POISONS, OPIUM, AND DANGEROUS DRUGS ORDINANCE
Arrangement of Sections
CHAPTER I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Calculation of percentages.
CHAPTER II
POISONS
4. Meaning of poison.
5. Restrictions on sale and dispensing of poisons.
6. Pharmacists.
7. Medical practitioners and dentist.
8. Veterinary surgeons.
9. Poisons for use in agriculture.
10. Wholesale druggists.
11. Estate hospitals.
12. Vederalas.
13. Sale to persons under twelve years of age.
14. Duties with regard to prescriptions.
15. Excessive doses.
16. Standard of strength of drugs.
17. Sale to unknown persons.
18. Sale of poisons in Part III of the First Schedule.
19. Vendor to enter particulars of sale of poisons in a book.
20. Labeling poisons for sale.
21. Labeling of poisonous substances for sale.
22. Storage of poisons.
23. Arsenic.
24. Regulations for the purposes of this Chapter.
25. Analysis of samples.
CHAPTER III
POPPY, COCA, AND INDIAN HEMP PLANTS
26. Definitions-poppy plant, coca plant, and hemp plant.
27. Prohibition against cultivation of poppy.
28. Prohibition against import and export of poppy.
29. Prohibition against possession, use of any preparation from the hemp plant, poppy plant or the coca plant.
30. Exception in favour of preparations and cordage.
CHAPTER IV
RAW AND PREPARED OPIUM
31. Definitions of raw opium “prepared opium”, and “registered consumer”.
32. Restriction on import and export of raw or prepared opium.
33. Restriction on possession of raw opium and opium dross.
34. Restriction on supply of raw supply or prepared opium.
35. Distribution of raw or prepared opium among registered, consumers.
36. Restriction on consumption raw or prepared opium.
37. Prohibition against use of premises for consuming of opium.
38. Special directions as to quantity and reduction of allowance.
POISONS, OPIUM AND DANGEROUS DRUGS
39. Quantity permitted.
40. Cancellation of registration.
41. Consumer to surrender certificate on cancellation.
42. Registration of vederalas.
43. Supply to vederalas.
44. Proof of registers.
45. Regulations for giving effect to this Chapter.
46. Omitted.
47. Savings for raw opium transit.
CHAPTER V
DANGEROUS DRUGS
48. Definitions.
49. Repealed.
50. Repealed.
51. Restrictions on wholesale trade of dangerous drugs.
52. Restriction on possession and consumption.
53. Prohibition against manufacture.
54. Restriction on sale and supply.
54A. Prohibition against manufacture, trafficking, import or export and possession of dangerous drugs.
54B. Abetting in the commission of an offence under section 54A.
55. Supply to medical practitioners and others.
56. Supply by medical practitioners, dentists, and veterinary surgeons.
57. Supply by pharmacists.
58. Power to withdraw authorisation.
59. Prescriptions.
60. Marking of containers.
61. Duties of person supplying dangerous drugs.
62. Records to be preserved for two years.
63. Delivery to messengers.
64. Disposal of dangerous drugs on death.
65. Hypodermic syringes.
66. Supply to hospital, laboratories, and apothecaries.
67. Application of this Chapter to certain specified drugs.
68. Regulations.
CHAPTER VI
TRANSIT AND TRANSHIPMENT OF OPIUM AND DANGEROUS DRUGS AND PLANTS
69. Definition of “restricted articles”.
70. Restriction on transit and transhipment.
71. Restriction on treatment and repacking in bonded warehouse.
72. Seizure and forfeiture.
CHAPTER VII
SUPPLEMENTARY
73. Application of Customs Ordinance.
74. Prohibition against false other person.
75. Refusal and cancellation of licences and imposition of fees.
76. Powers of inspection.
77. Search warrants.
77A. Analysis.
77B. Protection of the identity of an informer.
78. General penalty.
78A. Payment of certain fines to the police Reward Fund.
79. Forfeiture.
79A. Control of acetylating substance.
80. Regulations.
81. Protection of Public Officers.
82. Special provisions regarding persons arrested under Chapter V.
83. No bail for an offence under sections 54A and 54B except in exceptional circumstances.
84. No person to be detained for more than twelve months in custody.
85. Extension of the period of detention.
86. Voluntary admission to medical treatment for de-addiction and rehabilitation.
87. Probation for young offenders under eighteen years of age.
SCHEDULES.
17 of 1929,
43 of 1935,
12 of 1939,
35 of 1939,
14 of 1941,
12 of 1952,
16 of 1953,
42 of 1953,
22 of 1955,
13 of 1984,
26 of 1986,
41 of 2022.
AN ORDINANCE to amend and consolidate the law relating to Poisons, Opium, and Dangerous Drugs.
[Date of Commencement: 1st January, 1936]
CHAPTER I
PRELIMINARY
1. Short title.
This Ordinance may be cited as the Poisons, Opium, and Dangerous Drugs Ordinance.1
2. Interpretation.
(1) In this Ordinance, unless the context otherwise requires—
“container” includes package, bottle, or other receptacle;
“Director” means the Director of Health Services;
“dispense” includes compound;
“Government Agent” includes Assistant Government Agent;
“local authority” means—
(a) as respects any area within the administrative limits of a Municipal Council, Urban Council or Town Council, the Mayor or Chairman of such Council;
(b) as respects any place not within the aforesaid administrative limits, the Government Agent in charge thereof;
“medical practitioner”, “dentist”, and “pharmacist” respectively means persons registered as such under the Medical Ordinance;
“regulation” means a regulation made under this Ordinance and published in the Gazette, and includes the First, Second, Third, Fourth, Fifth and Sixth Schedules;
“veterinary surgeon” means a veterinary surgeon holding a licence from the local authority to act as such;
“wholesale druggist” means any person holding a licence from the local authority to act as such.
(2) For the purposes of this Ordinance, anything in the order, disposition, power, or control of a person is deemed to be in his possession.
3. Calculation of percentages.
Unless otherwise prescribed by regulation, percentages in the case of liquid preparations shall, for the purposes of this Ordinance, be calculated on the basis that a preparation containing one per centum of any substance means a preparation in which one gramme of the substance, if a solid, or one milliliter of the substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion for any greater or less percentage.
CHAPTER II
POISONS
4. Meaning of poison.
(1) In this Ordinance, unless the context otherwise requires—
“poison” means any article specified in Parts I, II and III of the First Schedule;
“poisonous substance” means any of the substances specified in Part IV of the First Schedule.
(2) In this Chapter, unless the context otherwise requires, “medical practitioner” includes an apothecary entitled to practise medicine under section 41(1)(a) or (b) of the Medical Ordinance.
5. Restrictions on sale and dispensing of poisons.
(1) No person shall dispense or sell any poison except as permitted by, or otherwise than in accordance with, the provisions of this Ordinance.
(2) Where any person, who is permitted by the provisions of this Ordinance to dispense or sell poisons, ceases at any time to be entitled or to be qualified in accordance with those provisions to dispense or sell poisons, all such stock of poisons as may at that time be in his possession shall be disposed of by him within such period, in such manner, and in conformity with such restrictions or conditions, as may be prescribed by regulations. A sale of a stock of poisons effected by any person in accordance with such regulations shall not be deemed to be a contravention of the provisions of subsection (1), notwithstanding that such person may not at the time of the sale be qualified in accordance with the provisions of this Ordinance to sell any poison.
6. Pharmacists.
(1) A pharmacist may dispense and sell poisons for the purposes of and in the course of his business or practice as a pharmacist.
(2) Any person who assumes and uses the title of pharmacist under the provisions of subsection (3) of section 58 of the Medical Ordinance, may sell poisons if he employs a registered pharmacist personally to superintend and manage the sale and the dispensing of poisons.
7. Medical practitioners and dentist.
A medical practitioner or dentist, or a Government apothecary who, under section 41(1)(a) or (b)2 of the Medical Ordinance, is entitled to practise medicine and surgery for gain may dispense and sell poisons for the use of his patients.
8. Veterinary surgeons.
A veterinary surgeon may dispense and sell poisons for the treatment of animals.
9. Poisons for use in agriculture.
(1) —
(a) A person holding a licence from the local authority to sell specially prepared poisons by retail may sell such poisons subject to such restrictions or exceptions as may be prescribed by regulations.
(b) For the purposes of this section “specially prepared poisons” means poisons designed and intended to be used exclusively—
(i) for the purposes of photography;
(ii) in agriculture and horticulture;
(iii) for the destruction of insects, fungi, bacteria or weeds;
(iv) for the preservation of skins or timber or for such other industrial purposes as may be prescribed by regulations;
(v) for the veterinary treatment of animals.
(2) Every such licence shall, unless previously revoked, remain in force for one year.
(3) Every such licence shall be charged with a fee of fifteen rupees payable to the local authority.
10. Wholesale druggists.
A wholesale druggist may, in the ordinary course of wholesale dealing—
(a) sell any poison to a pharmacist or to a person who assumes and uses the title of pharmacist under the provisions of subsection (3) of section 58 of the Medical Ordinance, or to a medical practitioner, a dentist, a veterinary surgeon, a vederala, or to an apothecary entitled to dispense and sell poisons for the use of his patients, or sell any poison for the use of an estate hospital or dispensary established under the Medical Wants Ordinance;
(b) sell to a person licensed by a local authority any poison which that person is authorised to sell.
11. Estate hospitals.
A dispenser appointed under the Medical Wants Ordinance, and an estate dispenser3 appointed by a superintendent to an estate or group of estates with the approval of the Director of Health Services, but only during the time he is actually so employed, may dispense poisons for the use of the estate hospital or dispensary to which he is attached.
12. Vederalas.
A vederala may dispense and sell poisons to and for the treatment of his patients, but not in a form unfitted for use as medicine, or in a larger quantity than is necessary for the treatment of the patient to whom it is supplied.
13. Sale to persons under twelve years of age.
(1) No person shall sell, supply, or deliver any poison to a person under twelve years of age, except on the prescription of a medical practitioner prescribing the poison for the use of that person.
(2) Nothing in this section shall prevent a medical practitioner, dentist, vederala, an apothecary entitled to dispense and sell poisons for the use of his patients, or a dispenser entitled to dispense poisons under section 11 from selling, supplying, or delivering poison to a person under twelve years of age for the purposes of the medical or dental treatment of that person.
14. Duties with regard to prescriptions.
(1) A person who dispenses any prescription, whether containing a poison or regard to not, shall before delivery—
(a) cause a copy of the prescription to be entered in a book (hereinafter called the “Prescription Book”); and
(b) write his name or initials on, or on a label attached to, the container containing the drug.
(2) A container or label attached thereto having the name or initials of a pharmacist thereon shall be sufficient prima facie evidence that the drug in the container was dispensed or compounded by him.
15. Excessive doses.
No person shall dispense any prescription in which the maximum dose of any poison exceeds that laid down in the current edition of the British Pharmacopoeia, unless such dose is specially initiated by the prescriber.
16. Standard of strength of drugs.
No person shall sell or dispense any drug or poison which is stale or unfit for use, or any drug or poison not of the nature, substance, quantity, or quality demanded by the purchaser or specified in the prescription, or, except in accordance with the prescription of a medical practitioner, any drug not being of the standard of strength, quality and purity laid down in the current edition of the British Pharmacopoeia.
17. Sale to unknown persons.
No person shall sell a poison specified in Part I of the First Schedule to a person unknown to the vendor unless the purchaser is introduced by some person known to the vendor, or, where the vendor is a pharmacist, unless the purchaser either is introduced by some person known to the vendor or produces the prescription of a medical practitioner prescribing the poison and the vendor has no reason to suspect that the prescription is not genuine or that the purchaser is not the person for whom the poison was prescribed.
18. Sale of poisons in Part III of the First Schedule.
(1) No person shall sell any poison included in Part III of the First Schedule, except on and in accordance with a prescription given by a medical practitioner, dentist, or veterinary surgeon, or by a Government apothecary who, under section 41(1)(a) or (b) of the Medical Ordinance is entitled to practise medicine and surgery for gain.
(2) Subsection (1) shall not apply to a sale of any of the poisons referred to therein to a pharmacist by a wholesale druggist in the ordinary course of wholesale dealing.
(3) For the purpose of this section a prescription shall—
(a) be in writing, dated and signed by the prescriber with his usual signature, set out his surname and address, and specify the name and address of the person for whose use the prescription is given, the total amount of the poison to be supplied on the prescription, and the dose to be taken;
(b) where it is marked given by a dentist, be For dental treatment only or, where it is given by a veterinary surgeon, be marked “For animal treatment only”.
(4) The person dispensing the prescription shall comply with the following requirements—
(a) the prescription must not be dispensed more than once unless the prescriber has stated thereon that it may be dispensed more than once;
(b) if the prescription contains a direction that it may be dispensed a stated number of times or at stated intervals, it must not be dispensed otherwise than in accordance with such direction;
(c) at the time of the dispensing there must be noted on the prescription, above the signature of the prescriber, the name and address of the person dispensing the prescription and the date on which it is so dispensed.
19. Vendor to enter particulars of sale of poisons in a book.
(1) On every sale of poison, the vendor shall, before delivery, cause the particulars specified in Part V of the First Schedule to be entered in a book (hereinafter called “the Sale of Poisons Book”) and to be signed by himself or the person who dispensed or sold the poison and by the purchaser and his introducer, if any.
(2) Subsection (1) shall not apply to poison supplied—
(a) by a medical practitioner for the treatment of his patient; or
(b) by a pharmacist on the prescription of a medical practitioner, if the prescription and the name and address of the patient or the purchaser, or the name of the patient and the name and address of the person to whom the poison is delivered, are forthwith entered in the Prescription Book; or
(c) by a wholesale druggist in the ordinary course of wholesale dealing to a pharmacist keeping open shop for the sale of drugs by retail.
(3) It shall not be necessary for an entry in the Sale of Poisons Book to be signed by the purchaser where the purchaser is a medical practitioner, and the purchase is made for the purpose of his profession and the following conditions are fulfilled, namely—
(a) there must have been received by the vendor before the sale an order in writing signed by the purchaser stating his name and address and the name and quantity of the article to be purchased;
(b) the vendor must be reasonably satisfied that the signature affixed to the order is in fact the signature of the person purporting to sign it, and that that person is a medical practitioner;
(c) the vendor must enter in the Sale of Poisons Book, in the column assigned to the signatures of purchasers, the words “signed order” followed by the date on which the order is executed, and must preserve the order for a period of two years from the date on which the final entry in the book is made:
Provided that, if a vendor is reasonably satisfied that a medical practitioner desiring to purchase a poison urgently requires it for the purpose of his profession, but is, by reason of some emergency, unable, before delivery, either to furnish to the vendor an order in writing duly signed, or to attend and sign the book, the vendor may send the poison to the purchaser to be handed over to him either in exchange for such an order or on an undertaking by the purchaser to furnish such an order to the vendor within the forty-eight hours next following.
(4) If any purchaser by whom any such undertaking as aforesaid has been given fails to deliver to the vendor a signed order in accordance with the undertaking, or if any person for the purpose of obtaining delivery of any poison under the foregoing proviso makes a statement which is to his knowledge false, he shall be deemed to have contravened the provisions of this Ordinance.
(5) This section applies to dentists and veterinary surgeons in like manner as it applies to medical practitioners.
20. Labeling poisons for sale.
(1) No person shall sell any poison unless the container is distinctly labelled or marked with the name and address of the vendor, with the word “Poison” or “Poisonous” in Sinhala, Tamil and English, and with the name of the poison and, in the case of a preparation which contains a poison as one of the ingredients thereof, with such particulars as to the proportion which the poison contained in the preparation bears to the other ingredients as may be prescribed by regulation.
(2) Subsection (1) shall not apply to sales by or on the prescription of a medical practitioner—
(a) of poison intended for internal use as a medicine if the name and address of the vendor and explicit directions for its use are written on the container in Sinhala, Tamil, or English at the discretion of the pharmacist;
(b) of poison intended for external use as a medicine if the name and address of the vendor and explicit directions for its use are written on the container in Sinhala, Tamil or English at the discretion of the pharmacist, and the word “Poison” or “Poisonous” in Sinhala, Tamil and English is written on the container.
(3) No person shall sell any liquid containing poison in a container containing less than one reputed quart unless the container is rendered distinguishable by touch from ordinary containers.
(4) Subsection (3) shall not apply to sales of poison intended for internal use as medicine if explicit directions for its use and the word “Poison” or “Poisonous” in Sinhala, Tamil and English are written on the container, or to sales of poisons by wholesale druggists in the ordinary course of wholesale dealings.
21. Labeling of poisonous substances for sale.
(1) No person shall sell any poisonous substance except in a container labelled or marked with the name of the substance, the words “Poison” or “Poisonous, not to be taken” in Sinhala, Tamil and English, and with the name and address of the vendor.
(2) No person shall sell any liquid poisonous substance in a container containing less than one reputed quart unless the container is rendered distinguishable by touch from ordinary containers.
(3) Subsection (2) shall not apply to sales of poisonous substances by wholesale druggists in the ordinary course of wholesale dealings.
22. Storage of poisons.
No person shall keep any poison in any warehouse, shop, or dispensary, unless—
(a) the container is labelled or marked with the word “Poison” or “Poisonous” in Sinhala, Tamil and English, and with the name of the article; and
(b) such poison is kept in one or other of the following ways, namely—
(i) in a bottle or vessel tied over, capped, locked, or otherwise secured in a manner different from that in which bottles or vessels containing other articles are secured in the same warehouse, shop, or dispensary; or
(ii) in a bottle or vessel rendered distinguishable by touch from the bottles or vessels in which other articles are kept in the same warehouse, shop, or dispensary; or
(iii) in a bottle, vessel, box, or package in a room or cupboard set apart for the storage of poisons.
23. Arsenic.
(1) No person shall sell any arsenic which is not before the sale mixed with soot or indigo in the proportion of not less than one ounce of soot or half an ounce of indigo to one pound of the arsenic, and so in proportion for any greater or less quantity.
(2) In this section “arsenic” means arsenious oxide or arsenious acid (commonly known as white arsenic) in the form of lumps or powder, and whether chemically pure or not.
(3) This section shall not apply to sales—
(a) by wholesale druggists to medical practitioners, dentists, veterinary surgeons, pharmacists, vedaralas, or apothecaries; or
(b) by or on the prescription of a medical practitioner or dentist.
24. Regulations for the purposes of this Chapter.
Regulations may be made for the purposes of this Chapter—
(a) prescribing the period within which, the manner in which, and the restrictions and conditions in conformity with which, any stock of poisons in the possession of any person referred to in section 5(2) shall be disposed of by such person;
(b) imposing the restrictions or exceptions, and prescribing the industrial purposes, referred to in section 9;
(c) restricting and regulating the possession and transport of poisons by persons who are wholesale druggists or holders of licences to sell specially prepared poisons by retail; and
(d) prescribing the nature or description and the quantities of the poisons which may be kept for sale and sold by persons who are wholesale druggists or holders of licenses to sell specially prepared poisons by retail and the precautions to be taken in relation to such poisons by such persons.
25. Analysis of samples.
(1) Any medical practitioner serving in the Department of Health, or any Collector of Customs, or any Superintendent or Assistant Superintendent of Police, or any person authorised in writing by any such medical practitioner, Collector, Superintendent, or Assistant Superintendent, may purchase a sample of any drug or poison for analysis by an authorised analyst.
(2) The person purchasing the sample shall forthwith notify to the seller, or his agent selling the article, his intention to have the same analysed by an authorised analyst, and shall divide the article into two parts to be then and there separated and cause each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall deliver one of such parts to the seller or his agent, and the other, if he deems it right to have the article analysed, to an authorised analyst. The seller of any such article so sold may affix his own private seal to the sample so obtained in such a manner as not to interfere with the seal affixed by the authorised person.
(3) If two or more articles, purporting to be of the same nature, size, or weight, and quality, are purchased for analysis—
(a) the purchaser, instead of dividing each article into two parts, may, if he thinks fit, cause, as near as may be, half the number of such articles to be separated, fastened up, marked, sealed, and delivered to the seller or his agent and cause, as near as may be, half the number of such articles to be separated, fastened up, marked, sealed, and delivered to an authorised analyst for analysis;
(b) the authorised analyst, if any such article singly is too small to be conveniently analysed as a separate sample, may mix together two or more of such articles and analyse them as a single sample.
(4) No pharmacist keeping open shop for the sale or dispensing of drugs shall refuse to sell for analysis under the foregoing provisions of this section any drug or poison exposed or kept for sale or apparently intended for use in dispensing medicines.
(5) In any proceedings under this Ordinance, the production of a certificate signed by an authorised analyst with regard to any sample procured for analysis under this section shall be prima facie evidence of the facts therein stated, and no proof need be given of the signature or appointment of the person signing the certificate.
(6) In this section “authorised analyst” means the Government Analyst, an Assistant Government Analyst, and any other person authorised by the Minister by notice in the Gazette to act as such.
CHAPTER III
POPPY, COCA, AND INDIAN HEMP PLANTS
26. Definitions-poppy plant, coca plant, and hemp plant.
In this Ordinance, unless the context otherwise requires—
“poppy plant” means the plant known as Papaver somniferum L;
“coca plant” means any plant of the genus Erythroxylum from which cocaine can be extracted, either directly or by chemical transformation;
“hemp plant” means the plant known as Cannabis saliva L.
27. Prohibition against cultivation of poppy.
No person shall, without the licence of the Minister, sow, plant, cultivate, obtain, or have in his possession any poppy plant, coca plant, or hemp plant, or collect or have in his possession the seeds, pods, leaves, flowers, or any part of any such plant.
28. Prohibition against import and export of poppy.
No poppy plant, coca plant, or hemp plant, or seeds, pods, leaves, flowers, or any part of any such plant or any preparation thereof, shall be imported or brought into or exported from Sri Lanka.
[S 28 subs by s 2 of Act 13 of 1984.]
29. Prohibition against possession, use of any preparation from the hemp plant, poppy plant or the coca plant.
Except as provided for in Chapters IV and V hereafter, no person shall collect, prepare, process, sell or offer for sale, manufacture, store, obtain or have in his possession, consume, distribute or use—
(a) any resin obtained from the hemp plant for the preparations or extracts from the hemp plant commonly known as bhang, hashish or ganja or any other preparation of which such resin forms a part;
(b) any exudates obtained from the poppy plant or the preparation of or extracts from the poppy plant commonly known as opium, morphine, heroin or any other preparations of which such resin forms a part; and
(c) any preparations, alkaloids and salts from the coca plant.
[S 29 subs by s 2 of Act 13 of 1984.]
30. Exception in favour of preparations and cordage.
Nothing in this Chapter shall affect the lawful import, export, supply, manufacture, use, or possession of galenical preparations (extract and tincture) of the hemp plant under Chapter V, or of hemp rope or cordage, or of hemp fibre suitable for manufacture into rope or cordage, or the transit, in accordance with the provisions of Chapter VI, of any article referred to in sections 27, 28 and 29, through Sri Lanka or the territorial waters4 or any port of Sri Lanka, whether with or without transhipment or unshipment.
CHAPTER IV
RAW AND PREPARED OPIUM
31. Definitions of raw opium “prepared opium”, and “registered consumer”.
In this Ordinance, unless the context otherwise requires”—
“raw opium” means the spontaneously coagulated juice obtained from the capsules of the Papaver somniferum L, which has only been submitted to the necessary manipulations for packing and transport, whatever its content of morphine;
“prepared opium” means raw opium which has undergone the processes necessary to adapt it for smoking, and includes opium dross and any other residues remaining after opium has been smoked;
“registered consumer” means a person who, on the date on which this Ordinance comes into operation, is a consumer of opium registered under the Opium Ordinance, 1910.5
32. Restriction on import and export of raw or prepared opium.
(1) No person, except the Director acting under the authority of the Minister, shall import or bring into Sri Lanka any raw or prepared opium.
(2) The Minister may, from time to time, authorise the Director to purchase and import on behalf of the Government such quantities of raw and prepared opium as may be required in Sri Lanka for medical or scientific purposes or for supply to registered consumers or registered vederalas. In importing such opium the Director shall comply with the regulations in Part II of the Third Schedule so for as applicable.
(3) No person shall export any raw or prepared opium from Sri Lanka.
(4) The Director may, subject to such conditions as he may think fit to impose, supply and grant licences for the use of raw or prepared opium for scientific purposes.
33. Restriction on possession of raw opium and opium dross.
No person shall prepare, treat, or have in his possession any raw or prepared opium except as allowed by this Ordinance or by regulation or otherwise than in accordance with the terms of any licence for its use for scientific purposes granted by the Director.
34. Restriction on supply of raw supply or prepared opium.
No person shall supply or procure, or offer to supply or procure, raw or supply or prepared opium to or for any person, whether in Sri Lanka or elsewhere, except as permitted by, or otherwise than in accordance with, the provisions of this Ordinance or any regulation.
35. Distribution of raw or prepared opium among registered, consumers.
(1) The Director may in his discretion distribute raw or prepared opium to registered consumers or registered ayurvedic practitioners as provided for in the Act.
[S 35(1) subs by s 2 of Act 26 of 1986.]
(2) Such distribution shall be effected through opium officers who shall be—
(a) Public Officers in the Department of Health specially appointed by the Director to be opium officers; and
(b) officers in charge of all hospitals and dispensaries of the Department of Ayurveda appointed by the Commissioner for Ayurveda to be opium officers.
[S 35(2) subs by s 2 of Act 26 of 1986.]
(3) The Director shall keep and revise, from time to time, a register of all opium officers.
(4) An opium officer may on behalf of the Government deliver, on payment of the prescribed price and in accordance with any regulations applicable, raw or prepared opium to—
(a) a registered consumer for his personal consumption;
(b) a registered vederala for the treatment of his patients.
(5) an opium officer shall not receive any commission on, or profit from, the distribution of opium.
36. Restriction on consumption raw or prepared opium.
No person shall consume raw or prepared opium, whether by eating or smoking, except, in accordance with the provisions of this Ordinance—
(a) opium supplied to him as a registered consumer; or
(b) opium supplied to him by a registered vederala for his treatment when ill.
37. Prohibition against use of premises for consuming of opium.
No person shall knowingly suffer or permit any premises in his possession to be used as a place of resort for the purpose of eating, smoking, storing, consuming or administering any opium or any preparation thereof.
[S 37 subs by s 3 of Act 13 of 1984.]
38. Special directions as to quantity and reduction of allowance.
(1) The Minister may, from time to directions as to time, give directions as to the quantity of reduction of opium which may be allowed to a registered consumer, and in particular for the gradual reduction of the allowance of opium to an addict certificate of registration.
(2) The Government Agent of the area where any registered consumer ordinarily resides shall issue to that consumer a certificate of registration—
(a) specifying his allowance of opium, and the opium officer from whom it may be obtained;
(b) stating whether the allowance is intended to be used for smoking or eating; and
(c) including also such special directions or restrictions as the Minister may have given or imposed by order made in that behalf.
POISONS, OPIUM AND DANGEROUS DRUGS
39. Quantity permitted.
(1) No registered consumer shall have in his possession at any one time any quantity of opium in excess of five weeks’ supply, computed on the basis of the allowance specified in the certificate of registration issued to him and in accordance with such directions as may be given by the Minister under section 38.
(2) No registered consumer shall—
(a) part with the possession of the certificate of registration issued to him or of any opium supplied to him; or
(b) be party or privy to the use by any other person of such certificate or opium.
40. Cancellation of registration.
(1) The Minister may at any time Cancellation of direct the registration of a consumer to be cancelled.
(2) A Government Agent shall cancel the registration of a consumer who has not been supplied with opium for six consecutive months.
(3) A Government Agent may, if he thinks fit, cancel the registration of a consumer who is convicted of an offence which, in the opinion of the Government Agent, shows him to have abused his privilege of obtaining opium.
(4) Every decision of a Government Agent under this section shall be subject to appeal to the Minister.
41. Consumer to surrender certificate on cancellation.
(1) Whenever the registration of a consumer is cancelled or his allowance of opium is altered or suspended, the Government Agent shall forthwith inform the consumer, who shall within fourteen days of being so informed surrender his certificate to the Government Agent.
(2) A Government Agent shall keep and revise, from time to time, a register of all consumers of opium registered in his district.
42. Registration of vederalas.
(1) In this Ordinance, “registered vederala” means a person who at the commencement of this Ordinance is registered as a vederala under the Opium Ordinance, 1910. or who is registered as a vederala under this Ordinance.
(2) The Minister shall, from time to time, appoint for each province, or, if he thinks fit, for any administrative district, a board consisting of the Government Agent, who shall be Chairman, and such other persons as the Minister shall think fit to appoint. Any board appointed under the corresponding provisions of the Opium Ordinance, 1910. shall be deemed to have been appointed under this section.
(3) It shall be the duty of every such board to deal with applications for registration by vederalas, and to direct or refuse registration in their discretion, and from time to time, to fix the amount of opium which may be supplied to any registered vederala.
(4) The board shall cancel the registration of a vederala who ceases to practise or is convicted of an offence which, in the opinion of the board, shows him to be unfitted to be entrusted with opium.
(5) Every decision of the board under this section shall be subject to appeal to the Minister.
(6) A Government Agent shall keep and revise, from time to time, a register of vederalas registered in his district.
43. Supply to vederalas.
(1) The Government Agent shall issue a certificate of registration to every registered vederala specifying the quantity of opium which may be supplied to him and the opium officer from whom it may be obtained.
(2) Whenever the registration of a vederala is cancelled or his allowance of opium is altered, the Government Agent shall forthwith inform the vederala, who shall within fourteen days of being so informed surrender his certificate to the Government Agent.
(3) —
(a) No registered vederala shall have in his possession, at any time, any quantity of opium in excess of eight months’ supply, computed on the basis of the rate or quantity specified in the certificate of registration issued to him.
(b) No registered vederala shall supply opium for eating or smoking or for any purpose other than the treatment of disease; and in the treatment of disease, no opium shall be supplied to any patient in any form other than that of a medicinal preparation, or in any quantity at any one time exceeding the total of the doses prescribed for that patient for three days.
44. Proof of registers.
(1) An extract from or copy of any register kept by a Government Agent or the Director under this Chapter or under any regulations contained in the Second Schedule certified as correct by the Government Agent or, in the case of a register kept by the Director, by the Director, shall be admissible in evidence without proof and shall be sufficient prima facie evidence of the facts stated therein.
(2) The certificate of the Government Agent or the Director that the name of any person does or does not appear in such register shall be admissible in evidence and shall be sufficient prima facie evidence of the fact.
(3) For the purposes of this section, no proof need be given unless the court otherwise requires, of the signature of the Government Agent or Director or of his appointment.
45. Regulations for giving effect to this Chapter.
The provisions of this Chapter shall Regulations for be carried into effect in accordance with the regulations contained in the Second Schedule.
646. Omitted.
47. Savings for raw opium transit.
Nothing in this Chapter shall affect the transit, in accordance with the in provisions of Chapter VI, of any raw opium through Sri Lanka, or the territorial waters or any port of Sri Lanka, whether with or without transhipment or unshipment.
CHAPTER V
DANGEROUS DRUGS
48. Definitions.
For the purposes of this Ordinance unless the context otherwise requires—
(1) the drugs, substances, articles or preparations, specified for the time being in Groups A, B, C, D and E in Part I of the Third Schedule, shall be deemed to be dangerous drugs; and
(2) no person shall be deemed to be a veterinary surgeon unless he holds a licence from the local authority to act as such and, in addition, a licence from the Director to exercise the privileges conferred on veterinary surgeons by this Chapter.
49. …
[ S 49 rep by s 4 of Act 13 of 1984.]
50. …
[S 50 rep by s 4 of Act 13 of 1984.]
51. Restrictions on wholesale trade of dangerous drugs.
(1) All wholesale trade within Sri Lanka in any of the drugs, substances, articles or preparations, specified for the time being in Groups B and C, and all retail trade in any of the drugs, substances, articles or preparations, specified for the time being in Group B, in Part I of the Third Schedule, shall be subject to the regulations made in that behalf.
(2) No person shall conduct or participate in the wholesale trade referred to in subsection (1) until regulations are made as aforesaid or otherwise than in accordance with those regulations.
(3) The sale, dispensing, possession, and use of dangerous drugs are subject to the same restrictions as are other poisons under Chapter II, and, in addition, to the provisions of this Chapter and such regulations as may be made in that behalf.
52. Restriction on possession and consumption.
(1) No person shall obtain or have in his possession any dangerous drug except as permitted by, or otherwise than in accordance with, the provisions of this Chapter or a licence of the Director.
(2) No person shall knowingly consume any dangerous drug, unless it is supplied to him for the purpose by a medical practitioner or by a pharmacist in accordance with the prescription of a medical practitioner.
(3) Every person who has in his possession any dangerous drug which has been supplied to him for his use by or on the prescription of a medical practitioner shall be guilty of an offence against this Ordinance, if he was at the time of the supply receiving treatment from another medical practitioner, and had in the course of such treatment been supplied with any of the drugs by or on the prescription of such last-mentioned medical practitioner, and did not disclose that fact to the first-mentioned practitioner before the drug was supplied to him.
53. Prohibition against manufacture.
No person shall manufacture or carry on any process in the manufacture of any dangerous drug.
54. Restriction on sale and supply.
(1) No person shall administer, sell, supply, or procure or offer to sell, supply, or procure any dangerous drug to or for any person, whether in Sri Lanka or elsewhere, or advertise any such drug for sale, except as permitted by, or otherwise than in accordance with, the provisions of this Ordinance and a licence in that behalf from the Director.
(2) Where any person, who is permitted by this Ordinance and by a licence from the Director to administer, sell or supply dangerous drugs, ceases at any time to be entitled or to be qualified in accordance with the provisions of this Ordinance to administer, sell or supply dangerous drugs, all such stock of dangerous drugs as may at that time be in his possession shall be disposed of by him within such period, in such manner, and in conformity with such restrictions or conditions, as may be prescribed by regulations. A sale of a stock of dangerous drugs effected by any person in accordance with such regulations shall not be deemed to be a contravention of the provisions of subsection (1), notwithstanding that such person may not at the time of the sale be qualified in accordance with the provisions of this Ordinance to sell any dangerous drug.
54A. Prohibition against manufacture, trafficking, import or export and possession of dangerous drugs.
(1) Any person who—
(a) manufactures any of the following dangerous drugs, namely heroin or cocaine or morphine or opium shall be guilty of an offence against this Ordinance and shall on conviction by the High Court without a jury be liable to a sentence of death or life imprisonment;
(b) except as permitted by or otherwise than in accordance with the provisions of this Chapter or a licence of the Director, traffics in any dangerous drug set out in Column II of Part III of the Third Schedule in excess of the amount set out in the said Column II shall be guilty of an offence against this Ordinance and shall on conviction by the High Court without a jury be liable to the penalty set out in the corresponding entry in Column III of that Part;
(c) except as permitted by or otherwise than in accordance with the provisions of this Chapter or a licence of the Director, imports or exports any dangerous drug let out in Column II of Part III of the Third Schedule in excess of the amount set out in the said Column II shall be guilty of an offence against this Ordinance and shall on conviction by the High Court without a jury he liable to the penalty set out in the corresponding entry in Column III of that Part;
(d) except as permitted by or otherwise than in accordance with the provisions of this Chapter or a licence of the Director, possesses any dangerous drug set Out in Column II of Part III of the Third Schedule in excess of the amount set out in the said Column II shall be guilty of an offence against this Ordinance and shall on conviction by the High Court without a jury be liable to the penalty set out in the corresponding entry in Column III of that Part.
[S 54A ins by s 5 of Act 13 of 1984; renumbered as s 54A(1) by s 2(1) and am by s 2(2) of Act 41 of 2022.]
(2) In any proceedings under subsection (1), a certificate signed by an authorised analyst confirming—
(a) the type of the dangerous drug; and
(b) that the gross weight of such dangerous drug is two grammes or less,
shall be prima facie evidence of the facts stated therein and the pure quantity of such dangerous drug shall be deemed to be not exceeding two grammes.
[S 54A(2) ins by s 2(3) of Act 41 of 2022.]
(3) In this section—
“Government Analyst” means the person holding office as the Government Analyst for the time being and includes an Additional, Deputy, Senior Assistant or Assistant Government Analyst and any person appointed to act as the Government Analyst or an Additional, Deputy, Senior Assistant or Assistant Government Analyst;
“manufacture” in relation to a dangerous drug includes any process of producing such drug and the refining or transformation of one drug into another;
“traffick” means—
(a) to sell, give, procure, store, administer, transport, send, deliver or distribute; or
(b) to offer to do anything specified in paragraph (a).
[S 54A(3) ins by s 2(3) of Act 41 of 2022.]
54B. Abetting in the commission of an offence under section 54A.
Any person who abets the commission of or who attempts to commit or does any act preparatory to or in furtherance of the commission of any offence under section 54A, shall be guilty of such offence and shall be liable on conviction to the punishment provided for such offence.
[S 54B ins by s 5 of Act 13 of 1984.]
55. Supply to medical practitioners and others.
(1) The Director may in his discretion, on payment of the prescribed price, supply in accordance with the regulations contained in the Second Schedule any dangerous drug—
(a) to a medical practitioner, dentist, pharmacist, or veterinary surgeon for use in accordance with the provisions of this Chapter; and
(b) for use in estate hospitals or dispensaries established under the Medical Wants Ordinance in accordance with the conditions or provisions contained in any licence issued by the Director for the use of dangerous drugs in such hospital or dispensary; and
(c) to the master of any ship not carrying a medical practitioner as part of her complement so far as is necessary to comply with the requirements of the Merchant Shipping Act or any regulations made thereunder,
(2) Every person to whom any dangerous drug is supplied under the provisions of this section shall keep the same in a locked receptacle of which the key shall be kept by himself or a qualified assistant.
(3) Unless a price is prescribed by regulation, the prescribed price of a dangerous drug means its cost with an addition of ten per centum of such cost. The cost includes freight and insurance and any import duty which would be payable thereon if it were imported by a person other than the Director.
56. Supply by medical practitioners, dentists, and veterinary surgeons.
(1) A medical practitioner may administer, prescribe or supply any dangerous drug for the treatment of his patients, but shall not supply to any patient more than the amount to be taken by him during three days.
(2) A dentist may administer, prescribe, or supply any dangerous drug for the dental treatment of his patients by local application, but shall not supply to any patient more than the amount to be used by him during three days.
(3) A dentist may, for the purpose of dental treatment, administer a dangerous drug by hypodermic injection.
(4) A veterinary surgeon may administer, prescribe, or supply any dangerous drug for the treatment of animals, but shall not supply to any person more than the amount to be taken by the animal during three days.
(5) Any person may administer any dangerous drug by and in accordance with the orders of a medical practitioner, dentist, or veterinary surgeon.
57. Supply by pharmacists.
A pharmacist may on premises licensed for the purpose by the Director supply a dangerous drug to any person on the prescription of a medical practitioner, dentist, or veterinary surgeon.
58. Power to withdraw authorisation.
(1) If any person authorised by this Ordinance to administer, supply, prescribe, or be in possession of dangerous drugs is convicted of an offence against this Ordinance or of an offence under any enactment relating to the customs as applied by this Ordinance, the Director may by notice in the Gazette withdraw the authorisation in respect of any such person, if, in the opinion of the Director, such person cannot properly be allowed to administer, supply, prescribe, or be in the possession of any such drug.
(2) If the Director is of opinion that there is reason to think that a medical practitioner or a dentist is supplying, administering, or prescribing any dangerous drug, either to or for himself, or to or for any other person otherwise than as properly required for purposes of medical or dental treatment, he may refer the case to the Ceylon Medical Council as constituted by section 12 of the Medical Ordinance, and if after consideration the Medical Council so recommends, the Director may act in all respects as if such medical practitioner had been convicted of any of the offences mentioned in subsection (1).
(3) Every decision of the Director under this section shall be subject to appeal to the Minister.
59. Prescriptions.
(1) No person other than a medical practitioner, dentist, or veterinary surgeon shall give any prescription for the supply of a dangerous drug.
(2) A prescription for the supply of dangerous drugs shall comply with the following conditions, namely—
(a) it shall be in writing, dated, and signed by the prescriber with his usual signature, including his surname, and address, and shall specify the name and address of the person for whose use the prescription is given, and the total amount of the drug to be supplied on the prescription; no dangerous drug shall be prescribed for the prescriber’s own use;
(b) if a form for use in giving prescriptions of dangerous drugs is prescribed by regulation, the prescription shall be given on such form; but on an emergency, where such form is not available, an emergency prescription may be given without using the form, the prescription being marked with the words “Official form not available” or to that effect;
(c) the total amount of the drug prescribed shall not exceed the amount to be taken by the patient during three days:
Provided that the prescription may direct that the amount prescribed may be supplied on more than one but not more than three occasions at intervals to be specified in the prescription;
(d) a prescription shall be given by a dentist only for the purposes of dental treatment by local application, and shall be marked “For local dental treatment only”;
(e) a prescription shall be given by a veterinary surgeon only for the purposes of treatment of animals and shall be marked “For animal treatment only”;
(f) a medical practitioner, dentist, or veterinary surgeon shall not give a prescription for the supply of a dangerous drug otherwise than in accordance with the foregoing conditions;
(g) a medical practitioner who dispenses any dangerous drug shall enter particulars thereof in his daybook or in the register hereinafter specified.
(3) The following conditions shall be observed by persons dispensing a prescription for any dangerous drug, namely—
(a) he shall not dispense any prescription which does not comply with the provisions of this Ordinance;
(b) if an official form is not prescribed, he shall not dispense a prescription, unless the prescription complies with the provisions of this Ordinance, and he—
(i) either knows and recognises the signature of the prescriber and has no reason to suppose that the prescription is not genuine; or
(ii) has taken reasonably sufficient steps to satisfy himself that the prescription is genuine;
(c) he shall not dispense an emergency prescription, unless the prescription complies with the provisions of this Ordinance, and he knows and recognises the signature of the prescriber or knows the person for whose use the prescription is given and has no reason to suppose that the prescription is not genuine;
(d) the drug shall not be supplied more than once on the same prescription:
Provided that, if the prescription so directs, the drug may be supplied on more than one but not more than three occasions, as directed in the prescription, at intervals to be specified on the prescription;
(e) the prescription shall be marked with the date or each date on which it is dispensed, and shall be retained by the person by whom the prescription is dispensed, and shall be kept on the premises where it is dispensed and shall be available for inspection.
60. Marking of containers.
(1) No person shall supply any dangerous drug unless the container is plainly marked with the amount of such dangerous drug in the container.
(2) No person shall supply any liquid or substance containing any dangerous drug unless the container is plainly marked—
(a) in the case of a powder, solution, or ointment, with the total amount thereof in the container and the percentage of the drug in the powder, solution, or ointment;
(b) in the case of tablets or other articles, with the amount of the drug in each tablet or article and the number of tablets or articles in the container.
(3) This section shall not apply to a preparation dispensed by or on the prescription of a medical practitioner.
61. Duties of person supplying dangerous drugs.
(1) Every person who supplies any dangerous drug shall comply with the following provisions—
(a) he shall enter or cause to be entered in a register kept for the sole purpose all supplies of the drug purchased or otherwise obtained by him and all dealings in the drug effected by him (including sales or supplies to persons outside Sri Lanka) in the form and containing the particulars shown in the Fourth Schedule;
(b) separate registers or separate parts of the register shall be used for—
(i) cocaine and ecgonine and substances containing them;
(ii) morphine and substances containing it;
(iii) diamorphine and substances containing it,
(iv) medicinal opium;
(v) extract or tincture of the hemp plant or of the resin obtained from the hemp plant; and
(vi) other drugs, substances, articles or preparations deemed to be dangerous drugs under section 48 and substances containing them, or any of them:
Provided that with the approval of the Director separate registers may be kept for separate departments of a business;
(c) he shall make the entry with respect to any of the drugs purchased or otherwise obtained by him on the day on which the drug is received, and with respect to any sale or supply by him of the drug on the day on which the transaction is effected; or where that is not reasonably convenient, on the day following the day on which the drug is received or the transaction is effected;
(d) where he carries on business at more than one set of premises, he shall keep a separate register or registers in respect of each set of premises;
(e) he shall keep the register or registers in some part of the premises to which it relates so that it shall at all times be available for inspection in accordance with the provisions of this Ordinance;
(f) he shall not cancel, obliterate, or alter any entry in the register or make therein any entry which is untrue in any particular. Any mistake in an entry may be corrected by a marginal note or footnote giving the correct particulars, dated and signed;
(g) he shall furnish to the Director or to any person authorised by any order of the Director for the purpose all information in regard to any purchases by him of the drugs, all stocks held by him of the drugs, and all transactions effected by him in the drugs as may be required by the Director for the purpose of seeing that the provisions of this Ordinance are observed.
(2) A medical practitioner who records in a daybook particulars of any dangerous drug supplied by him to any patient, together with the name and address of the patient and date of the supply, may, in lieu of keeping the register required by subsection (1) of dangerous drugs sold or supplied by him, enter separately for each of the drugs in a book to be kept for the purpose references under the appropriate dates to the records in the daybook of any supply of the drug.
(3) A pharmacist may, in lieu of keeping the register required by subsection (1) of dangerous drugs sold or supplied by him, enter separately for each of the drugs in a book to be kept for the purpose references under the appropriate dates to the entries in the Sale of Poisons Book or Prescription Book kept by him in pursuance of this Ordinance.
62. Records to be preserved for two years.
Prescriptions, books, records, or registers required to be retained or kept in pursuance of this Chapter shall be preserved for not less than two years from the date of the prescription or the last entry in the book, record, or register, as the case may be.
63. Delivery to messengers.
(1) No person shall deliver any dangerous drug to a person not licensed or otherwise authorised to be in possession of the drug who purports to be sent by or on behalf of a person so licensed or authorised, unless such person produces an authority in writing signed by the person so licensed or authorised to receive the drug on his behalf, and unless the person supplying the drug is satisfied that the authority is genuine.
(2) This section shall not apply to a dangerous drug supplied by or on the prescription of a medical practitioner.
64. Disposal of dangerous drugs on death.
On the death of any person having any dangerous drug in his possession, his executor, administrator, next of kin, or other person into whose possession the dangerous drug shall come shall forthwith inform the Director of the fact, and subject to any conditions which may be imposed by the Director, it shall be lawful for the executor, administrator, or next of kin of the deceased to dispose of such dangerous drug to any person authorised to possess the same, and pending such disposal, shall, if so required by the Director, deposit the drug for safe custody with such person as shall be appointed for the purpose by the Director, and shall inform the Director in writing of the name and address of the person to whom the drug is disposed of.
65. Hypodermic syringes.
(1) No person not being a medical practitioner, dentist, veterinary surgeon, or pharmacist, or wholesale druggist shall make, import, or possess any hypodermic syringe or other apparatus for injecting any dangerous drug.
(2) This section shall not prevent a person from obtaining, possessing, and using a hypodermic syringe by and in accordance with the orders of a medical practitioner.
66. Supply to hospital, laboratories, and apothecaries.
(1) The Director may supply dangerous drugs for the use of public or other hospitals, or dispensaries, and for the purpose of instruction or research in a laboratory attached to any university, college, hospital, or other institution, and may exempt any such hospital, dispensary, or laboratory from all or any of the restrictions in the Ordinance on the dispensing and use of such drugs.
(2) The Director may grant a licence to any apothecary entitled to practise under section 41(1)(a) or (b) of the Medical Ordinance, to obtain and use in the medical treatment of his patients any of the drugs specified in the Fifth Schedule:
Provided that an apothecary obtaining or using any such drug shall be subject in all respects to the provisions of this Ordinance relating to dangerous drugs in like manner as if he were a medical practitioner.
67. Application of this Chapter to certain specified drugs.
None of the provisions of this chapter, save only those relating to importation and exportation, shall apply to any of the drugs, substances, articles, or preparations specified for the time being in Group D in Part I of the Third Schedule.
68. Regulations.
Regulations may be made—
(a) for the restriction, control or supervision of the wholesale trade in any of the drugs, substances, articles or preparations, specified for the time being in Groups B and C, and of the retail trade in any of the drugs, substances, articles or preparations, specified for the time being in Group B, in Part I of the Third Schedule;
(b) for prescribing the manner in which the drugs, substances, articles or preparations, specified for the time being in Part I of the Third Schedule, shall be kept or stored;
(c) for prescribing the period within which, the manner in which, and the restrictions and conditions in conformity with which, any stock of dangerous drugs in the possession of any person referred to in section 54(2) shall be disposed of by such person; and
(d) for exempting any drug, substance, article or preparation from all or any of the provisions of this Chapter, either absolutely or subject to such conditions as may be specified in the regulations.
CHAPTER VI
TRANSIT AND TRANSHIPMENT OF OPIUM AND DANGEROUS DRUGS AND PLANTS
69. Definition of “restricted articles”.
In this Ordinance, unless the context otherwise requires, “restricted articles” means—
(a) raw opium;
(b) poppy plants, coca plants, and hemp plants, and the seeds, pods, leaves, flowers, roots, and any part of any such plant or any preparation thereof, other than hemp rope or cordage or hemp fibre suitable for manufacture into rope or cordage or for the purposes of any industry;
[S 69(b) am by s 6 of Act 13 of 1984.]
(c) the resin obtained from the hemp plant, and the preparations of the hemp plant known as bhang, hashish, or ganja, or any other preparation of which such resin forms a part;
(d) dangerous drugs.
70. Restriction on transit and transhipment.
(1) It shall be unlawful to carry through Sri Lanka or the territorial waters or any port of Sri Lanka, whether with or without transhipment or unshipment, or to bring into the territorial waters or any port of Sri Lanka with a view to its being carried through Sri Lanka or any port of Sri Lanka—
(a) any restricted article except in accordance with the regulations in the Sixth Schedule; or
(b) any prepared opium.
(2) This section does not apply to any restricted article lawfully carried through Sri Lanka by post without being opened in accordance with any rules for the time being applicable to the carriage of such articles by post.
71. Restriction on treatment and repacking in bonded warehouse.
No restricted article shall, while in the territorial waters or any port of Sri Lanka for the purpose of transit or trans-shipment, be subjected to any process which will in any way alter its nature or composition, or, except with the permission of the Principal Collector of Customs, be repacked or unpacked.
72. Seizure and forfeiture.
If there shall be any contravention of or attempt to contravene any provision of this Chapter or any regulation contained in the Sixth Schedule with respect to a restricted article, such article shall be liable to seizure and forfeiture under the Customs Ordinance, as if it were a prohibited import unlawfully imported into Sri Lanka.
CHAPTER VII
SUPPLEMENTARY
73. Application of Customs Ordinance.
Articles of which the importation is by this Ordinance prohibited or restricted shall be deemed to be included in the table of prohibitions and restrictions inwards in Schedule B to the Customs Ordinance, and articles of which the exportation is by this Ordinance prohibited or restricted shall be deemed to be included in the table of prohibitions and restrictions outwards in that Schedule.
74. Prohibition against false other person.
No person shall for the purpose of obtaining, whether for himself or for any declarations—
(a) the issue, grant, delivery, alteration, or renewal of any licence, permit, authority, authorisation, or certificate under this Ordinance or any regulation;
(b) registration as a consumer of opium or as a vederala;
(c) any increased allowance or supply of opium;
(d) an appointment as an opium officer; or
(e) any supply or delivery of opium or any dangerous drug, make any declaration or statement, whether oral or in writing, which is false in any particular, or knowingly utter, produce, or make use of any such declaration or statement or any document containing the same.
75. Refusal and cancellation of licences and imposition of fees.
(1) Where under this Ordinance or any regulation any person has power to grant any licence, he may, in his discretion—
(a) insert such conditions therein as he may consider expedient;
(b) refuse to grant or cancel the licence.
(2) Every decision under this section shall be subject to appeal to the Minister.
(3) Regulations may be made prescribing the form of any licence under this Ordinance, imposing a fee for the grant of any such licence and providing for the disposal of any such fee.
(4) This section applies to a permit, authority, authorisation, or certificate in like manner as it applies to a licence, and applies to a local authority in like manner as it applies to a person.
76. Powers of inspection.
(1) The Director or an officer authorised by him in writing, or any member of the police force of or above the rank of Sub-Inspector or, in the case of premises of a medical practitioner, of or above the rank of Assistant Superintendent may, between the hours of 8 a.m. and 4 p.m. of any week day, enter any premises where poisons or dangerous drugs are stored, dispensed, or sold and inspect and take extracts from or copies of the Sale of Poisons Book and any book, document, or register relating to dangerous drugs kept on the premises and inspect any stocks of poisons or dangerous drugs on the premises.
(2) No person shall willfully delay or obstruct any person in the exercise of his powers under this section or fail to produce or conceal any such book, document, register, or stocks as aforesaid which may be in his possession.
77. Search warrants.
(1) If a Government Agent or Magistrate is satisfied by information on oath that there is reason to suspect that anything is, in contravention, kept, possessed, Ordinance or any regulation, kept, possessed, sold, or manufactured in any place or premises, or that any document directly or indirectly relating to or connected with any transaction or dealing which was, or any intended transaction or dealing which, if carried out, would be an offence against this Ordinance, or in the case of a transaction or dealing carried out or intended to be carried out in any place outside Sri Lanka, would be an offence against the provisions of any corresponding law in force in that place, is in any place or premises, he may grant a search warrant authorising any person named in the warrant, at any time or times within one month from the date of the warrant, to enter, with or without his assistants, if need be by force, the place or premises named in the warrant, and to search the place or premises and any person found therein, and, if there is reason to suspect that an offence against this Ordinance has been committed in relation to anything found in the place or premises or in the possession of any such person or that any document so found is such a document as aforesaid, to seize and detain such thing or document and, if he thinks fit, to arrest any person found in the place or premises whom he has reason to suspect is guilty of an offence against this Ordinance.
(2) Where any police officer not below the rank of Sergeant or any excise officer not below the rank of Inspector or any officer of the excise striking force not below the rank of Preventive Officer has reason to believe that anything is, in contravention of this Ordinance or any regulation, kept, possessed, sold, or manufactured in any place or premises, or that any document directly or indirectly relating to or connected with any transaction or dealing which was, or any intended transaction or dealing which, if carried out, would be, an offence against this Ordinance, or in the case of a transaction or dealing carried out or intended to be carried out in any place outside Sri Lanka, would be an offence against the provisions of any corresponding law in force in that place, is in any place or premises, and that a search warrant cannot be obtained under subsection (1) without affording the offender an opportunity of escape or of concealing evidence of the offence, he may after recording the grounds of his belief and at any time within the next twelve hours exercise all or any of the powers which could have been conferred on him by subsection (1).
(3) Any Magistrate, peace officer, excise officer, or officer of the excise striking force may, subject to such restrictions as may be imposed by regulations, arrest without warrant any person reasonably suspected of having committed an offence against this Ordinance, and may search any person upon whom, and any vessel, boat, vehicle, animal, package, receptacle, or covering in or upon which there is reason to suspect that anything is carried or concealed in contravention of this Ordinance or any regulation, and seize and detain any such thing so found.
(4) For the purpose of any search under subsection (3), all such measures may be taken and such devices and such force used as may be necessary to stop any vessel, boat, animal or vehicle, which is not brought to a halt by the person in charge thereof in compliance with any order, direction or signal given in that behalf by any of the officers mentioned in that subsection.
(5) The person in charge of any vessel, boat, animal or vehicle, which is not brought to a halt in compliance with any order, direction or signal given in that behalf by any of the officers mentioned in subsection (3), shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five thousand rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.
[S 77(5) am by s 7 of Act 13 of 1984.]
(6) In this section—
“person in charge” of a vehicle means the driver thereof, and, in the case of a motor cycle, or a bicycle, the rider thereof;
“signal” includes one or more blasts of a whistle; and
“vehicle” includes any carriage, coach, cart, motorcar, motor cycle, omnibus, lorry, bicycle, or other mechanically propelled vehicle.
77A. Analysis.
(1) Notwithstanding anything to the contrary in section 116 of the Code of Criminal Procedure Act, a police officer may submit any drug, substance, article or preparation seized by him or any portion thereof or any sample taken by him in relation to an offence committed under Chapter III or Chapter V of this Ordinance to the Government Analyst for examination.
(2) Where the Government Analyst has made an examination of any drug, substance, article or preparation submitted to him under subsection (1), he shall, within a period not exceeding twelve months from the date of such submission, send a report setting out the result of his examination to the Magistrate or any other competent court which has the jurisdiction to try an offence committed under Chapter III or Chapter V of this Ordinance, with copies to the police officer who submitted such drug, substance, article and preparation or any portion or sample for examination and to the Police Narcotics Bureau.
[S 77A(2) subs by s 3(1) of Act 41 of 2022.]
(3) A report submitted to the Magistrate or any other competent court under subsection (2) shall be prima facie evidence in any inquiry, trial or other proceeding conducted under this Ordinance.
[S 77A(3) subs by s 3(1) of Act 41 of 2022.]
(4) Where any person raises an issue in respect of the opinion of the Government Analyst specified in the report referred to in subsection (3) in any inquiry, trial or other proceeding, the burden of proving the fact that such report is inaccurate shall lie on the person who raises such issue.
[S 77A(4) subs by s 3(1) of Act 41 of 2022.]
(5) —
(a) Where the Magistrate or the judge of any competent court having the jurisdiction to try the offence committed under Chapter III or Chapter V, is of the opinion that such drug, substance, article or preparation would become necessary in evidence during the proceedings before such court in respect of any offence, he shall order the Police Narcotics Bureau or any person authorised by the Magistrate or the Judge of such competent court to photograph such drug, substance, article or preparation, including the packages and seals, and to preserve the necessary evidence including packages and seals and to order the Police Narcotics Bureau or any person authorised by the Magistrate or the Judge of such competent court to destroy the same in the presence of the Registrar of such court, the prosecuting Counsel or the Police Officer who conducts the prosecution or his representative and the defence Counsel or his representative.
(b) The Police Narcotics Bureau or the person authorised by the Magistrate or the judge of the competent court, as the case may be, shall take the photographs in terms of the order made under paragraph (a) and forward such photographs and the necessary evidence including packages and seals forthwith to the relevant court.
(c) The Police Narcotics Bureau or any person authorised by the Magistrate or the judge of such competent court shall under the supervision of the Magistrate or the judge of the competent court, as the case may be, destroy or cause to be destroyed such drug, substance, article or preparation in compliance with the order made by such Magistrate or the judge as the case may be, under paragraph (a) within a period of two months of the date of such order and shall forthwith submit a report relating to such destruction to the relevant court.
[S 77A(5) ins by s 3(2) of Act 41 of 2022.]
(6) The Minister assigned the subject of Justice may, with the concurrence of the Judicial Service Commission prescribe by regulation, the mechanism of disposal of such drug, substance, article or preparation specified in subsection (5).
[S 77A ins by s 8 of Act 13 of 1984; s 77A(6) ins by s 3(2) of Act 41 of 2022 .]
77B. Protection of the identity of an informer.
In any proceedings before any court for an offence under Chapter III or Chapter V of this Ordinance, unless the court makes an order to the contrary, if it is of the opinion that justice demands such an order being made, no witness shall be obliged to disclose the name and identity of the informer who has given information with respect to the commission of such offence or to answer any question if the answer thereto would lead or would tend to lead to the discovery of the identity of the informer.
[S 77B ins by s 8 of Act 13 of 1984.]
78. General penalty.
(1) Every person who—
(a) contravenes or fails to comply with any provisions of this Ordinance or any regulation, or any order or direction lawfully given under this Ordinance or any regulation, or any condition or provision contained in any licence, authorisation, permit, or authority granted under this Ordinance or any regulation; or
(b) in Sri Lanka aids, abets, counsels, or procures the commission in any place outside Sri Lanka of any offence punishable under the provisions of any corresponding law in force in that place, or does any act preparatory to, or in furtherance of, any act which if committed in Sri Lanka would constitute an offence against this Ordinance, shall be guilty of an offence against this Ordinance.
(2) The expression “corresponding law” in this Chapter means any taw stated in a certificate purporting to be issued by or on behalf of the Government of any country outside Sri Lanka to be a law providing for the control and regulation in that country of the manufacture, sale, use, export, and import of drugs in accordance with the provisions of the International Opium Convention signed at the Hague on the 23rd day of January, 1912, or a Convention signed at Geneva on behalf of His Majesty the King of the United Kingdom on the 19th day of February, 1925, and any statement in any such certificate as to the effect of the law mentioned in the certificate, or any statement in any such certificate that any facts constitute an offence against that law, shall be conclusive.
(3) Every person who attempts to commit or abets the commission of an offence against this Ordinance shall himself be guilty of the same offence.
(4) When a company commits an offence against this Ordinance, the Chairman and every Director and every officer concerned in the management of the company shall be guilty of the like offence unless the act constituting the offence took place without his knowledge or consent.
(5) Every person guilty of an offence against this Ordinance, other than a person guilty of an offence under section 54A, shall for each offence, be liable—
(a) on summary conviction by a Magistrate, to a fine not less than one thousand rupees and not exceeding ten thousand rupees or to imprisonment of either description for a period not exceeding five years or to both such fine and imprisonment;
(b) on conviction before the High Court, to a fine not less than ten thousand rupees and not exceeding twenty-five thousand rupees or to imprisonment of either description for a period not less than six months and not exceeding seven years, or to both such fine and imprisonment.
[S 78(5) subs by s 9 of Act 13 of 1984.]
(6) No non-summary proceedings shall be commenced for an offence against this Ordinance without the written consent of the Attorney-General.
(7) No person shall be sentenced to imprisonment without the option of a fine or a fine exceeding five hundred rupees for failing to comply with any provision of this Ordinance relating to the keeping of books or the issuing or dispensing of prescriptions, if the court is satisfied that the offence was committed through inadvertence and was not preparatory to, or committed in the course of, or in connection with, the commission or intended commission of any other offence against this Ordinance.
78A. Payment of certain fines to the police Reward Fund.
There shall be paid to the Police Reward Fund established under section 73 of the Police Ordinance one-third of each and every fine recovered for any offence committed under Chapter in or Chapter V of this Ordinance.
[S 78A ins by s 10 of Act 13 of 1984.]
79. Forfeiture.
(1) Where any person is convicted of an offence against this Ordinance or any regulation made thereunder the court shall order that all or any articles in respect of which the offence was committed and any boat, vessel, vehicle, aircraft or airborne craft or equipment which has been used for the conveyance of such article shall, by reason of such conviction, be forfeited to the State.
(2) Any property forfeited to the Stale under subsection (1) shall—
(a) if no appeal has been preferred to the Court of Appeal against the relevant conviction, vest absolutely in the State with effect from the date on which the period prescribed for preferring an appeal against such conviction expires;
(b) if an appeal has been preferred to the Court of Appeal against the relevant conviction, vest absolutely in the State with effect from the date on which such conviction is affirmed on appeal.
In this subsection “relevant conviction” means the conviction in consequence of which any property is forfeited to the Stale under subsection (1).
[S 79 subs by s 11 of Act 13 of 1984.]
79A. Control of acetylating substance.
(1) Any person who has in his possession an acetylating substance shall be guilty of an offence against this Ordinance unless he proves—
(a) that he is licensed to possess such substance under this Ordinance;
(b) that he is authorised to possess such substance under this Ordinance: or
(c) that the acetylating substance is in his possession for a lawful purpose.
(2) In any prosecution for an offence under this section, any person who is found to have in his custody or under his control any acetylating substance shall be deemed to have been in possession of the substance and to have known the nature of the substance, unless he proves to the contrary.
(3) In this section “acetylating substance” means a substance which can introduce one or more acetyl groups (Ch. 3, Co-) into another substance by a chemical process.
[S 79A ins by s 12 of Act 13 of 1984.]
80. Regulations.
(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Ordinance.
(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for all or any of the following purposes—
(a) for prescribing the terms, conditions, limits or other restrictions in respect of any matter for which regulations are required or authorised by this Ordinance;
(b) for adding any item to or deleting any item from, or altering, varying or amending in any other way, any of the lists or Groups of poisons and dangerous drugs set out in the First and Third Schedules;
(c) for amending, altering, varying, or rescinding any of the regulations contained in the First, Second, Third, Fourth, Fifth, and Sixth Schedules; and
(d) generally for all matters incidental to or connected with the matters or subjects mentioned in this subsection.
(3) No regulation so made shall have effect unless it has been approved by Parliament and notification of such approval has been published in the Gazette.
(4) Every regulation shall, upon the publication of the approval as provided for in subsection (3), be as valid and effectual as if it were herein enacted.
81. Protection of Public Officers.
No action shall lie against the Government or against any Public Officer for damages in any civil court for any act in good faith done or ordered to be done in pursuance of this Ordinance; and all prosecutions of any Public Officer, and all actions which may be lawfully brought against the Government or against any Public Officer, in respect of anything done in pursuance of this Ordinance, shall be instituted within a period of six months reckoned from the date of the act complained of, and not afterwards.
82. Special provisions regarding persons arrested under Chapter V.
(1) The provisions of sections 36, 37 and 38 of the Code of Criminal Procedure Act shall not apply in relation to persons being suspected or accused of contravening any provision of Chapter V of this Ordinance.
(2) A police officer making an arrest without a warrant of any person suspected or accused of committing an offence under Chapter V of this Ordinance, Shall without unnecessary delay and within twenty-four hours of his arrest, produce such person before a Magistrate having jurisdiction in the case.
(3) The magistrate may, Upon a certificate being filed by a police officer not below the rank of a Superintendent of Police or in his absence the officer acting on his behalf to the effect that it is necessary to detain such person in custody for the purpose of in vein gallon, make an order permitting the detention of such person in police custody for a period not exceeding seven days.
(4) Upon the conclusion of the investigation or upon the completion of the period of detention, whichever occurs first, such person snail be produced before the Magistrate and subject to the provisions of section 83 of this Ordinance the provisions of the Code of Criminal Procedure Act shall apply to and in relation to such person.
[S 82 ins by s 13 of Act 13 of 1984.]
83. No bail for an offence under sections 54A and 54B except in exceptional circumstances.
(1) Subject to the provisions of sections 84, 85 and subsection (2) of this section, a person suspected or accused of an offence under sections 54A and 54B of this Ordinance, shall not be released on bail by the High Court except in exceptional circumstances.
(2) Notwithstanding the provisions of sections 84 and 85, a person suspected or accused of an offence under subsection (1) of section 54A and section 54B—
(a) of which the pure quantity of the dangerous drug, trafficked, imported, exported or possessed is ten grammes or above in terms of the report issued by the Government Analyst under section 77A; and
(b) which is punishable with death or life imprisoment,
shall not be released on bail except by the Court of Appeal in exceptional circumstances.
(3) For the purposes of this section “dangerous drug” means Morphine, Cocaine, Heroin and Methamphetamine.
[S 83 ins by s 13 of Act 13 of 1984; subs by s 4 of Act 41 of 2022.]
84. No person to be detained for more than twelve months in custody.
A suspect or an accused who has not been tried and has not been convicted and sentenced by a Court under the provisions of subsection (1) of section 54A and section 54B, shall not be detained in custody for a period exceeding twelve months from the date of his arrest.
[S 84 ins by s 5 of Act 41 of 2022.]
85. Extension of the period of detention.
Notwithstanding the provisions of section 84, on application made in that behalf by the Attorney-General to the High Court established under Article 105 or a High Court established by Article 154P of the Constitution such court may, for good and sufficient reasons that shall be recorded, order that a suspect or an accused who has not been tried and has not been convicted and sentenced by a Court under the provisions of subsection (1) of section 54A and section 54B, be detained in custody for a period in excess of twelve months:
Provided that, the period of detention ordered under this section, shall not in any case exceed three months at a time and twenty-four months in the aggregate.
[S 85 ins by s 5 of Act 41 of 2022.]
86. Voluntary admission to medical treatment for de-addiction and rehabilitation.
(1) A person who is alleged to have committed an offence under section 52, section 54 or paragraphs (b), (c) or (d) of subsection (1) of section 54A (in this section referred to as the “offender”) shall not be liable for prosecution for an offence under the said provision in the following circumstances—
(a) where the quantity of the dangerous drug involved in the commission of the offence is less than one gramme;
(b) where such person seeks to undergo medical treatment for de-addiction and rehabilitation; and
(c) where the Attorney-General has sanctioned the staying of the prosecution.
(2) —
(a) The Officer-in-Charge of the relevant Police Station, who conducts the investigation on the offender shall refer the offender to be examined by a Government Medical Officer to obtain a medical report on the extent of the drug dependency of such person.
(b) If the medical report obtained under paragraph (a) confirms that the offender is a drug dependent person, the Officer-in-Charge of the Police Station shall refer such person to residential or non-residential treatment or rehabilitation in a Treatment and Rehabilitation Centre designated in terms of the Drug Dependent Persons (Treatment and Rehabilitation) Act, No. 54 of 2007.
(3) Notwithstanding the preceding provisions of this section, any offender who fails to complete the treatment referred to in paragraph (b) of subsection (2) shall be liable to be prosecuted under section 52, section 54 or subsection (1) of section 54A, as the case may be.
[S 86 ins by s 5 of Act 41 of 2022.]
87. Probation for young offenders under eighteen years of age.
Any person under the age of eighteen years who commits an offence punishable with death or life imprisonment under section 52, section 54, paragraphs (b), (c) and (d) of subsection (1) of section 54A and 54B shall not be punished with death or life imprisonment and shall only be liable for imprisonment for a term not exceeding ten years with compulsory rehabilitation and five years probation under the Probation of Offenders Ordinance (Chapter 23).
[S 87 ins by s 5 of Act 41 of 2022.]
Schedules
[Sections 2(1), 4(1) and 80]
FIRST SCHEDULE
[Sections 4(1) and 17]
PART I
Arsenic, and its medicinal preparations.
Aconite, aconitine, and their preparation
Schedule, and their salts, and all poisonous derivatives of vegetable alkaloids and glucosides.
Atropine, and its salts, and their preparations.
Belladonna, and all preparations or admixtures (except belladonna plasters) containing 0.1 or more per centum of belladonna alkaloids and glucosides.
Cantharides, and its poisonous derivatives.
Corrosive sublimate.
Cyanide of potassium, and all poisonous cyanides and their preparations.
Ergot of rye, and preparations of ergot and ergamine.
Lead in combination with oleic acid or other higher fatty acids, whether sold as diachylon or under any other designation (except machine spread plasters).
Nuxvomica, and all preparations or admixtures containing 0.2 or more per centum of strychnine.
Picrotoxin
Prussic acid, and all preparations or admixtures containing 0.1 or more per centum of prussic acid.
PART II
[Section 4(1)]
Almonds, essential oil of (unless deprived of prussic acid).
Antimonial wine.
Cantharides tincture and all vesicating liquid preparations or admixtures of.
Carbolic acid, and liquid preparations of carbolic acid, and its homologues containing more than 3 per centum of those subjects except preparations used as disinfectants and for agricultural or horticultural purposes and specified in Part IV of this Schedule.
Chloral hydrate.
Chloroform, and all preparations or admixtures containing more than 20 per centum of chloroform.
Digitalis—
Mercuric iodide.
Mercuric sulphocyanide.
Oxalic acid.
Poppies, all preparations of, excepting red poppy petals and syrup of red poppies (Papaver Rhoeas).
Precipitate, red, and all oxides of mercury.
Precipitate, white.
Strophanthus.
All other poisonous metallic salts.
All preparations or admixtures not included in Part I of this Schedule which contain a poison, except carbolic acid and chloroform and except the poisonous substances specified in Part IV of this Schedule.
PART III
[Section 18]
POISONS WHICH MAY BE SOLD BY RETAIL ONLY UPON A PRESCRIPTION
Amidopyrine; its salts.
Barbituric Acid; its salts; derivatives of barbituric acid; their salts; compounds of barbituric acid, its salts, its derivatives, their salts, with any other substance.
Dinitrocresols; dinitronapthols; dinitrophenols; dinitrothymols.
Para-aminobenzenesulphonamide; its salts; derivatives of para-aminobenzenesulphonamide having one or both of the hydrogen atoms of the para-amino group substituted by other radicals; their salts.
Phenolphthalein and all preparations containing phenolphthalein.
Phenylcinchoninic acid; salicyl-cinchoninic acid; their sails; their esters.
Sulphonal; alkyl sulphonals.
PART IV
[Section 4(1)]
POISONOUS SUBSTANCES
Ammonia: liquid, preparations containing more than 5 per centum by weight of free ammonia.
Carbolic: all liquid preparations sold as carbolic or carbolic acid or carbolic substitutes or carbolic disinfectant, containing not more than 3 per centum of phenols or phenyloids.
Hydrochloric acid.
Nitric acid.
Sulphuric acid.
PART V
[Section 19]
|
Date of Sale |
Name and Address Purchaser |
Name and Quantity of Poison Amid |
Purposes which |
Signature of Purchaser |
Signature of Person introducing Purchaser |
Signature of Seller |
|
|
|
|
|
|
|
|
SECOND SCHEDULE
[Sections 2(1), 44(1), 45, 55 and 80]
Part I
Regulations as to Opium and Dangerous Drugs
1. The Superintendent of the State Medical Stores shall be the Chief Opium Officer who, subject to the direction and control of the Director, shall be responsible for the safe custody, preparation, packing, and issue of all opium and dangerous drugs brought to the Government opium store.
2. All raw or prepared opium brought into Sri Lanka shall be landed by the Government Storekeeper and removed to the Government opium store at Maradana under a police guard.
3. The Chief Opium Officer shall receive all opium and dangerous drugs brought to the Government opium store and satisfy himself that the quantity corresponds with the invoice and shall give a receipt to the Government.
4. The Chief Opium Officer shall keep a ledger in Opium Form No. 15 in Part V of this Schedule, in which particulars of all receipts and issues of opium and dangerous drugs shall be entered, a separate folio being used for opium and for each drug.
5. Raw or prepared opium shall be prepared and packed for issue at the Government opium store by Government servants, who shall work within locked doors under the general supervision of the Chief Opium Officer, and shall be searched by him before leaving the store.
6. No person shall remove any opium from the Government opium store without the written permit of the Chief Opium Officer in Opium Form No. 13 in Part V of this Schedule.
7. —
(1) An advice of all opium or dangerous drugs sent shall be forwarded by post in Opium Form No. 14 in Part V of this Schedule.
(2) All parcels of opium issued by the Chief Opium Officer shall be accompanied by a permit under regulation or (c) by insured parcel (by rail or ship). The parcels shall have the contents and weights inscribed on the outside. A receipt in the form attached to the permit shall be obtained from each person through whose hands the parcel passes, and the consignee shall transmit immediately by post the permit and invoice forms, properly receipted, to the Chief Opium Officer, who shall file them. In the case of parcels sent by registered parcel post, the receipt given for the parcel by the postmaster in charge of the receiving post office is alone necessary.
8. Applications for opium from opium officers shall be made to the Chief Opium Officer on Opium Form No, 1 in Part V of this Schedule.
9. Applications for the supply of dangerous drugs shall be made to the Chief Opium Officer on Opium Form No. 2 in Part V of this Schedule, and must be accompanied by a remittance or a kachcheri receipt that the price has been deposited with the Government Agent or Assistant Government Agent.
PART II
OPIUM OFFICERS
10. —
(1) An opium officer shall obtain his opium from the Chief Opium Officer by monthly requisition on Opium Form No. 1 in Part V of this Schedule.
(2) An opium officer shall keep a register in Opium Form No.3 in Part V of this Schedule, in which he shall insert every day the amount of opium received or issued by him. He shall balance this register at the end of each day, so as to show the amount of opium then remaining in his hands.
(3) He shall keep registers of consumers and vederal as in Opium Forms Nos. 4 and 5 in Part V of this Schedule, or on cards containing a similar form, using a separate page of each register or a separate card for each consumer or vederala. He shall also keep registers according to Opium Forms Nos. 16, 17, 18 and 19 in Part V of this Schedule.
(4) He shall furnish the Director not later than the eighth day of every month with a return, in Opium Form No. 6 in Part V of this Schedule, of the total quantity of opium received and issued by him during the preceding month.
11. An opium officer shall not keep any opium except on premises approved by the Government Agent or by the Director. No opium shall be consumed on the premises.
12. The stocks, sales, and balances of opium in the hands of any opium officer may at any time be verified by any of the following officers—
(a) the Government Agent;
(b) the Director or any officer deputed in writing by him;
(c) an officer of the Department of Health authorised in that behalf by the Director;
(d) the Accountant of the Department of Health;
(e) the Provincial Surgeon;
(f) a Magistrate;
(g) an officer of the Auditor-General’s Department;
(h) an office! of police not below the rank of an Assistant Superintendent.
13. —
(1) The price at which opium shall be sold will be communicated from time to time to opium officers by the Director.
(2) The prices at which opium shall be sold until further notice are—
For eating: 1 1/2 cents for I grain of opium;
For smoking: 2 cents for 1 grain of opium.
(3) For the purposes of this regulation 7,000 grains shall be deemed to be equal to one pound avoirdupois.
14. —
(1) Eating opium shall be sold in multiples of 50 grains whenever possible; but in no case shall a smaller quantity than 20 grains be sold by any opium officer. The last issue on any certificate in any month shall include any quantity less than 20 grains that would otherwise be left as a balance. Eating opium shall be issued in an even number of grains, and when in any month the balance on any certificate, remaining for the final issue, is an odd” charged for at the current rate.
(2) Smoking opium shall be sold in multiples of 50 grains whenever possible, but in no case shall a smaller would otherwise be left as a balance.
(3) No opium shall be sold or delivered except on payment made on the spot at the time of sale or delivery.
15. —
(1) An opium officer shall issue opium in person to registered consumers and vederalas and enter the particulars in Opium Forms Nos. 4 and 5 in Part V of this Schedule, or on cards containing similar forms. He shall not issue the opium unless the consumer’s or vederala’s certificate is produced.
(2) If any registered consumer or vederala is incapacitated by reason of old age, bodily disease, or infirmity, or for other reasons satisfactory to the Government Agent from applying in person at the opium depot for his allowance of opium, he shall, previous to the date of issue of opium, apply to the opium officer for a copy of Opium Form No. 21 in Part V of this Schedule. The form shall be forwarded with his or her certificate to the each occasion on which the consumer or vederala is unable to attend the depot in person.
16. A greater amount than one calendar month’s supply in the case of a registered consumer, or six months’ supply in the case of a registered vederala, according to the amount allowed by the certificate, shall not be supplied at any one time, and no further supply shall be given until the period for which the last supply was given has elapsed.
17. No opium shall be sold or supplied between the hours of 5 p.m. and 9 a.m.
18. Whenever the quantity of opium found in the possession of an opium officer does not agree with the quantity which, according to the books kept under these regulations, ought to be in his possession, such opium officer shall be guilty of an offence unless he satisfies the court that such discrepancy is due to natural causes, or has arisen through some bona fide mistake, or owing to some loss.
19. Every opium officer shall deposit in the nearest kachcheri at least once a month the money received by sales of opium; and under no circumstances shall he keep on the premises more than forty rupees; when forty rupees has been collected it shall be deposited at the kachcheri, even if the period of one month has not expired.
20. The Opium Forms referred to above can be obtained from the Chief Opium Officer.
PART III
REGISTERED CONSUMERS
21. Application for registration as a consumer shall be made on Opium Form No. 7 in Part V of this Schedule.
22. Certificates of registration in Opium Form No. 8 in Part V of this Schedule shall be signed by the Government Agent in triplicate numbered consecutively. The original shall be delivered to the consumer, the duplicate shall be sent to the opium officer from whom the opium is to be drawn, and the triplicate shall be kept in the kachcheri.
23. The register of consumers shall be kept in Opium Form No. 12 in Part V of this Schedule.
24. It shall be the duty of every Grama Seva Niladhari, and of the widow, widower, or next of kin, to report within seven days to the Government Agent the death of any registered consumer of opium, and to return his or.
25. —
(1) A registered consumer who changes his address shall forthwith give written notice of his new address
make sign, and date the following endorsement on his certificate, namely—
“Please transfer my certificate to………depot, in the……….district.”
and deliver the certificate to his opium officer.
(2) The opium officer shall at once enter on the certificate the date of the last issue and the quantity issued of the current month’s supply, and endorse in his register or card and on the face of the certificate and the duplicate certificate “Transferred “with his signature and date, and forward both copies of the certificate to the Government Agent who issued them.
(3) The Government Agent shall similarly endorse the triplicate certificate, and note the transfer in the kachcheri register.
(4) He will then send to the Government Agent of the new district a notice in the following form—
Certificate No………of the………district in favour of………….has been cancelled, and the holder has been directed to apply to you for a new certificate for…………grains a month to be issued at depot. He has drawn grains for the current month’s supply.
(5) In the case of a lost or mutilated certificate the Government Agent or opium officer shall issue a true copy on Opium Form No. 20 in Part V of this Schedule. The true copy must bear the same number as the old certificate.
PART IV
“VEDERALAS”
26. Applications to be registered as vederalas shall be made on Opium Form No. 9 in Part V of this Schedule.
27. Certificates of registration in Opium Form No. 10 in Part V of this Schedule will be signed by the Government Agent in triplicate numbered consecutively The original shall be delivered to the vederala, the duplicate shall be sent to the opium officer by whom the opium is to be supplied, and the triplicate shall be kept in the kachcheri.
28. The register of vederalas shall be kept in Opium Form No. 11 in Part V of this Schedule.
29. Only eating opium will be supplied to vederalas.
30. It shall be the duty of every Grama Seva Niladhari, and of the widow, or next of kin, to report within seven together with any balance of opium in his possession.
31. Regulation 25 shall apply to vederalas in like manner as it applies to registered consumers.
PART V
OPIUM FORMS
[Regulations 8, 10(1)]
Opium Form No.1
MONTHLY REQUISITION FOR OPIUM FOR THE USE OF THE OPIUM OFFICER AT..
|
|
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
|
Opium |
Remaining at the end of the previous month |
Received during the current month |
Total |
Expended |
Remaining at the date of this Requisition |
now required |
Issued from the civil Medical Stores |
Folio of the entry in Ledger |
Remarks on separate sheets |
|
(a) Eating— (b) Smoking— |
lb. oz. |
lb. oz. |
lb. oz. |
lb. oz. |
lb. oz. |
lb. oz. |
lb. oz. |
|
|
No Signature of Applicant, with designation: …………
Date:, 20 …………………
Post Town: ……………………
Supplied from the State Medical Stores: …………….
Approved:
………………………..
Director of Health Services.
……………………..
Chief Opium Officer.
[Regulation 9]
Opium Form No. 2
APPLICATION FOR DANGEROUS DRUGS ON PAYMENT FOR USE BY MEDICAL PRACTITIONERS. DENTISTS,
|
Quantity desired |
Quantity issued by Opium Officer |
Cost |
Folio of Entry in Ledger |
Date and Number of Kachcheri Receipt |
|
|
|
|
|
|
No………..Signature of Applicant, with designation:…….
Date:…….. 20……
Full postal address of applicant………………………….
Supplied from the State Medical Stores: ……………..
Approved:
……………………..
Director of Health Services.
………………
Chief Opium Officer
Date:.……. 20……
[Regulation 10(2)]
Opium Form No. 3
DAILY REGISTER TO BE KEPT BY OPIUM OFFICER
|
Dr. |
|
|
|
|
|
Cr. |
|
Date |
Received |
CM. |
Date |
To whom |
Grains |
Value |
|
|
|
|
|
|
|
Rs. c. |
[Regulations 10(3), 15(1)]
Opium Form No. 4
REGISTER OF CONSUMERS TO BE KEPT BY OPIUM OFFICER
Number of Certificate of Registration: ……………………..
Name of Consumer: ………………………
Residence: ………………………………..
Number of Grama Seva Niladhari’s division: ………………………
|
Quantity of opium allowed per mensum |
Quantity |
Date of issue |
Amount paid |
|
Grains |
Grains |
|
Rs. c |
[Regulations 10(3), 15(1)]
Opium Form No. 5
Number of Certificate of Registration:………….
Name of Vederala: ……….
Residence:………..
Number of Grama Seva Niladhari’s division:………..
Quantity of opium allowed for six months:……………… grains.
|
Date of |
Quantity Issued |
Balance of Opium Undrawn |
Signature of Vederala or Agent 10 each Issue |
|
Grains |
Grains |
|
|
[Regulation 10(4)]
Opium Form No. 6
MONTHLY RETURN TO BE FURNISHED BY OPIUM OFFICER TO THE DIRECTOR OF HEALTH SERVICES
Name of Depot:……… For the month ended..
|
|
RECEIPTS |
|
ISSUES |
|
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|
Eating Grains |
Smoking Grains |
Eating Grains |
Smoking Grains |
|
|
Balance brought forward from last Quantity received from the Government Opium Store during the month |
|
Quantity sold during the month*.. Accounted for by wastage and evaporation: - Seller’s* gross deficiency Deduct surplusDepot +gross deficiency Deduct surplus |
|
|
Total |
|
|
|
|
|
|
Amount realized by sales for eating opium Total (as per list of kachcheri receipts attached) |
Rs. c. |
Wastage in empty tin ++Balance in hand on the last day of the month as found by weighing |
|
|
Total |
|
|
|
|
|
|
|
|
The net deficiencies are equal to ………. per smoking, opium on the quantity sold. |
|
* Information to be obtained from the Seller’s Loss Register
+Information to be obtained from the Register of Depot Losses.
++Information to be obtained from the Tin Loss Register.
Station:…….
Date:………. 20……..
………………,
Opium Officer
[Regulation 21]
Opium Form No. 7
APPLICATION TO BE REGISTERED AS A CONSUMER OF OPIUM
1. Name of applicant in full:………
2. Village in which applicant resides (if residing in a town, the full address, including street and number of house, should be furnished):………….
3. Number of Grama Seva Niladhari’s division:..
4. Divisional Assistant Government Agent’s division
5. Amount of opium which applicant is accustomed to consume per mensum:…………….
6. Place from which he has obtained such opium:……………….
7. Manner and form of use of opium to which applicant is addicted:………..
8. Whether an addict before 31st July. 1910:………..
9. If so, reasons for having failed to apply earlier for registration as a consumer;………
10. If an addict who commenced to reside in Sri Lanka after 31st July, 1910. state dale of arrival in
………………………….
Signature of Applicant.
Date:………. 20………
Opium Form No. 8
[Regulation 22.]
[To be printed in Original, Duplicate, and Triplicate.] No…………
No …………..
CERTIFICATE OF REGISTRATION AS CONSUMER OF OPIUM
(Not transferable)
This is to certify that the person named below is registered as a consumer of opium under Chapter IV of the Poisons, Opium, and Dangerous Drugs Ordinance.
Name:………
Residence:………
Number of Grama Seva Niladhari’s division:………………
Quantity and kind of opium allowed per mensum:……..grains.
Opium officer from whom opium is to be drawn:………
Signature or thumb mark of consumer:………
…………………………………..
Signature of Government Agent \
or Assistant Government Agent.
Date:……… 20. .
Opium Form No. 9
[Regulation 26]
APPLICATION TO BE REGISTERED AS A VEDERALA UNDER CHAPTER IV OF THE POISONS. OPIUM. AND DANGEROUS DRUGS ORDINANCE
1. Name of applicant in full:………
2. Village in which applicant resides:………
3. Number of Grama Seva Niladhari’s division:………
4. Divisional Assistant Government Agent’s division:………
5. Nature of practice, whether general practitioner, or specialist in diseases for which opium is extensively used, or cattle doctor: ………
6. Nature and length of training in native medical practice which applicant has undergone:………
7. Standard books on native medical practice to which applicant has access:………
8. Is applicant able to read and understand these books ?:………
9. Localities in which applicant practises other than the Grama Seva Niladhari’s division in which he
10. Yearly quantity of opium applied for:………
Date:…… 20.
…………………
Signature of Applicant.
[Regulation 27]
Opium Form No. 10
[To be printed in Original, Duplicate, and Triplicate.]
No …………
CERTIFICATE OF REGISTRATION AS VEDERALA
(Not transferable.)
This is to certify that the person named below is registered as a vederala under Chapter IV of the Poisons, Opium, and Dangerous Drugs Ordinance.
Name:………
Residence:………
Number of Grama Seva Niladhari’s division:………………
Quantity and kind of opium allowed for six months:………grains.
(Opium officer from whom opium is to be drawn:….. .
Signature of Vederala:………
………………………….
Signature of Government Agent or
Assistant Government Agent.
[Regulation 28]
Opium Form No. 11
|
Number of Certificate Registration |
Name of Vederala |
Residence |
Number of Grama Seva Niladhari’s Division |
Quantity of Opium allowed per |
Opium Officer from whom Opium is to be and his Place of Business |
|
|
|
|
|
|
|
Opium Form No. 12
[Regulation 23]
|
Number of Certificate of Registration |
Name of |
Residence |
Number Grama Seva Niladhari’s Division |
Quantity of Opium allowed per |
Officer from whom Opium is to be procured, and his Place of Business |
|
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|
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Opium Form No. 13
PERMIT TO TRANSPORT OPIUM
[Regulation 6]
No…………
State Medical Stores, Colombo……… 20…….
To the Post……Railway…….Shipping Officer at……….
Please receive the under-mentioned parcels of opium to be dispatched by registered post, insured parcel by rail, or steamship, and acknowledge their receipt at (a) below:
Name and address of consignee:…………
Number and No. 1 No. 2 No. 3 No. 4 No. 5 No. 6 No. 7
weight of parcels lb. oz. Ib. oz. Ib. oz. 1b. oz. Ib. oz. Ib. oz;. Ib. oz.
Total weight of the………parcels:………
……………..
Chief Opium Officer.
(a) Signature of the railway or shipping official receiving the above parcels for immediate dispatch to their destination:………….
(b) Signature of the railway or shipping official receiving the above parcels at the railway station or port of destination:.
(c) Signature of the transport contractor or carrier who receives the above parcels at the railway station or port of destination, to convey them, and this permit to the consignee:…………
(d) Signature of consignee to the receipt of the above parcels:……….
Note. - It is the duty of the persons named in paragraphs (a), (b). and (r) above to forward this permit with the parcels in the order indicated; and on receipt of the parcels it is the duty of the consignee to return this permit at once to the Chief Opium Officer, Colombo.
[Regulation 7]
Opium Form No. 14
INVOICE OF OPIUM OR DANGEROUS DRUGS
No………..
From the Chief Opium Officer.
Despatched this day per……..to your address the following—
Colombo……… 20 ………….
|
Ib. |
oz. |
…………………
Chief Opium Officer.
Received the above this…………day of………. 20……..
…………………..
Signature and Designation of Consignee.
Opium Form No. 15
OPIUM LEDGER
[Regulation 4]
|
Date of Receipt |
No. of requisition |
From whom received |
Quantity |
Date of Issue |
No. of requisition |
To whom received |
Quantity |
||||
|
Ib |
oz. |
grs. |
Ib |
oz. |
grs. |
||||||
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[Regulation 10(3)]
Opium Form No. 16
SELLER’S LOSS REGISTER
|
Date |
Quantity issued |
Sellers initials |
Quantity returned |
opium officers Initials |
Quantity sold by seller |
Quantity sold by per daily Registrar |
Shortage |
Percentage |
|
Grains |
|
Grains |
|
Grains |
Grains |
|
|
|
Opium Form No. 17
REGISTER OF DEPOT LOSSES
[Regulation 10(3)]
|
Date of Stock-Taking |
Balance according to Daily Register (OpiumNo. 3) |
Balance actually found on Stock-Taking |
Shortage to be entered as an Issue in the Daily Form No. 3) |
Total Issues, including Seller’sprevious Stock-Taking |
Percentage of |
Initials of the Medical Officer or Opium Officer |
|
|
Grains |
Grains |
Grains |
Grains |
|
|
Opium Form No. 18
SUMMARY OF SALES AND DEPOSITS
[Regulation 10(3)]
|
Date |
Baling Opium |
Smoking Opium |
Total |
Deposited |
Money Order No. and Date |
Kachcheri Receipt No. and Date |
|
|
Rs. c. |
Rs. c. |
Rs. c. |
Rs. c. |
|
|
|
|
|
|
|
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|
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Opium Form No. 19
TIN LOSS REGISTER
[Regulation 10(3)]
|
Date Tin of Opium received |
Not as per |
|
|
Daily Issues from the Tin |
Difference between Invoiced Quantity and |
Weight of the Tin when emptied |
Difference between Tare and Weight of Empty Tin |
Date Tin returned |
|
Data |
Quantity |
Total |
||||||
|
Grains |
Grains |
|
|
Grains |
Grains |
Grains |
|
|
[Regulation 25(5)]
Opium Form No. 20
TRUE COPY OF A CERTIFICATE OF REGISTRATION AS A CONSUMER OF OPIUM OR VEDERALA
(Not transferable.)
Original No………….
This is to certify that the person named below is registered as a consumer of opium or vederala under Chapter IV of the Poisons, Opium, and Dangerous Drugs Ordinance.
Name: ………..
Residence: ………….
Number of Grama Seva Niladhari’s division: …………..
Quantity and kind of opium allowed per mensum: …………grains.
Opium officer from whom opium is to be drawn:…………..
Signature or thumb mark of the consumer or vederala:………….
(Signed)……………..
Government Agent or
Assistant Government Agent.
Date:……… 20……
True Copy.
……………………………..
Signature of Opium officer.
Date:……… 20…….
Opium Form No. 21
AGENT’S LETTER OF AUTHORITY
[Regulation 15(2)]
No ………………..
Issued this day……………….
Opium Officer ……………..
Date:…….., 20…….
1. Name of consumer or vederala:……………
2. Number of certificate:…………….
3. Cause of inability to attend depot in person:………..
4. Name of agent deputed to receive opium:………….
5. Amount of opium required:………..
6. Amount of cash forwarded through agent:………
7. Signature of applicant:………..
8. Certificate or recommendation of Grama Seva Niladhari:……...
I hereby certify that………….holding licence No…………is unable to attend the Opium Depot at……. by reason of…….(here state nature of illness or other cause), and 1 recommend that the agent appointed by him, namely,………., be permitted to draw the issue.
(Signed)………………….
Grama Seva Niladhari of……….
THIRD SCHEDULE
PART 1
Group A
DRUGS. SUBSTANCES, ARTICLES. OR PREPARATIONS, THE IMPORTATION OF WHICH IS TOTALLY PROHIBITED
[Section 2]
[Sections 48, 49 and 80]
1. Any product obtained from any of the phenanthrene alkaloids of opium or from the ecgonine alkaloids of the coca leaf, not being a product which was in use on or before the 13th day of July, 1931, for medicinal or
Group B
[sectionS 48, 51 and 68]
[Third Schedule Part I Group B subs by s 6(1) of Act 41 of 2022.]
Drugs, substances, articles or preparations to which the provisions as to importation, exportation and wholesale and retail trade apply.
SECTION 1
|
1 |
Acetorphine |
3-O-acetyltetrahydro-7α-(1-hydroxy-1-methylbutyl)-6,14-endo-ethenooripavine (derivative of thebaine) |
|
2 |
Acetyl-alpha-methylfentanyl |
N-[1-(α-methylphenethyl)-4-piperidyl]acetanilide |
|
3 |
Acetylfentanyl |
N-Phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]acetamide |
|
4 |
Acetylmethadol |
3-acetoxy-6-dimethylamino-4,4-diphenylheptane |
|
5 |
Acryloylfentanyl (acrylfentanyl) |
N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl] prop-2-enamide |
|
6 |
Alfentanil |
N-[1-[2-(4-ethyl-4,5-dihydro-5-oxo-1H-tetrazol-1-yl)ethyl]-4-(methoxymethyl)-4-piperidinyl]-N-phenylpropanamide |
|
7 |
AH-7921 |
3,4-Dichloro-N-{[1-(dimethylamino)cyclohexyl] methyl}benzamide |
|
8 |
Allylprodine |
3-allyl-1-methyl-4-phenyl-4-propionoxypiperidine |
|
9 |
Alphacetyl methadol |
α-3-acetoxy-6-dimethylamino-4,4-diphenylheptane |
|
10 |
Alphameprodine |
α-3-ethyl-1-methyl-4-phenyl-4-propionoxypiperidine |
|
11 |
Alphamethadol |
α-6-dimethylamino-4,4 diphenyl-3-heptanol |
|
12 |
Alpha-Methylfentanyl |
N-[1-(α-methylphenethyl)-4-piperidyl]propionanilide |
|
13 |
Alpha-Methylthiofentanyl |
N-[1-[1-methyl-2-(2 thienyl)ethyl]-4-piperidyl]propionanilide |
|
14 |
Alphaprodine |
α-1,3-dimethyl-4-phenyl-4-propionoxypiperidine |
|
15 |
Anileridine |
1-p-aminophenethyl-4-phenylpiperidine-4-carboxylic acid ethyl ester |
|
16 |
Benzethidine |
1-(2-benzyloxyethyl)-4-phenylpiperidine-4-carboxylic acid ethyl ester |
|
17 |
Benzylmorphine |
3-benzylmorphine |
|
18 |
Betacetylmethadol |
â-3-acetoxy-6-dimethylamino-4,4-diphenylheptane |
|
19 |
beta-Hydroxyfentanyl |
N-[1-(â-hydroxyphenethyl)-4-piperidyl]propionanilide |
|
20 |
beta-Hydroxy-3-methylfentanyl |
N-[1-(â-hydroxyphenethyl)-3-methyl-4-piperidyl]propionanilide |
|
21 |
Betameprodine |
â-3-ethyl-1-methyl-4-phenyl-4-propionoxypiperidine |
|
22 |
Betamethadol |
â-6-dimethylamino-4,4-diphenyl-3-heptanol |
|
23 |
Betaprodine |
â-1,3-dimethyl-4-phenyl-4-propionoxypiperidine |
|
24 |
Bezitramide |
1-(3-cyano-3,3-diphenylpropyl)-4-(2-oxo-3-propionyl-1-benzimidazolinyl) piperidine |
|
25 |
Butyrfentanyl |
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] butanamide |
|
26 |
Cannabis |
the flowering or fruiting tops of the cannabis plant (resin not extracted) |
|
27 |
Cannabis resin, extracts and tinctures |
the separated resin, crude or purified, obtained from the cannabis plant |
|
28 |
Carfentanil |
Methyl 1-(2-phenylethyl)-4-[phenyl(propanoyl)amino] piperidine-4-carboxylate |
|
29 |
Clonitazene |
2-(p-chlorobenzyl)-1-diethylaminoethyl-5-nitrobenzimidazole |
|
30 |
Coca leaf |
the leaf of the coca bush (plant material), except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed |
|
31 |
Cocaine |
methyl ester of benzoylecgonine (an alkaloid found in coca leaves or prepared by synthesis from ecgonine) |
|
32 |
Codoxime |
dihydrocodeinone-6-carboxymethyloxime (derivate of morphine) |
|
33 |
Concentrate of poppy straw |
The material arising when parts of any plant of the species Papaversomniferum have entered a process for the concentration of the alkaloids |
|
34 |
Cyclopropylfentanyl |
N-Phenyl-N-[1-(2-phenylethyl)piperidin-4-yl] cyclopropanecarboxamide |
|
35 |
Desomorphine |
Dihydrodesoxymorphine (derivative of morphine) |
|
36 |
Dextromoramide |
(+)-4-[2-methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl) butyl] morpholine (dextro-rotatory isomer of moramide) |
|
37 |
Diampromide |
N-[2-(methylphenethylamino)-propyl] propionanilide |
|
38 |
Diethylthiambutene |
3-diethylamino-1,1-di-(2’-thienyl)-1-butene |
|
39 |
Difenoxin |
1-(3-cyano-3,3-diphenylpropyl)-4-phenylisonipecotic acid |
|
40 |
Dihydroetorphine |
7,8-dihydro-7α-[1-(R)-hydroxy-1-methylbutyl]-6,14-endo-ethanotetrahydrooripavine (derivative of etorphine) |
|
41 |
Dihydromorphine |
(derivative of morphine) |
|
42 |
Dimenoxadol |
2-dimethylaminoethyl-1-ethoxy-1,1-diphenylacetate |
|
43 |
Dimepheptanol |
6-dimethylamino-4,4-diphenyl-3-heptanol |
|
44 |
Dimethylthiambutene |
3-dimethylamino-1,1-di-(2’-thienyl)-1-butene |
|
45 |
Dioxaphetyl butyrate |
ethyl-4-morpholino-2,2-diphenylbutyrate |
|
46 |
Diphenoxylate |
1-(3-cyano-3,3-diphenylpropyl)-4-phenylpiperidine-4-carboxylic acid ethyl ester |
|
47 |
Dipipanone |
4,4-diphenyl-6-piperidine-3-heptanone |
|
48 |
Drotebanol |
3,4-dimethoxy-17-methylmorphinan-6â,14-diol |
|
49 |
Ecgonine |
its esters and derivatives which are convertible to ecgonine and cocaine |
|
50 |
Ethylmethylthiambutene |
3-ethylmethylamino-1,1-di-(2’-thienyl)-1-butene |
|
51 |
Etonitazene |
1-diethylaminoethyl-2-p-ethoxybenzyl-5-nitrobenzimidazole |
|
52 |
Etorphine |
tetrahydro-7α-(1-hydroxy-1-methylbutyl)-6,14-endo-ethenooripavine (derivative of thebaine) |
|
53 |
Etoxeridine |
1-[2-(2-hydroxyethoxy)-ethyl]-4-phenylpiperidine-4-carboxylic acid ethyl ester |
|
54 |
Fentanyl |
1-phenethyl-4-N-propionylanilinopiperidine |
|
55 |
4-Fluoroisobutyrfentanyl (4-FIBF, pFIBF) |
N-(4-fluorophenyl)-N-(1-phenetylpiperidin-4-yl) isobutyramide |
|
56 |
Furanylfentanyl |
N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide |
|
57 |
Furethidine |
1-(2-tetrahydrofurfuryloxyethyl)-4-phenylpiperidine-4-carboxylic acid ethyl ester |
|
58 |
Heroin |
Diacetylmorphine |
|
59 |
Hydrocodone |
Dihydrocodeinone |
|
60 |
Hydromorphinol |
14-hydroxydihydromorphine (derivative of morphine) |
|
61 |
Hydromorphone |
dihydromorphinone (derivative of morphine) |
|
62 |
Hydroxypethidine |
4-m-hydroxyphenyl-1-methylpiperidine-4-carboxylic acid ethyl ester |
|
63 |
Isomethadone |
6-dimethylamino-5-methyl-4,4-diphenyl-3-hexanone |
|
64 |
Ketobemidone |
4-m-hydroxyphenyl-1-methyl-4-propionylpiperidine |
|
65 |
Levomethorphan |
(-)-3-methoxy-N-methylmorphinan |
|
66 |
Levomoramide |
(-)-4-[2-methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl)butyl]morpholine |
|
67 |
Levophenacylmorphan |
(-)-3-hydroxy-N-phenacylmorphinan |
|
68 |
Levorphanol |
(-)-3-hydroxy-N-methylmorphinan |
|
69 |
Metazocine |
2-hydroxy-2,5,9-trimethyl-6,7-benzomorphan |
|
70 |
Methadone |
6-dimethylamino-4,4-diphenyl-3-heptanone |
|
71 |
Methadone intermediate |
4-cyano-2-dimethylamino-4,4-diphenylbutane |
|
72 |
Methoxyacetyl fentanyl |
2-Methoxy-N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl] acetamide |
|
73 |
Methyldesorphine |
6-methyl-∆6-deoxymorphine (derivative of morphine) |
|
74 |
Methyldihydromorphine |
6-methyldihydromorphine (derivative of morphine) |
|
75 |
3-Methylfentanyl |
N-(3-methyl-1-phenethyl-4-piperidyl)propionanilide |
|
76 |
3-Methylthio fentanyl |
N-[3-methyl-1-[2-(2-thienyl) ethyl]-4-piperidyl]propionanilide |
|
77 |
Metopon |
5-methyldihydromorphinone (derivative of morphine) |
|
78 |
Moramide intermediate |
2-methyl-3-morpholino-1,1-diphenylpropane carboxylic acid |
|
79 |
Morpheridine |
1-(2-morpholinoethyl)-4-phenylpiperidine-4-carboxylic acid ethyl ester |
|
80 |
Morphine |
the principal alkaloid of opium and of opium poppy |
|
81 |
Morphine methobromide |
any other pentavalent nitrogen morphine derivatives including in particular the morphine-N-oxide derivatives, one of which is codeine-N-oxide |
|
82 |
Morphine-N-oxide |
A derivate of morphine |
|
83 |
MPPP |
1-methyl-4-phenyl-4-piperidinol propionate (ester) |
|
84 |
MT-45 |
1-cyclohexyl-4-(1,2-diphenylethyl) piperazine |
|
85 |
Myrophine |
Myristylbenzylmorphine (derivate of morphine) |
|
86 |
Nicomorphine |
3,6-dinicotinylmorphine (derivate of morphine) |
|
87 |
Noracymethadol |
(±)-α-3-acetoxy-6-methylamino-4,4-diphenylheptane |
|
88 |
Norlevorphanol |
(-)-3-hydroxymorphinan |
|
89 |
Normethadone |
6-dimethylamino-4,4-diphenyl-3-hexanone |
|
90 |
Normorphine |
demethylmorphine (derivate of morphine) |
|
91 |
Norpipanone |
4,4-diphenyl-6-piperidino-3-hexanone |
|
92 |
Ocfentanil |
N-(2-fluorophenyl)-2-methoxy-N-[1-(2-phenylethyl)piperidin-4-yl] acetamide |
|
93 |
Opium |
The coagulated juice of the opium poppy plant species Papaversomniferum L. |
|
94 |
Oripavine |
3-O-demethylthebaine |
|
95 |
Orthofluorofentanyl |
N-(2-Fluorophenyl)-N-[1-(2-phenylethyl)piperidin-4-yl] propanamide |
|
96 |
Oxycodone |
14-hydroxydihydrocodeinone (derivate of morphine) |
|
97 |
Oxymorphone |
14-hydroxydihydromorphinone (derivate of morphine) |
|
98 |
Parafluorobutyryl fentanyl |
N-(4-Fluorophenyl)-N-[1-(2-phenylethyl)piperidin-4-yl] butanamide |
|
99 |
para-Fluorofentanyl |
4’-fluoro-N-(1-phenethyl-4-piperidyl)propionanilide |
|
100 |
PEPAP |
1-phenethyl-4-phenyl-4-piperidinol acetate (ester) |
|
101 |
Pethidine |
1-methyl-4-phenylpiperidine-4-carboxylic acid ethyl ester |
|
102 |
Pethidine intermediate A |
4-cyano-1-methyl-4-phenylpiperidine |
|
103 |
Pethidine intermediate B |
4-phenylpiperidine-4-carboxylic acid ethyl ester |
|
104 |
Pethidine intermediate C |
1-methyl-4-phenylpiperidine-4-carboxylic acid |
|
105 |
Phenadoxone |
6-morpholino-4,4-diphenyl-3-heptanone |
|
106 |
Phenampromide |
N-(1-methyl-2-piperidinoethyl)propionanilide |
|
107 |
Phenazocine |
2’-hydroxy-5,9-dimethyl-2-phenethyl-6,7-benzomorphan |
|
108 |
Phenomorphan |
3-hydroxy-N-phenethylmorphinan |
|
109 |
Phenoperidine |
1-(3-hydroxy-3-phenylpropyl)-4-phenylpiperidine-4-carboxylic acid ethyl ester |
|
110 |
Piminodine |
4-phenyl-1-(3-phenylaminopropyl)piperidine-4-carboxylic acid ethyl ester |
|
111 |
Piritramide |
1-(3-cyano-3,3-diphenylpropyl)-4-(1-piperidino)piperidine-4-carboxylic acid amide |
|
112 |
Proheptazine |
1,3-dimethyl-4-phenyl-4-propionoxyazacycloheptane |
|
113 |
Properidine |
1-methyl-4-phenylpiperidine-4-carboxylic acid isopropyl ester |
|
114 |
Racemethorphan4 |
(±)-3-methoxy-N-methylmorphinan |
|
115 |
Racemoramide |
(±)-4-[2-methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl)butyl]morpholine |
|
116 |
Racemorphan4 |
(±)-3-hydroxy-N-methylmorphinan |
|
117 |
Remifentanil |
1-(2-methoxycarbonylethyl)-4-(phenylpropionylamino)-piperidine-4-carboxylic acid methyl ester |
|
118 |
Sufentanil |
N-[4-(methoxymethyl)-1-[2-(2-thienyl)ethyl]-4-piperidyl]propionanilide |
|
119 |
Tetrahydrofuranyl fentanyl (THF-F) |
N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]tetrahydrofuran-2- carboxamide |
|
120 |
Thebacon |
Acetyldihydrocodeinone (acetylated enol form of hydrocodone) |
|
121 |
Thebaine |
3,6-dimethoxy-17-methyl-6,7,8,14-tetradehydro-4,5alpha-epoxymorphinan |
|
122 |
Thiofentanyl |
N-[1-[2-(2-thienyl)ethyl]-4-piperidyl]propionanilide |
|
123 |
Tilidine |
(±)-ethyl-trans-2-(dimethylamino)-1-phenyl-3-cyclohexene-1-carboxylate |
|
124 |
Trimeperidine |
1,2,5-trimethyl-4-phenyl-4-propionoxypiperidine |
|
125 |
U-47700 |
3,4-dichloro-N-(2-dimethylamino-cyclohexyl)-N-methyl-benzamide |
|
126 |
Tramadol |
2-[(Dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol |
|
127 |
Pregabalin |
(3S)-3-(aminomethyl)-5-methylhexanoic acid |
|
128 |
Gabapentine |
2-[1-(Aminomethyl)cyclohexyl]acetic acid |
1. The isomers, unless specifically excepted, of the dangerous drugs in this Section whenever the existence of such isomers is possible within the specific chemical designation.
2. The esters and ethers, unless appearing in another part, of the dangerous drugs in this Section whenever the existence of such esters or ethers is possible.
3. The salts of the dangerous drugs mentioned in this Section, including the salts of the isomers, whenever the formation of such salts is possible.
4. Any substance, that are substantially similar to the parent substances listed in this Section, which typically exhibiting high abuse potential.
5. Any chemical analogue with modification in any of the atom of the parent substance listed in this Section by any atom or specific group of atoms (functional group), which typically exhibiting high abuse potential.
6. Substances, preparations or mixtures containing any proportion of a dangerous drug in this Section and isomers, esters and salts as specified in the paragraph 1, 2, 3, 4 and 5 above.
7. Any solution or dilution of morphine or cocaine or their salts in an inert substance whether liquid or solid containing any proportion of morphine or cocaine and any preparation, admixture, extracts, or other substances (not being such a solution or dilution as aforesaid) containing not less than 0.2 per centum of morphine or 0.1 per centum of cocaine or ecgonine.
SECTION 2
|
1 |
Cannabinol and cannabinol derivatives (CBN) |
6,6,9-Trimethyl-3-pentyl-benzo[c]chromen-1-ol |
|
2 |
Cathinone |
(–)-(S)-2-aminopropiophenone |
|
3 |
DET |
3-[2-(diethylamino)ethyl]indole |
|
4 |
DMHP |
3-(1,2-dimethylheptyl)-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran-1-ol |
|
5 |
DMT |
3-[2-(dimethylamino)ethyl]indole |
|
6 |
DMA (2,5-Dimethoxy amphetamine) |
(±)-2,5-dimethoxy-α-methylphenethylamine |
|
7 |
DOET |
(±)-4-ethyl-2,5-dimethoxy-α-methylphenethylamine |
|
8 |
DOB (Brolamfetamine) |
(±)-4-bromo-2,5-dimethoxy-α-methylphenethylamine |
|
9 |
DOC |
4-Chloro-2,5-dimethoxyamfetamine |
|
10 |
Etryptamine |
3-(2-aminobutyl)indole |
|
11 |
(+)-Lysergide and other substances structurally derived from lysergamide |
N,N-Diethyl-D-lysergamide and other substances structurally derived from lysergamide by substitution of any of the atoms |
|
12 |
Mescaline |
3,4,5-trimethoxyphenethylamine |
|
13 |
MDMA(3,4-Methyl enedioxymeth amphetamine) |
(±)-N,α-dimethyl-3,4-(methylenedioxy) phenethylamine |
|
14 |
5-Methoxy-MDA (MMDA) |
5-methoxy-α-methyl-3,4-(methylenedioxy) phenethylamine |
|
15 |
Tenamfetamine (MDA) |
α-methyl-3,4-(methylenedioxy) phenethylamine |
|
16 |
4-Methylaminorex |
(±)-cis-2-amino-4-methyl-5-phenyl-2-oxazoline |
|
17 |
Methcathinone |
2-(methylamino)-1-phenylpropan-1-one |
|
18 |
4-Methylthio amphetamine (4-MTA) |
α-methyl-4-methylthiophenethylamine |
|
19 |
N-Ethyl MDA (MDEA) |
(±)-N-ethyl-α-methyl-3,4-(methylenedioxy) phenethylamine |
|
20 |
N-Hydroxy MDA |
(±)-N[α-methyl-3,4-(methylenedioxy) phenethyl]hydroxylamine |
|
21 |
25B-NBOMe |
2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine |
|
22 |
25C-NBOMe |
2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine |
|
23 |
25I-NBOMe |
2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl) ethanamine |
|
24 |
Parahexyl |
3-hexyl-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran-1-ol |
|
25 |
Eticyclidine (PCE) |
N-ethyl-1-phenylcyclohexylamine |
|
26 |
Rolicyclidine (PCPy) |
1-(1-phenylcyclohexyl) pyrrolidine |
|
27 |
Psilocine (psilotsin, 4-HO-DMT) |
3-[2-(dimethylamino) ethyl]indol-4-ol |
|
28 |
Psilocybine |
3-[2-(dimethylamino)ethyl]indol-4-yl dihydrogen phosphate |
|
29 |
p-Methoxyam phetamine (PMA) |
1-(4-methoxyphenyl) propan-2-amine |
|
30 |
p-Methoxymetham phetamine (PMMA) |
1-(4-methoxyphenyl)-2-methylaminopropane |
|
31 |
2,5-Dimethoxy-4-methylamphetamine (STP, DOM) |
2,5-dimethoxy-α,4-dimethylphenethylamine |
|
32 |
Tenocyclidine (TCP) |
1-[1-(2-thienyl)cyclohexyl] piperidine |
|
33 |
Tetrahydro-cannabinol (THC) |
tetrahydrocannabinol, the following isomers and their stereochemical variants— |
|
|
(i) delta-6a(10a)-THC |
7,8,9,10-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol |
|
|
(ii) delta-6a(7)-THC |
(9R,10aR)-8,9,10,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol |
|
|
(iii) delta-7-THC |
(6aR,9R,10aR)-6a,9,10,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol |
|
|
(iv) delta-8-THC |
(6aR,10aR)-6a,7,10,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol |
|
|
(v) delta-10-THC |
6a,7,8,9-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol |
|
|
(vi) delta-9(11)-THC |
(6aR,10aR)-6a,7,8,9,10,10a-hexahydro-6,6-dimethyl-9-methylene-3-pentyl-6H-dibenzo[b,d]pyran-1-ol |
|
34 |
Trimethoxyam phetamine (TMA) |
(±)-3,4,5-trimethoxy-α-methylphenethylamine |
|
35 |
Amphetamine |
(±)-α-methylphenethylamine |
|
36 |
Amineptine |
7-[(10,11-dihydro-5H-dibenzo[a,d]cyclohepten-5-yl)amino]heptanoic acid |
|
37 |
AM-2201, JWH-2201 |
[1-(5-Fluoropentyl)-1H-indol-3-yl](naphthalen-1-yl)methanone |
|
38 |
5F-APINACA, 5F-AKB-48 |
N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide |
|
39 |
5F-AMB, 5F-AMB-PINACA |
Methyl 2-({[1-(5-fluoropentyl)-1H-indazol-3yl]carbonyl}amino)-3-methylbutanoate |
|
40 |
2C-B |
4-bromo-2,5-dimethoxyphenethylamine |
|
41 |
AB-CHMINACA |
N-[(2S)-1-amino-3-methyl-oxobutan-2-yl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide |
|
42 |
CUMYL-4CN-BINACA |
1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide |
|
43 |
ADB-CHMINACA, MAB-CHMINACA |
N-[(2S)-1- amino-3,3-dimethyl-1-oxobutan-2-yl]-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide |
|
44 |
4-Chlorome thcathinone, Clephedrone (4-CMC) |
1-(4-chlorophenyl)-2-(methylamino)-1-propanone |
|
45 |
Dexamphetamine |
(+)-α-methylphenethylamine |
|
46 |
Dronabinol (delta-9-tetrahydro-cannabinol and its stereochemical variants) |
(6aR,10aR)-6a,7,8,10a-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol |
|
47 |
Ethylone |
(RS)-1-(1,3-Benzodioxol-5-yl)-2-(ethylamino)propan-1-one |
|
48 |
Ethylphenidate |
ethyl-2-phenyl-2-piperidin-2-ylacetate [1] |
|
49 |
Fenetylline |
7-[2-[(α-methylphenethyl)amino]ethyl]theophylline |
|
50 |
4-Fluoroam phetamine, 4-FA |
1-(4-Fluorophenyl)propan-2-amine |
|
51 |
FUB-AMB, MMB-FUBINACA, AMB-FUBINACA |
Methyl(2S)-2-({1-[4-fluorophenyl]methyl-1H-indazole-3 -carbonyl}amino)-3-methylbutanoate |
|
52 |
ADB-FUBINACA |
N-[(2S)-1-amino-3,3-dimethyl-1-oxobutan-2-yl]-1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamide |
|
53 |
AB-FUBINACA |
N-[(2S)-1-amino-3-methyl-1-oxobutan-2-yl]-1-[(4-fluorophenyl)methyl]indazole-3-carboxamide |
|
54 |
γ-Hydroxybutyric acid (GHB ACID) |
γ-Hydroxybutyric acid |
|
55 |
JWH-018, AM-678 |
Naphthalene-1-yl(1-pentyl-1H-indol-3-yl)methanone |
|
56 |
Ketamine |
2-(Methylamino)-2-(2-chlorophenyl)cyclohexanone |
|
57 |
Levamphetamine |
(–)-(R)-α-methylphenethylamine (amphetamine(-) isomer) |
|
58 |
Levometham phetamine |
(–)-N,α-dimethylphenethylamine |
|
59 |
Mecloqualone |
3-(o-chlorophenyl)-2-methyl-4(3H)-quinazolinone |
|
60 |
Methamphetamine (Methylamphetamine) |
(+)-(S)-N,α-dimethylphenethylamine |
|
61 |
Methaqualone |
2-methyl-3-o-tolyl-4(3H)-quinazolinone |
|
62 |
Methylphenidate |
methyl α-phenyl-2-piperidine acetate |
|
63 |
Methamphetamine racemate |
(±)-N,α-dimethylphenethylamine |
|
64 |
3,4-Methylenedioxy pyrovalerone (MDPV) |
(RS)-1-(Benzo[d][1,3]dioxol-5-yl)-2-(pyrrolidin-1-yl)pentan-1-one |
|
65 |
Mephedrone, 4-methylmethcathinone |
(RS)-2-methylamino-1-(4-methylphenyl) propan-1-one |
|
66 |
Methylone, (beta-keto-MDMA) |
(RS)-2-methylamino-1-(3,4-methylenedioxyphenyl) propan-1-one |
|
67 |
Methoxetamine (MXE) |
(RS)-2-(3-methoxyphenyl)-2-(ethylamino)-cyclohexanone |
|
68 |
MDMB-CHMICA |
methyl 2-[[1-(cyclohexylmethyl)indole-3-carbonyl]amino]-3,3-dimethylbutanoate |
|
69 |
Methiopropamine (MPA) |
1-(thiophen-2-yl)-2-methylaminopropane |
|
70 |
4-methylethcathinone (4-MEC) |
2-(Ethylamino)-1-(4-methylphenyl) propan-1-one |
|
71 |
5F-MDMB-PICA |
Methyl(S)-2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate |
|
72 |
4F-MDMB-BINACA |
Methyl(S)-2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate |
|
73 |
N-Benzylpiperazine (BZP) |
1-benzylpiperazine |
|
74 |
N-Ethylnorpentylone |
1-(2H-1,3-benzodioxol-5-yl)-2-(ethylamino)pentan-1-one |
|
75 |
N-Ethylhexedrone |
2-(Ethylamino)-1-phenyl-1-hexanone |
|
76 |
Phencyclidine (PCP) |
1-(1-phenylcyclohexyl) piperidine |
|
77 |
Phenmetrazine |
3-methyl-2-phenylmorpholine |
|
78 |
5F-ADB, 5F-MDMB-PINACA |
Methyl(2S)-2-{[1-(fluoropentyl)-1H-indazole-3-carbonyl] amino}-3,3-dimethylbutanoate |
|
79 |
AB-PINACA |
N-[(2S)-1-Amino-3-methyl-1-oxobutan-2-yl]-1-pentyl-1H-indazole-3-carboxamide |
|
80 |
alpha-PVP |
α-pyrrolidinovalerophenone |
|
81 |
4,4’-dimethylaminorex (4,4’-DMAR) |
para-methyl-4-methylaminorex |
|
82 |
Pentedrone |
(±)-2-(methylamino)-1-phenylpentan-1-one |
|
83 |
5F-PB-22 |
Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate |
|
84 |
alpha-PHP |
(RS)-1-Phenyl-2-(pyrrolidine-1-yl)hexan-1-one |
|
85 |
Secobarbital |
5-allyl-5-(1-methylbutyl)barbituric acid |
|
86 |
UR-144 |
(1-Pentyl-1H-indol-3-yl) (2,2,3,3-tetramethylcyclopropoyl)methanone |
|
87 |
XLR-11 |
[1-(5-Fluoropentyl)-1H-indol-3-yl] (2,2,3,3-tetramethylcyclopropyl) methanone |
|
88 |
Zipeprol |
α-(α-methoxybenzyl)-4-(α-methoxyphenethyl)-1-piperazineethanol |
|
89 |
Amobarbital |
5-ethyl-5-isopentylbarbituric acid |
|
90 |
Butalbital |
5-allyl-5-isobutylbarbituric acid |
|
91 |
Buprenorphine |
2l-cyclopropyl-7-α-[(S)-1-hydroxy-1,2,2-trimethylpropyl]-6,14-endo-ethano-6,7,8,14-tetrahydrooripavine |
|
92 |
Cyclobarbital |
5-(1-cyclohexen-1-yl)-5-ethylbarbituric acid |
|
93 |
(+)-Norpseudoe phedrine (including Cathine) |
2-amino-1-hydroxy-1-phenylpropane |
|
94 |
Flunitrazepam |
5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4-benzodiazepin-2-one |
|
95 |
Glutethimide |
2-ethyl-2-phenylglutarimide |
|
96 |
Pentobarbital |
5-ethyl-5-(1-methylbutyl)barbituric acid |
|
97 |
Pentazocine |
(2R*,6R*,11R*)-1,2,3,4,5,6-hexahydro-6,11-dimethyl-3-(3-methyl-2-butenyl)-2,6-methano-3-benzazocin-8-ol |
|
98 |
Diethylpropion |
2-(diethylamino)propiophenone |
|
99 |
Alprazolam |
8-chloro-1-methyl-6-phenyl-4H-s-triazolo[4,3-a][1,4]benzodiazepine |
|
100 |
Allobarbital |
5,5-diallylbarbituric acid |
|
101 |
Aminorex |
2-amino-5-phenyl-2-oxazoline |
|
102 |
Barbital |
5,5-diethylbarbituric acid |
|
103 |
Benzphetamine |
N-benzyl-N,α-dimethylphenethylamine |
|
104 |
Bromazepam |
7-bromo-1,3-dihydro-5-(2-pyridyl)-2H-1,4- benzodiazepin-2-one |
|
105 |
Butobarbitone (Butobarbital) |
5-butyl-5-ethylbarbituric acid |
|
106 |
Brotizolam |
2-bromo-4-(o-chlorophenyl)-9-methyl- 6H-thieno[3,2-f]-s-triazolo[4,3-a][1,4]diazepine |
|
107 |
Camazepam |
7-chloro-1,3-dihydro-3-hydroxy-1-methyl-5-phenyl-2H-1,4-benzodiazepin-2-one dimethylcarbamate (ester) |
|
108 |
Chlordiazepoxide |
7-chloro-2-(methylamino)-5-phenyl-3H-1,4-benzodiazepine-4-oxide |
|
109 |
Clobazam |
7-chloro-1-methyl-5-phenyl-1H-1,5-benzodiazepine-2,4(3H,5H)-dione |
|
110 |
Clonazepam |
5-(o-chlorophenyl)-1,3-dihydro-7-nitro-2H-1,4-benzodiazepin-2-one |
|
111 |
Clorazepate |
7-chloro-2,3-dihydro-2-oxo-5-phenyl-1H-1,4-benzodiazepine-3-carboxylic acid |
|
112 |
Clotiazepam |
5-(o-chlorophenyl)-7-ethyl-1,3-dihydro-1-methyl-2H-thieno[2,3-e]-1,4-diazepin-2-one |
|
113 |
Cloxazolam |
10-chloro-11b-(o-chlorophenyl)-2,3,7,11b-tetrahydro-oxazolo-[3,2-d][1,4]benzodiazepin-6(5H)-one |
|
114 |
Delorazepam |
7-chloro-5-(o-chlorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one |
|
115 |
Diazepam |
7-chloro-1,3-dihydro-1-methyl-5-phenyl-2H-1,4-benzodiazepin-2-one |
|
116 |
Ethchlorvynol |
1-chloro-3-ethyl-1-penten-4-yn-3-ol |
|
117 |
Ethinamate |
1-ethynylcyclohexanolcarbamate |
|
118 |
Estazolam |
8-chloro-6-phenyl-4H-s-triazolo[4,3-a][1,4]benzodiazepine |
|
119 |
Ethyl loflazepate |
ethyl 7-chloro-5-(o-fluorophenyl)-2,3-dihydro-2-oxo-1H-1,4-benzodiazepine-3- carboxylate |
|
120 |
N-ethylamphetamine |
N-ethyl-α-methylphenethylamine |
|
121 |
Etizolam |
4-(2-Chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2-f][1,2,4] triazolo[4,3a][1,4] diazepine |
|
122 |
Fludiazepam |
7-chloro-5-(o-fluorophenyl)-1,3-dihydro-1-methyl-2H- 1,4-benzodiazepin-2-one |
|
123 |
Flurazepam |
7-chloro-1-[2-(diethylamino)ethyl]-5-(o-fluorophenyl)- 1,3-dihydro-2H-1,4-benzodiazepin-2-one |
|
124 |
Fencamfamin |
N-ethyl-3-phenyl-2-norbornanamine |
|
125 |
Fenproporex |
(±)-3-[(α-methylphenylethyl)amino]propionitrile |
|
126 |
Flualprazolam |
8-chloro-6-(2-fluoro-phenyl)-1-methyl-4h-benzo[f][1,2,4]triazolo[4,3-a][1,4] diazepime |
|
127 |
Halazepam |
7-chloro-1,3-dihydro-5-phenyl-1-(2,2,2-trifluoroethyl)-2H-1,4-benzodiazepin-2-one |
|
128 |
Haloxazolam |
10-bromo-11b-(o-fluorophenyl)-2,3,7,11b- tetrahydrooxazolo[3,2-d][1,4]benzodiazepin- 6(5H)-one |
|
129 |
Ketazolam |
11-chloro-8,12b-dihydro-2,8-dimethyl-12b-phenyl-4H-[1,3]oxazino[3,2-d][1,4]benzodiazepin-4,7(6H)-dione |
|
130 |
Lefetamine (SPA) |
(–)-N,N-dimethyl-1,2-diphenylethylamine |
|
131 |
Loprazolam |
6-(o-chlorophenyl)-2,4-dihydro-2-[(4-methyl-1-piperazinyl)methylene]-8-nitro-1H-imidazo[1,2-a][1,4]benzodiazepin-1-one |
|
132 |
Lorazepam |
7-chloro-5-(o-chlorophenyl)-1,3-dihydro-3-hydroxy-2H- 1,4-benzodiazepin-2-one |
|
133 |
Lormetazepam |
7-chloro-5-(o-chlorophenyl)-1,3-dihydro-3-hydroxy-1-methyl-2H-1,4-benzodiazepin-2-one |
|
134 |
Mazindol |
5-(p-chlorophenyl)-2,5-dihydro-3H-imidazo[2,1-a]isoindol-5-ol |
|
135 |
Meprobamate |
2-methyl-2-propyl-1,3-propanedioldicarbamate |
|
136 |
Methylphenobarbital |
5-ethyl-1-methyl-5-phenylbarbituric acid |
|
137 |
Methyprylon |
3,3-diethyl-5-methyl-2,4-piperidine-dione |
|
138 |
Medazepam |
7-chloro-2,3-dihydro-1-methyl-5-phenyl-1H-1,4-benzodiazepine |
|
139 |
Mefenorex |
N-(3-chloropropyl)-α-methylphenethylamine |
|
140 |
Midazolam |
8-chloro-6-(o-fluorophenyl)-1-methyl-4H-imidazo[1,5-a][1,4]benzodiazepine |
|
141 |
Mesocarb |
3-(α-methylphenethyl)-N-(phenylcarbamoyl)sydnone imine |
|
142 |
Nimetazepam |
1,3-dihydro-1-methyl-7-nitro-5-phenyl-2H-1,4-benzodiazepin-2-one |
|
143 |
Nitrazepam |
1,3-dihydro-7-nitro-5-phenyl-2H-1,4-benzodiazepin-2-one |
|
144 |
Nordazepam |
7-chloro-1,3-dihydro-5-phenyl-2H-1,4-benzodiazepin-2-one |
|
145 |
Oxazepam |
7-chloro-1,3-dihydro-3-hydroxy-5-phenyl-2H-1,4-benzodiazepin-2-one |
|
146 |
Oxazolam |
10-chloro-2,3,7,11b-tetrahydro-2-methyl-11b-phenyloxazolo[3,2-d][1,4]benzodiazepin-6(5H)-one |
|
147 |
Phendimetrazine |
(+)-(2S,3S)-3,4-dimethyl-2-phenylmorpholine |
|
148 |
Phenobarbital |
5-ethyl-5-phenylbarbituric acid |
|
149 |
Phentermine |
α,α-dimethylphenethylamine |
|
150 |
Pipradrol |
1,1-diphenyl-1-(2-piperidyl) methanol |
|
151 |
Pinazepam |
7-chloro-1,3-dihydro-5-phenyl-1-(2-propynyl)-2H-1,4-benzodiazepin-2-one |
|
152 |
Prazepam |
7-chloro-1-(cyclopropylmethyl)-1,3-dihydro-5-phenyl-2H-1,4-benzodiazepin-2-one |
|
153 |
Pyrovalerone |
4’-methyl-2-(1-pyrrolidinyl) valerophenone |
|
154 |
Pemoline |
2-amino-5-phenyl-2-oxazolin-4-one |
|
155 |
Phenazepam (Fenazepam) |
7-bromo-5-(2-chlorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one |
|
156 |
Secbutabarbital |
5-sec-butyl-5-ethylbarbituric acid |
|
157 |
Temazepam |
7-chloro-1,3-dihydro-3-hydroxy-1-methyl-5-phenyl-2H-1,4-benzodiazepin-2-one |
|
158 |
Tetrazepam |
7-chloro-5-(1-cyclohexen-1-yl)-1,3-dihydro-1-methyl-2H-1,4-benzodiazepin-2-one |
|
159 |
Triazolam |
8-chloro-6-(o-chlorophenyl)-1-methyl-4H-s-triazolo[4,3-a][1,4]benzodiazepine |
|
160 |
Vinylbital |
5-(1-methylbutyl)-5-vinylbarbituric acid |
|
161 |
Zolpidem |
N,N,6-trimethyl-2-p-tolylimidazo[1,2-a]pyridine-3-acetamide |
1. The isomers, unless specifically excepted, of the drugs in this Section whenever the existence of such isomers is possible within the specific chemical designation.
2. The esters and ethers, unless appearing in another part, of the drugs in this Section whenever the existence of such esters or ethers is possible.
3. The salts of the dangerous drugs mentioned in this Section, including the salts of the isomers, whenever the formation of such salts is possible.
4. Any substance, that are substantially similar to the parent substances listed in this Section, which typically exhibiting high abuse potential.
5. Any chemical analogue with modification in any of the atom of the parent substance listed in this Section by any atom or specific group of atoms (functional group), which typically exhibiting high abuse potential.
6. Substances, preparations or mixtures containing any proportion of drug/drugs in this Section and isomers, esters and salts as specified in the paragraphs 1, 2, 3, 4 and 5 above.
SECTION 3
The groups of substances, including any salt or stereoisomeric form of such substances and any preparation, mixture or a product containing such substances as indicated below—
1. Amphetamine analogues, other than listed in the above Section 2, in which the 1-amino-2-phenylethane nucleus carries any of the following substituent, either alone or in combination—
(a) 1 or 2 alkyl substituents, each with up to 6 carbon atoms, attached to the nitrogen atom;
(b) 1 or 2 methyl substituents or an ethyl substituent, attached to the carbon atom adjacent to the nitrogen atom;
(c) a hydroxy substituent attached to the carbon atom adjacent to the benzene ring;
(d) any combination of up to 5 alkyl substituent and/or alkoxy substituent and/or alkylamino substituent and/or alkylthio substituent (each with up to 6 carbon atoms, including cyclic substituent) and/or halogen substituent and/or nitro substituent and/or amino substituent, attached to the benzene ring.
2. Pethidine analogues, in which any substance (not being listed in above Section 1) structurally derived from pethidine (4-phenylpiperidine nucleus) by modification in any of the atom by any atom or specific group of atoms (functional group) or stereoisomeric form of any such substance, any preparation or product containing any such substance and thereof, any of the following ways—
(a) by replacement of the 1-methyl group by an acyl, alkyl whether or not unsaturated, benzyl or phenethyl group, whether or not further substituted;
(b) by substitution in the piperidine ring with alkyl or alkenyl groups or with a propano bridge, whether or not further substituted;
(c) by substitution in the 4-phenyl ring with alkyl, alkoxy, aryloxy, halogen or haloalkyl groups;
(d) by replacement of the 4-ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group;
(e) by formation of an N-oxide or of a quaternary base.
3. Phencyclidine analogues, any substance other than listed in the above Section 2, being chemical substances with the 1-alkylamino-1-arylcyclohexane (arylcycloalkylamines) structure, with any combination of the followings—
(a) the alkylamino substituent is 1-piperidinyl, 1-pyrrolidinyl, 4-morpholinyl, or any other substituent with up to 6 carbon atoms in the alkyl portion;
(b) the aryl substituent is phenyl, thienyl, pyridinyl, or pyrrolidinyl;
(c) the aryl substituent, carries any combination of up to 5 alkyl substituents and/or alkoxy substituent (each with up to 6 carbon atoms, including cyclic substituents) and/or halogen substituents;
(d) any related substances, including any salt or stereoisomeric form of such substances, and any preparation or product containing such substances.
4. Fentanyl analogues, any substance other than listed in above Section 1, in which the N-[1-(2-phenethyl)-4-piperidyl]aniline nucleus has additional substituents, either alone or in combination or by any modification attached as follows—
(a) by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle;
(b) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halogen, haloalkyl, amino or nitro groups;
(c) by substitution in the piperidine ring with alkyl or alkenyl groups;
(d) by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halogen or haloalkyl groups;
(e) by substitution at the 4-position of the piperidine ring with anyalkoxycarbonyl or alkoxyalkyl or acyloxy group;
(f) by replacement of the N-propionyl group by another acyl group; or
(g) any substances (other than a substance listed in Section 1), structurally derived from (1-Methyl-4-piperidyl)-N-phenylformamide by any substitution and thereof.
5. Methaqualone analogues, any substance other than listed in the above Section 2, in which the 3-arylquinazolin-4-one nucleus has additional substituents, either alone or in combination, attached as follows—
(a) an alkyl substituent, with up to 6 carbon atoms, attached at the 2 position;
(b) any combination of up to 5 alkyl substituents and/or alkoxy substituents (each with up to 6 carbon atoms, including cyclic substituents) and/or halogen substituents, attached to each of the aryl rings.
6. Tryptamines analogues, which any substance (other than a substance listed in the above Section 2 or serotonin) structurally derived from 2-(1Hindol-3-yl) ethanamine (tryptamine) or from a ring-hydroxy by modification in any of the atom by any atom or specific group of atoms (functional group), including any ether, salt or stereoisomeric form of any such substance, any preparation or product containing any such substance and thereof, such as—
(a) by substitution at the nitrogen atom of the side chain to any extent with alkyl or alkenyl substituents or by inclusion of the nitrogen atom of the side chain (and no other atoms of the side chain) in acyclic structure;
(b) by substitution at the carbon atom adjacent to the nitrogen atom of the side chain with alkyl or alkenyl substituents;
(c) by substitution in the 6-membered ring to any extent with alkyl, alkoxy, haloalkyl, thioalkyl, alkylenedioxy, or halide substituents;
(d) by substitution at the 2-position of the tryptamine ring system with an alkyl substituent.
7. Synthetic Cathinones and their analogues.
Any substance, (other than a substance listed in the above Section 2 or bupropion) that is structurally derived from 2-amino-1-phenylpropan-1-one by modification in any of the atom by any substitution by an atom or a specific group of atoms (functional group) or substituent including any salt or stereoisomeric form thereof, and any preparation or product containing thereof.
8. Aminodanes and their analogues.
Any aminodane (other than listed in the above Sections) and any substance, including any salt or stereoisomeric form of such substances, and any preparation or product containing such substances.
9. Phenethylamines and their analogues.
Any phenethylamine substance (other than a substance listed in the above Section 2), including any type of positional isomer in the phenyl ring by modification in any of the atom by any substitution by an atom or a specific group of atoms (functional group), substituted substances such as the ‘2C series’, ring substituted amphetamines such as the ‘D series’, any benzodifurans or its substituent and any others substance thereof, including any salt or stereoisomeric form thereof, and any preparation or product containing thereof.
10. Any substance (not being bupropion, cathinone, diethylpropion, pyrovalerone or not being listed for the time being specified in above Sections) structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways, that is to say—
(a) by substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
(b) by substitution at the 3-position with an alkyl substituent;
(c) by substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
11. Any substance (other than a substance listed in above Sections) structurally derived from 2-aminopropan-1-one by substitution at the 1-position with any monocyclic or fused-polycyclic ring system or not being listed for the time being specified in above Sections or not being a phenyl ring or alkylenedioxyphenyl ring system, whether or not the substance is further modified in any of the following ways, that is to say—
(a) by substitution in the ring system to any extent with alkyl, alkoxy, alkylenedioxy haloalkyl or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
(b) by substitution at the 3-position with an alkyl substituent;
(c) by substitution at the 2-amino nitrogen atom with alkyl or dialkyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.
12. Any substance (not being listed in above Sections or not being pipradrol) structurally derived from piperidine, pyrrolidine, azepane, morpholine or pyridine by substitution at a ring carbon atom with a diphenylmethyl group, whether or not the substance is further modified in any of the following ways, that is to say—
(a) by substitution in any of the phenyl rings to any extent with alkyl, alkoxy, haloalkyl or halide groups;
(b) by substitution at the methyl carbon atom with an alkyl, hydroxyalkyl or hydroxy group;
(c) by substitution at the ring nitrogen atom with an alkyl, alkenyl, haloalkyl or hydroxyalkyl group.
13. Any substance falls into the category of “Synthetic Cannabinoids” (other than listed in above Section 2), any salt or stereoisomeric form of such substances, and any preparation or product containing such substances—
(a) Any substance other than listed in above Section 2, containing a 3-(1-naphthylmethyl)indole structure with substitution at the nitrogen atom of the indole ring by an atom or any specific group of atoms (functional group), and any derivatives of the above substances including any salt or stereoisomeric form of the above substances or derivatives, and any preparation or product containing the above substances or derivatives;
(b) Any substance other than listed in above Section 2, containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an atom or any specific group of atoms (functional group), and any derivatives of the above substances containing functional groups, including any salt or stereoisomeric form of the above substances or derivatives, and any preparation or product containing the above substances or derivative;
(c) Any substance other than listed in above Section 2, containing a naphthylideneindene structure with any substitution at any position of the indene ring by an atom or any specific group of atoms (functional group), and any derivatives of the above substances containing hydroxy and/or carboxylic acid groups, including any salt or stereoisomeric form of the above substances or derivatives, and any preparation or product containing the above substances or derivatives;
(d) Any substance other than listed in above Section 2, containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at any position of the phenolic ring by an atom or any specific group of atoms (functional group), and any derivatives of the above substances containing hydroxy and/or carboxylic acid groups, including any salt or stereoisomeric form of the above substances or derivatives, and any preparation or product containing the above substances or derivatives.
14. The analogues gamma-Hydroxybutyrate (GHB) and—
(a) the esters, ethers, and amides of GHB; and
(b) all substances from which GHB can be derived, including (without limitation)—
(i) 1,4-butanediol;
(ii) gamma-aminobutyric acid;
(iii) gamma-butyrolactone;
(iv) gamma-hydroxybutyraldehyde; and
(c) the salts of GHB (including sodium oxybate) and the salts of any substance referred to in paragraph (a) or paragraph (b); and
(d) any substance, preparation, or mixture containing any proportion of GHB or any substance referred to in any of paragraphs (a) to (c).
15. Plant based substances causing a psychoactive effect.
Any part of the plant other than listed in above Sections 1 and 2, any extract or preparation thereof of the following plants—
(a) Khat (Catha edulis);
(b) Kratom (Mitragyna speciosa);
(c) Salvia (Salvia divinorum);
(d) Chacruna (Psychiotria viridis);
(e) Mimosa hostilis (Mimosa tenuiflora);
(f) Hawaiian Baby Woodrose (Argyreia nervosa);
(g) Iboga (Tabernanthe iboga),
or any other plant containing any dangerous drug or a substance substantially similar to dangerous drugs or a substituted analogue of a dangerous drug listed in above Sections 1 and 2, which typically exhibiting high abuse potential.
Group C
[Sections 48, 49, 50, 51 and 68]
DRUGS, SUBSTANCES, ARTICLES, OR PREPARATIONS, TO WHICH THE PROVISIONS AS TO IMPORTATION. EXPORTATION AND WHOLESALE TRADE APPLY
1. Methylmorphine commonly known as codeine, and its salts.
2. Ethylmorphine commonly known as dionin, and its salts.
3. Any preparation, admixture or other substance (except syrupus Codeinae Phosphatis B.P.C. 1934.) containing any proportion of methyl morphine (commonly known as codeine) or ethylmorphine (commonly known as dionin) associated with any inert substance whether solid or liquid, and to any preparation, admixture or other substance containing more than 2.5 per centum of methy[morphine or ethylmorphine (calculated as pure drug) associated with any other medicinal substance.
4. Pethidine, its sails and preparations.
5. Amidone. (dl-2-dimethylamino 4-diphenylheptane 5-one) its salts and any preparation, admixture.
6. Metopon. (Methyldihydromorphinone) its salts, and any preparation, admixture, extract or other substance containing any proportion of methyldihydromorphinone.
7. Acetyldihydrocodeine, (Acetylcodone).
8. Dihydrocodeine and its salts (Paracodine).
9. Acetyldihydrocodeine and its salts (Acetylcodone).
Group D
[Sections 48, 49, 50 and 67]
DRUGS, SUBSTANCES, ARTICLES, OR PREPARATIONS, TO WHICH ONLY THE PROVISIONS AS TO IMPORTATION AND EXPORTATION APPLY
1. Pil. Hydrarg. c. Cret. et Opio, B.P.C.
2. Pulv. Cretae Aromat. c. Opio, B.P.
3. Pulv. Ipecac. Co., B.P. (Dover’s Powder).
Group E
[Sections 48 and 50]
DRUGS, SUBSTANCES, ARTICLES. OR PREPARATIONS, THE EXPORTATION OF WHICH IS TOTALLY PROHIBITED
1. Diacetylmorphine, and its salts.
2. Any product obtained from any of the phenanthrene alkaloids of opium or from the ecgonine alkaloids of the coca leaf, not being a product which was in use on or before the 13th day of July, 1931, for medicinal or scientific purposes.
PART II
REGULATIONS AS TO THE IMPORT AND EXPORT OF DANGEROUS DRUGS
[Sections 32, 49 and 50]
1. (1) The licence to import dangerous drugs shall be substantially in the following form—
The Poisons, Opium, and Dangerous Drugs Ordinance
LICENCE TO IMPORT DANGEROUS DRUGS
[Section 49]
Licence No……………..
In pursuance of the powers vested in me by section 49 of the Poisons, Opium, and Dangerous Drugs Ordinance, I, …………. Director of Health Services, hereby license……………(Name of Firm)…………who employs a pharmacist approved by me as having the requisite knowledge and experience to import in accordance with the provisions of the Ordinance and the regulations thereunder, the drugs, substances, articles, and preparations specified for the time being in Groups B, C, and D in Part I of the Third Schedule to the Ordinance.
Given under my hand this……….day of……. 20…..
………………….
Director of Health Services.
This licence expires on………..unless renewed by endorsement, and is subject to the condition that it may be cancelled by the Director upon the withdrawal, under section 58 of the Ordinance, of any authorisation given to the licensee.
(2) Every licence issued under this regulation shall be in force for a period of twelve months from the date of expire, issue, and may be renewed by the Director annually by endorsement made on or before the date on which it is to expire.
(3) No licence shall be issued or renewed under this regulation unless the firm applying for the licence or the renewal of the licence employs a pharmacist approved by the Director, and the Director may, for the purposes of such approval, require the pharmacist employed by any firm applying for a licence or the renewal of a licence to submit himself to such test as the Director may deem necessary.
(4) A fee of two hundred rupees shall be payable for the licence and a fee of five rupees shall be payable for each renewal thereof.
2. The import authorisation for dangerous drugs shall be substantially in the following form—
[Section 49]
Government of Sri Lanka.
Authorization No …………….
File No……….
The Poisons, Opium, and Dangerous Drugs Ordinance
IMPORT AUTHORISATION
|
[1] Here insert name and full postal address of importer. [2] Here insert name and full postal address of exporter. |
In pursuance of the provisions of section 49 of the Poisons, Opium, and Dangerous Drugs Ordinance, the Director of Health Services, Sri Lanka, hereby authorises ……………[1] (hereinafter called “the importer”) to import the drugs specified in the Schedule hereto from…………[2]. This authorisation is issued subject to the following conditions— (1) The drugs shall be imported before……….(date). (2) This authorisation is not a licence to be in possession of or to supply the drugs imported. (3) This authorisation does not relieve the importer from compliance with any customs regulations in force for the time being relating to the importation of goods into or transhipment of goods in Sri Lanka, or any post office regulations for the time being in force in Sri Lanka. (4) This authorisation is valid only for the importer and may be revoked at any time by the Director of Health Services, to whom it shall in that event be immediately surrendered. It shall be produced for inspection when required by any duly authorised person. importation and shall be surrendered to the customs officer at the time when the last consignment of the drugs specified in the Schedule is imported. (6) If the importation of all the drugs specified in the Schedule is not effected before the date specified in condition No. I this authorisation shall immediately after that date be surrendered to the Director of Health Services. (7) The copy of the export authorisation, if any, which accompanies the drugs shall be forwarded to the ………… immediately the importation of the drugs has been effected. |
Date:. …………………….
……………………………
(Signature and stamp of the Director of Health Services, Sri Lanka.)
This authorisation is not to leave the possession of the importer until it is surrendered to the Director of Health Services or to the customs officer. If it is surrendered to the customs officer, he will complete the certificate on the back and return the authorisation to the Director of Health Services.
Schedule specifying the drugs and quantities thereof to be imported—
ENDORSEMENT BY CUSTOMS OFFICER AT THE TIME OF IMPORTATION
|
Date |
Description of Drugs Imported |
Number and Date of Export |
Quantity |
How Imported |
or Parcel No. |
signature, Mark and Station of Customs Officer |
|
|
|
|
|
e.g. ex………… (in the case of a ship) or by registered parcel post or by insured box post. |
|
|
This authorisation, when all the drugs to which it relates have been imported must be returned by the customs officer to the Director of Health Services.
3. The import certificate for dangerous drugs shall be substantially in the following form—
Government of Sri Lanka.
No……… [Section 49]
The Poisons, Opium, and Dangerous Drugs Ordinance
IMPORT CERTIFICATE
|
provisions of the above Ordinance relating to the dangerous drugs to which the International Opium Conventions apply, hereby certify that I have approved the importation into Sri Lanka by (a)………………… |
(a) Name, address and business of importer. |
|
of (b)………………. |
(b) Exact description and drug to be imported. |
|
from (c)……………….. subject to the following conditions: |
(c) Name and address of firm in exporting country which the drug is to be obtained. |
|
(d) ………. |
(d) State any special conditions to be observed eg. not to be imported through the post. |
|
(e) ………. |
(e) State, if possible, customs officer through which the goods will be imported. |
|
(f) ……………. |
(f) State, if possible, route to be followed by the goods. |
|
(g) ………. |
(g) Period within which the import is to be effected. |
|
And 1 hereby further certify that I am satisfied that the consignment proposed to be imported is required for the 1931 Convention apply). |
|
(Signature):……….
(Official rank): ……….
(Date):………
4. (1) In the ease of every ship having on board any restricted article consigned to a place in Sri Lanka—
(a) the agent in Sri Lanka of the owners of the ship shall, no! less than forty-eight hours before the time at which the ship is expected to arrive in port, give information to the Principal Collector of Customs of the presence of such article on board; and
(b) the master of the ship shall, within four hours after the arrival of the ship in port, report the presence of such article to the Collector of Customs, and produce the original or an authenticated copy together with another copy (which shall be retained by the Collector of Customs) of the export authorisation or diversion certificate accompanying the consignment of that article.
(2) The consignment shall not be landed at any port in Sri Lanka other than Colombo and shall not be (a) unless the import authorisation issued by the Director is presented by the consignee, and
(a) unless the import authorisation issued by the Director is presented by the consignee, and
(b) unless the consignment is accompanied by a copy of the export authorisation issued by the Government of the exporting country or a copy of any diversion certificate granted in respect of the consignment, and
(c) until the consignment has been inspected by the customs officer and checked by him against the import authorisation and the copy of the export authorisation or diversion certificate accompanying the consignment. On release of the consignment, the customs officer shall endorse the import authorisation and forward it immediately to the Director.
5. The Director, when the importation has been effected, or when the period fixed for the importation has expired, shall return the export authorisation, with an endorsement to that effect, to the Government of the exporting country. The endorsement shall specify the amount actually imported.
6. (1) Application for authorisation to export dangerous drugs shall be made to the Director on a form to be obtained from him. It shall be entirely in the discretion of the Director, subject to appeal to the Minister, whether to grant or refuse any such application.
(2) Dangerous drugs shall be exported only from the port of Colombo.
7. (1) The Director shall before issuing an export authorisation require an import certificate, issued by the Government of the importing country and certifying that the importation is approved, to be produced by the person applying for the export authorisation.
(2) In the case of an application to export a consignment to any country for the purpose of being placed in a bonded warehouse in that country, a special certificate from the Government of the country, certifying that it has approved the introduction of the consignment for the said purpose, may be accepted in place of the import certificate provided for above. In such a case the export authorisation shall specify that the consignment is exported for the purpose of being placed in a bonded warehouse.
8. The export authorisation shall be issued by the Director and shall specify the quantity to be exported, the name and address of the exporter, and the name and address of the importer. It shall also specify the period within authority by whom it has been issued.
9. The export authorisation for dangerous drugs shall be substantially in the following form—
Government of Sri Lanka. No………
The Poisons, Opium, and Dangerous Drugs Ordinance
EXPORT AUTHORISATION
[Section 50]
I,, Director of Health Services, Sri Lanka, being the officer charged with the administration of the provisions of the above Ordinance relating to the dangerous drugs to which the International Opium Conventions apply, hereby certify that 1 have approved and authorised the exportation from Sri Lanka
|
(a) Name, address and business of exporter. |
by (a) ….. |
(a) Name, address and business of exporter. |
|
|
of (b). |
(b) Exact description and amount of drug to be exported. |
|
|
to (c). |
(c) Name and address of firm in importing country requiring the drug. |
|
|
(d). |
(d) Number and date of import certificate and indication of the authority issuing this certificate. |
|
subject to the following conditions— |
||
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(e) |
(e) State any special conditions to be observed-. eg., not to be imported through the post. |
|
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(f) |
(f) Customs office through which the goods will be exported. |
|
|
(g) |
(g) State, if possible, route to be followed by the goods. |
|
|
(h) |
(h) Period within which the export is to be effected |
Date: ……………
Signature: …………..
(Official rank): …………..
10. A copy of the export authorisation shall accompany the consignment, and this Government shall send a copy to the Government of the importing country.
11. The exporter shall notify the Director of the date on which the dangerous drugs exported are posted or shipped, and, if shipped, the name of the ship and the marks on the cases or packages.
12. The exporter shall also inform the Director if a less quantity is exported than that specified in the export authorisation. In such case the Director shall note the quantity actually exported on the export authorisation and on any official copy thereof.
13. Dangerous drugs imported and placed in a strong room shall not be withdrawn therefrom for export except on the authority of a special authorisation to be issued by the Director. Such authorisation shall not be issued, unless an import certificate issued by the Government of the country of destination and certifying that the importation is approved, is produced to the Director. The special authorisation shall, as nearly as may be, be in the same form as the” official authorisation to export “, and shall in addition state the authority under which it was imported and placed in a strong room. The foregoing regulations 10, 11, and 12 shall apply to every such export.
14. (1) Every package of dangerous drugs placed in a strong room under the foregoing regulation 13 shall be sealed with the seal of the Customs Department and of the importer of those drugs.
(2) The charges for the storage of any package of dangerous drugs shall be the same as the charges for any other package or article stored at the baggage office, and, together with the cost of any guard which the Principal Collector of Customs may deem necessary, shall be paid to the Principal Collector of Customs by the importer of the drugs before the package is delivered to him.
PART III
[SECTION 54A]
[Third Schedule Part III subs by s 6(2) of Act 41 of 2022.]
|
Column I |
Column II |
Column III |
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Traffics, possess, imports or |
Opium |
|
|
-do- |
1 kilogramme or above |
Death or life imprisonment. |
|
-do- |
500 grammes to less than 1 kilogramme |
Life imprisonment. |
|
-do- |
50 grammes to less than 500 grammes |
Fine not less than two hundred thousand rupees and not exceeding five hundred thousand rupees and imprisonment of either description for a period not less than ten years and not exceeding fifteen years or to both such fine and imprisonment. |
|
-do- |
10 grammes to less than 50 grammes |
Fine not less than one hundred thousand rupees and not exceeding two hundred thousand rupees and imprisonment of either description for a period not less than five years and not exceeding ten years or to both such fine and imprisonment. |
|
-do- |
Less than 10 grammes |
Fine not exceeding one hundred thousand rupees and imprisonment of either description for a period not less than two years and not exceeding five years or to both such fine and imprisonment. |
|
|
Morphine, Cocaine, Heroin and Methamphetamine |
|
|
-do- |
5 grammes or above |
Death or life imprisonment. |
|
-do- |
3 grammes to less than 5 grammes |
Fine not less than two hundred thousand rupees and not exceeding five hundred thousand rupees and imprisonment of either description for a period not less than ten years and not exceeding twenty years or to both such fine and imprisonment. |
|
-do- |
2 grammes to less than 3 grammes |
Fine not less than one hundred thousand rupees and not exceeding two hundred thousand rupees and imprisonment of either description for a period not less than seven years and not exceeding ten years or to both such fine and imprisonment. |
|
-do- |
Less than 2 grammes |
Fine not less than twenty five thousand rupees and not exceeding fifty thousand rupees and imprisonment of either description for a period not less than three years and not exceeding five years or to both such fine and imprisonment. |
|
|
Cannabis |
|
|
-do- |
100 kilogrammes or above |
Fine not less than two hundred thousand rupees and not exceeding five hundred thousand rupees and imprisonment of either description for a period not less than ten years and not exceeding fifteen years or to both such fine and imprisonment. |
|
-do- |
5 kilogrammes to less than 100 kilogrammes |
Fine not less than one hundred thousand rupees and not exceeding two hundred thousand rupees and imprisonment of either description for a period not less than five years and not exceeding ten years or to both such fine and imprisonment. |
|
-do- |
1 kilogramme to less than 5 kilogrammes |
Fine not less than fifty thousand rupees and not exceeding one hundred thousand rupees and imprisonment of either description for a period not less than two years and not exceeding five years or to both such fine and imprisonment. |
|
-do- |
Less than 1 kilogramme |
Fine not less than twenty thousand rupees and not exceeding fifty thousand rupees and imprisonment of either description for a period not less than one year and not exceeding two years or to both such fine and imprisonment. |
FOURTH SCHEDULE
[Sections 2 AND 61]
|
(a) Record of |
Morphine, Diamorphine (Heroin), Cocaine, Medicinal Opium. Extract or tincture of the hemp plant or of the resin obtained from the hemp plant. Benzoyl-morphine, Eucodal, Dicodide. |
Purchased or otherwise obtained |
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|
|
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Date on which Supply received |
Name of Person, Body, or Firm from whom obtained |
Address of Person, Body, or Firm from whom obtained |
Amount obtained |
Form in which obtained |
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(b) Record of |
Morphine, Diamorphine (Heroin), Cocaine, Ac. Medicinal Opium. Extract or tincture of the hemp plant or of the resin obtained from the hemp plant. Benzoyl-morphine, Eucodal, Dicodide. |
Sold or supplied |
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|
|
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Date on which the was effected |
Person, Body, or whom sold |
Address of Person, Body, or firm to whom sold supplied |
Authority of Person, Body, or Firm to be in possession of the Drug |
sold or supplied |
which sold or supplied |
When Sale is on a Prescription specify the Ingredients of the Prescription |
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FIFTH SCHEDULE
[Sections 2, 66, 80]
DRUGS OBTAINABLE BY APOTHECARIES ON LICENCE FROM DIRECTOR
Tinctura opii.
Liq. Morphinae Hydrochloridi.
SIXTH SCHEDULE
[Sections 2, 70, 72, 80]
1. Every consignment of restricted articles in transit to a place outside Sri Lanka shall be specified in the ship’s manifest and shall be accompanied by an export authorisation authorising its export issued by the competent authority of the country from which it was exported or by a diversion certificate issued by such authority or by the competent authority of a country through which the consignment has been permitted to pass, and accompanied also, in the case of a consignment of raw opium, by the import certificate issued 1 or the purposes of that consignment by the competent authority of the country to which it is in transit:
Provided, however, that the requirements of this regulation as to the export authorisation or diversion certificate or import certificate shall not be applicable to any consignment of any restricted article exported from a country which is not a party to the International Opium Conventions.
2. In the case of every ship having on board any consignment of any restricted article in transit to a place outside Sri Lanka presence of such consignment on board; and
(a) the agent in Sri Lanka of the owner of the ship shall, not less than forty-eight hours before the time at which the ship is expected to arrive in port, give information to the Principal Collector of Customs of the presence of such consignment on board; and
(b) the master of the ship shall, within four hours after the arrival of the ship in port, report the presence of such consignment on board to the Collector of Customs and produce for inspection the original or an authenticated copy of the export authorisation or diversion certificate accompanying the consignment:
Provided, however, that where any such consignment has been exported from a country which is not a party to the International Opium Conventions, the master of the ship shall produce in lieu of the export authorisation or diversion certificate, sufficient evidence to prove to the satisfaction of the Collector that the consignment is being conveyed in a lawful manner and for a lawful purpose.
3. No consignment of any restricted article in transit to a place outside Sri Lanka shall, when it is brought into any port in Sri Lanka be taken out of such port in the same ship without the written permit of the Collector of Customs who shall not grant such permit, unless he is satisfied that such customs regulations as may be applicable have been duly observed in respect of that consignment and that ship, and that that ship intends to call at the port of destination named in the export authorisation or diversion certificate accompanying the consignment, or, where Conventions, that the consignment is being conveyed in a lawful manner and for a lawful purpose.
4. —
(1) Every consignment of any restricted article brought into any port in Sri Lanka for the purpose of transshipment shall be either—
(a) with the written permit of the Director and subject to the observance of any customs regulations which may be applicable, transshipped under the supervision of a preventive officer of the customs to the exporting ship without being Landed:
Provided that no such permit shall be given, unless the Director is satisfied that such customs regulations as may be applicable have been duly observed in respect of that consignment and the exporting ship and that that ship will call at the port of destination named in the export authorisation or diversion certificate accompanying the consignment, or, where any such consignment has been exported from a country which is not a party to the International Opium Conventions, that the consignment is being conveyed in a lawful manner and for a lawful purpose; or
(b) with the written permit of the Director and subject to the observance of any customs regulations which may be applicable, placed under guard in a strong room in the customs premises.
(2) No consignment of restricted articles placed in a strong room with a view to transhipment shall be withdrawn from the strong room except for export to the port of destination named in the export authorisation or diversion certificate, or, where any such consignment has been exported from a country which is not a party to the International Opium Conventions, to a port to which in the opinion of the Collector of Customs, the consignment is being conveyed in a lawful manner and for a lawful purpose. Such withdrawal shall only be made with the written permit of the Director and in accordance with the customs regulations applicable.
(3) The permit referred to in the foregoing paragraphs (1) and (2) shall be substantially in the following form: -
PERMIT FOR THE REMOVAL OF DANGEROUS DRUGS IN TRANSIT
…………….is hereby authorised to move the dangerous drugs described hereunder from……….. to …………
Nature and quantity of dangerous drugs:………………
Particulars of export authorisation (or diversion certificate), if any, relating thereto:…………….
Name of ship on which the drugs were brought into Sri Lanka:……………
Date of arrival:………….
Number of packages:……………..
Marks and numbers on packages………………
This permit is issued subject to the following conditions—
(1) This permit is valid only for the removal of the drugs specified above.
(2) The removal of the drugs shall take place between……….a.m./p.m., and………….a.m.; p.m. on the………… 20…….
(3) If the removal of the drugs does not take place within the hours and on the day specified, this permit must be returned to the Director of Health Services forthwith; and in any case shall be surrendered when the removal has taken place.
(4) The drugs must not be removed unless an officer of the Customs Department is present.
(5) This permit docs not authorise the person named above to be in possession of the drugs otherwise than for the purpose of removing them in accordance with this permit.
(6) The packages containing the drugs are not to be opened or broken in the course of the removal.
(7) This permit shall be produced at any time when required by a duly authorised person.
………………….
(Signature and stamp of the Director of Health Services. Sri Lanka.)
5. The Minister may direct the issue of a special diversion certificate authorising any consignment of any restricted articles to be carried to another destination. A diversion certificate shall only be issued after the receipt of an import certificate from the Government of the country to which it is proposed to divert the consignment, or, if that country is not a party to the International Opium Conventions, only upon the production of adequate evidence to prove that the consignment is being conveyed to that country in a lawful manner and for a lawful purpose. Every such diversion certificate shall contain the same particulars as are required to be stated in an export authorisation, together with the name of the country from which the consignment was originally exported. All the provisions of the Third Schedule applicable to an export authorisation shall apply to a diversion certificate.
6. —
(1) If any restricted article consigned to a destination outside Sri Lanka is brought into any port of Sri Lanka, no person shall, except on the authority of a diversion certificate issued in accordance with the foregoing regulation, divert or cause or procure to be diverted, such restricted article to any destination other than that to which it was originally consigned.
(2) The destination to which the article was originally consigned shall be deemed to be the destination stated in the export authorisation or in any diversion certificate accompanying the consignment.
7. —
(1) Where any consignment of a restricted article is placed in a strong room under regulation 4, every package of that consignment shall he sealed with the seal of the Customs Department and of the agent of the owner of the ship.
(2) The cost of the supervision of any transshipment and of any guard provided under the foregoing regulations shall be paid by the agent of the owner of the ship.
8. In these regulations, unless the context otherwise requires, the expression “the International Opium Conventions” includes the International Convention relating to Opium signed at the Hague on the 23rd day of January, 1912, and the International Conventions relating to Dangerous Drugs and to Narcotic Drugs signed at Geneva on the 19th day of February, 1925, and the 13th day of July, 1931, respectively.
1 Until the coming into force of the Code this Ordinance shall have effect subject to the modifications specified in the Schedule to the Ayurveda Act; See section 86 of that Act.
2 Paragraphs (c), (cc) and (ccc) of section 41(1) of the Medical Ordinance add further categories of apothecaries who are entitled to practise medicine and surgery.
3 An estate apothecary is added by an amendment to Section 41(1)(d) to the Medical Ordinance by Act No. 16 of 1965.
4 See also sections 2 and 11 of the Maritime Zones Law.
5 Repealed by Ordinance No. 17 of 1929.
6 S 46 is a transitory provision hence omitted.