Substance abuse offences

Question 1

Define “deal-in”.

Answer 1

Means doing anything related to the movement, production, or distribution of drugs.

Question 2

Define “possess”.

Answer 2

To keep or to store the drug, or to have it in custody, under control or supervision.

Question 3

Discuss the prohibition of possession or use of drugs.

Answer 3

No person shall use or have in his possession:

• Any dependence producing substance;
• Any dangerous dependence producing substance or any undesirable dependence producing substance.

Section 4 of the Drugs and Trafficking Act.

Question 4

What are the statutory exceptions or grounds of justification that make possession or use lawful ?

Answer 4

• Lawful Authority or Professional Capacity (pharmacists, medical practitioners, veterinaries).
• Medical or therapeutic use (prescription drugs, treatment programs).
• Scientific or research purposes.
• Religious and cultural use.
• Official permits or licenses (import or export, manafacturing license).
• Accidental or unknowing possession.

Question 5

Discuss the religious and cultural use ground for justification.

Answer 5

The Prince case decriminalized the private use, possession, and cultivation of cannabis for personal purposes by adults, acknowledging its religious and personal significance.

Question 6

Discuss the accidental or unknowing possession ground for justification.

Answer 6

An individual may not be criminally liable if they can prove accidental possession (the substance was in their possession without their knowledge); and lack of control (they did not have actual custody or control over the drug).

Question 7

Distinguish between the different types of subtances.

Answer 7

• Dependence-Producing Substances are drugs that cause physical or psychological dependence when used regularly (codeine, morphine etc.).
• Dangerous Dependence-Producing Substances pose a higher risk of harm and addiction (cocaine, heroin).
• Undesirable Dependence-Producing Substances are less potent or milder drugs but still illegal without proper authorization (mandrax, khat).

Question 8

What are the penalties prescribed by the Act for possession offences ?

Answer 8

• Dependence-producing substance: Fine or imprisonment (max 5 years) or both.
• Dangerous and Undesirable substances: Fine or imprisonment (max 15 years) or both.

Section 17 of the Drugs and Trafficking Act.

Question 9

Discuss the placing of drugs in another’s possession.

Answer 9

• Placing drugs on another person’s property (or in their possession) with the intention to have them charged under the Act.
• Fine or imprisonment (max 5 years), or both.

Section 13(a) of the Drugs and Trafficking Act.

Question 10

Discuss the prohibition of the dealing-in of drugs.

Answer 10

No person may deal in:

• Any dependence-producing substance;
• Any dangerous or undesirable dependence-producing substance.

Section 5 of the Drugs and Trafficking Act.

Question 11

What are the penalties prescribed by the Act for dealing-in offences ?

Answer 11

• Dependence-producing substance: Fine or imprisonment (max 10 years) or both.
• Dangerous and Undesirable substances: Fine or imprisonment (max 25 years) or both.

Section 17 of the Drugs and Trafficking Act.