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Seychelles
Misuse of Drugs Act
Chapter 133
- Commenced on 1 July 1995
- [This is the version of this document as it was at 31 December 2015 to 23 March 2017.]
Part I – Preliminary
1 Short title
This Act may be cited as the Misuse of Drugs Act.2. Interpretation
In this Act—"approved institution" means an institution or place approved under this Act for the purposes of treatment and rehabilitation of drug addicts or other persons;"article liable to seizure" means any thing whatsoever by means of or in respect of which an offence under this Act has been committed or which contains evidence of an offence under this Act;"authorised person" means a person authorised under section 24A(1)(a) to act as an undercover officer, which authorisation has not been revoked;[definition of "authorised person" inserted by section 2(a)(i) of Act 4 of 2012 with effect from 6 August 2012]"cannabis" means any part, including the seeds, of a plant of the genus cannabis from which the resin has not been extracted, by whatever name it may be designated;[definition of "cannabis" repealed and substituted by section 2(a)(ii) of Act 4 of 2012 with effect from 6 August 2012]"cannabis resin" means the separated resin, whether crude or purified, obtained from a plant of the genus cannabis;"chief officer of the NDEA" means a person appointed under section 12(1) of the National Drugs Enforcement Agency Act, 2008;[definition of "chief officer of the NDEA" inserted by section 2(a)(iii) of Act 4 of 2012 with effect from 6 August 2012]"Class A drug", "Class B drug" or "Class C drug" means a controlled drug specified in Part I, II or III respectively of the First Schedule;"controlled drug" means a substance, preparation or product specified in the First Schedule or section 14;[definition of "controlled drug" amended by section 2(a)(i) of Act 3 of 2014 with effect from 14 April 2014]"corresponding law" means a law stated in a certificate purporting to be issued by or on behalf of the government of a country other than Seychelles to be a law providing for the control and regulation in that country of the manufacture, sale, use, export and import of a controlled or otherwise harmful or dangerous drug in pursuance of a treaty, convention, agreement or arrangement to which the Republic and the government of that country are parties;"cultivation by enhanced indoor means" in relation to a controlled drug, means cultivation of a plant inside a building or a structure involving at least one of the following processes—(a)nurturing the plant in nutrient enriched water, with or without mechanical support;(b)application of an artificial source of light or heat;(c)suspending the plant’s roots and spraying them with nutrient solution;[definition of "cultivation by enhanced indoor means" inserted by section 2(a)(iv) of Act 4 of 2012 with effect from 6 August 2012]"drug addict" means a person who through the use of a controlled drug—(a)has developed a desire or need to continue to take the controlled drug, or(b)has developed a psychological or physical dependence upon the effect of the controlled drug;"manufacture" includes any process of production of a controlled drug or the refining or transformation of one controlled drug into another;"NDEA agent" means a person appointed under section 13(1) of the National Drugs Enforcement Agency Act, 2008;[definition of "NDEA agent" inserted by section 2(a)(v) of Act 4 of 2012 with effect from 6 August 2012]"offender" means a person who has been convicted of an offence under this Act;"police officer in charge of a police station" includes—(a)any police officer superior in rank to a police officer in charge of a police station;(b)when the police officer in charge of a police station is absent from the station or unable from illness or otherwise to perform his duties, the police officer present at the station who is next in rank to the police officer in charge, or(c)when directed by the President, any other police officer present at the station;"precursors" means any substance listed under the Third Schedule;[definition of "precursors" inserted by section 2(a)(ii) of Act 3 of 2014 with effect from 14 April 2014]"realisable property" means—(a)any property held by a person charged with an offence under this Act or an offender;(b)any property held by a person to whom the person charged or the offender has directly or indirectly made a gift;"traffic" means—(a)to sell, give, administer, transport, send, deliver or distribute, or(b)to offer to do anything mentioned in paragraph (a) or;(c)to do or offer to do any act preparatory to or for the purposes mentioned in paragraph (a); or(d)to possess, whether lawfully or not, with intent to supply to another person contrary to this Act;[definition of "traffic" amended by section 2(a)(iii) of Act 3 of 2014 with effect from 14 April 2014]"trafficking" has a corresponding meaning;"undercover officer" means a person authorised under section 24A(1)(a) to assist in the detection of the commission of an offence under this Act and whose identity is concealed for the time being.[definition of "undercover officer" inserted by section 2(a)(vi) of Act 4 of 2012 with effect from 6 August 2012]Part II – Prohibition of certain activities involving controlled drugs
3. Importation or exportation of a controlled drug
Subject to this Act, a person shall not import or export a controlled drug.4. Manufacture of a controlled drug
Subject to this Act, a person shall not manufacture a controlled drug.5. Trafficking in a controlled drug
Subject to this Act, a person shall not, whether on his behalf or on behalf of another person, whether the other person is in Seychelles or not, traffic in a controlled drug.6. Possession of a controlled drug
Subject to this Act, a person shall not—7. Possession of utensils etc
8. Cultivation of cannabis etc
Subject to this Act, a person shall not cultivate a plant of the genus cannabis, a plant of the species papaver somniferum, a plant of the genus erythroxylon from which cocaine may be extracted or prepared or any other plant which the Minister may, by Notice in the Gazette, specify and from which a controlled drug may be extracted or prepared.8A. Precursors, equipment or materials
Subject to this Act, a person shall not unlawfully produce, manufacture, import, export, transport, offer, sell, distribute, deliver on any terms whatsoever, consign, dispatch, purchase or offer to purchase or hold precursors, equipment or materials—8AA. Provisions relating to precursors, equipment or material
8AB. Inspection of persons and establishments
8B. Prohibition on cultivation by enhanced indoor means
Subject to this Act, a person shall not cultivate by enhanced indoor means a plant of the genus cannabis, a plant of the species papaver somniferum, a plant of the genus erythroxylon from which cocaine may be extracted or prepared or any other plant which the Minister may, by Notice in the Gazette, specify and from which a controlled drug may be extracted or prepared.[section 8B inserted by section 2(b) of Act 4 of 2012 with effect from 6 August 2012]8C. Driving under the influence of controlled drugs
Subject to this Act, a person shall not drive a motor-powered vehicle, steer a motorpowered marine craft or fly a motor-powered aircraft while under the influence of a controlled drug.[section 8C inserted by section 2(b) of Act 4 of 2012 with effect from 6 August 2012]9. Owner or occupier of premises used for the purpose of contravening the Act
Subject to this Act, an owner, occupier or person in charge of or concerned with the management of any land, place or premises shall not permit or suffer such land, place or premises or any part thereof to be—10. Aiding etc the commission of offence outside Seychelles
A person shall not—11. Assisting another to retain the benefit of drug trafficking
11A. Forging or altering of prescription, etc
Part III – Evidence
12. Certificate of Government pharmacist
A certificate purporting to be signed by a Government pharmacist, or such other person appointed by the Minister for the purposes of issuing a certificate under this section, and purporting to relate to a controlled drug shall be admitted in evidence in any proceedings for an offence under this Act, on its production by the prosecution without proof of signature and, until the contrary is proved, the certificate shall be prima facie evidence of all matters contained therein.13. Certificate of corresponding law of the countries
A certificate purporting to be issued by or on behalf of the government of a country other than Seychelles and purporting to state the terms of a corresponding law in force in that country shall be admitted in evidence, in any proceedings for an offence under this Act, on its production by the prosecution without proof of signature and the certificate shall be conclusive evidence—14. Presumption of trafficking
15. Presumption of possession
16. Presumption concerning premises
17. Presumption relating to ship or aircraft
Where a controlled drug is found in any vessel or aircraft arriving from any place outside Seychelles, it shall be presumed, until the contrary is proved, that the drug has been imported in the vessel or aircraft with the knowledge of the master or captain of the vessel or aircraft.18. Presumption relating to vehicle etc
Where a controlled drug is found in a vehicle, vessel or aircraft, other than a vessel or aircraft referred in section 17, it shall be presumed, until the contrary is proved, that the drug is in the possession of the owner of the vehicle, vessel or aircraft and of the person in charge of the vehicle, vessel or aircraft for the time being.19. Presumption of consumption
Where a controlled drug is found in the urine or blood of a person as a result of a test carried out under this Act, the person shall be presumed, until he proves the contrary, to have smoked, consumed or self-administered the controlled drug.20. Power of search and seizure
21. Power of arrest
22. Power to stop and search vessel etc
23. Urine etc test
A police officer in charge of a police station or a police officer not below the rank of Superintendent may, if he reasonably suspects that a person has committed an offence under section 6(b), require the person within such time as may be specified by him to provide a specimen of his urine or blood for a test.24. Protection of informers
24A. Authorised person
24B. Powers of investigation
24C. Controlled delivery
24D. Power to destroy plants and substances containing controlled drug
The court may, on application by the prosecution, order the destruction of the plants and substances containing a controlled drug before the completion of legal proceedings for an offence under this Act if—25. Burden of proving exemption or possession of licence on person claiming to be exempted etc
In any proceeding under this Act the evidential burden of proving that he is exempted from any provisions of this Act or that he holds any licence or permit under this Act rests on the person who claims to be so exempted or that he holds the licence or permit.Part IV – Offences and penalties
26. Offences
27. Aiding etc the commission of an offence
A person who—28. Conspiracy to commit an offence
A person who agrees with another person or persons that a course of conduct shall be pursued which, if pursued—29. Penalties
30. ***
[section 30 repealed by section 66 of Act 5 of 2006 (as amended by Act 18 of 2008) with effect from 25 August 2008]31. ***
[section 31 repealed by section 66 of Act 5 of 2006 (as amended by Act 18 of 2008) with effect from 25 August 2008]32. ***
[section 32 repealed by section 66 of Act 5 of 2006 (as amended by Act 18 of 2008) with effect from 25 August 2008]33. ***
[section 33 repealed by section 66 of Act 5 of 2006 (as amended by Act 18 of 2008) with effect from 25 August 2008]34. ***
[section 34 repealed by section 66 of Act 5 of 2006 (as amended by Act 18 of 2008) with effect from 25 August 2008]35. ***
[section 35 repealed by section 66 of Act 5 of 2006 (as amended by Act 18 of 2008) with effect from 25 August 2008]36. ***
[section 36 repealed by section 66 of Act 5 of 2006 (as amended by Act 18 of 2008) with effect from 25 August 2008]37. ***
[section 37 repealed by section 66 of Act 5 of 2006 (as amended by Act 18 of 2008) with effect from 25 August 2008]Part V – Treatment and rehabilitation
38. Addict may be examined and treated
39. Order of treatment by court
40. Discharge from approved institution
41. Arrest of drug addicts without warrant
Part VI – General
42. Jurisdiction
Notwithstanding any other written law, the Magistrates' Court shall have—43. Indemnity
44. Regulations
History of this document
12 November 2021 amendment not yet applied
24 March 2017 amendment not yet applied
31 December 2015 this version
Consolidation
01 July 1995
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Misuse of Drugs (Appointment of Forensic Analyst) (No.2) Regulations, 2018 | Statutory Instrument 67 of 2018 |
Misuse of Drugs (Centre Mont Royal) Regulations, 2001 | Statutory Instrument 9 of 2001 |
Misuse of Drugs Regulations | Statutory Instrument 53 of 1995 |
Cited documents 2
Act 2
1. | Anti-Money Laundering Act, 2006 | 5 citations |
2. | Misuse of Drugs (Amendment) Act, 2012 | 5 citations |
Documents citing this one 8
Act 3
1. | Employment Act | 7 citations |
2. | Anti-Money Laundering Act, 2006 | 5 citations |
3. | Mutual Assistance in Criminal Matters Act |
Judgment 3
Law Report 1
1. | Seychelles Law Reports, 2000: Supreme Court Decisions |
Statutory Instrument 1
1. | Customs Management (Prohibited and Restricted Goods) Regulations, 2014 |