and 49 of the National Drug Policy and Authority Act are repealed.History of this document
14 April 2025
23 February 2024 this version
02 February 2024
Assented to