Drugs and Prevention of Illicit Traffic in Drugs Act, 1995 that Explains the Handling of Controlled Medicines

Session 9: Drugs and Prevention of Illicit Traffic in Drugs Act, 1995 that Explains the Handling of Controlled Medicines

Total Session Time: 120 minutes

Prerequisites

None

Students Learning Tasks

By the end of this session students are expected to be able to:

Give Introduction on the drugs and prevention of illicit traffic in drugs Act

Mention the sections of the Act, 1995 that explain the handling of controlled medicines.

Mention source of the fund for control of drug and prevention of illicit traffic.

Mention sections which Prevention on holding illicitly control of drug/medicine.

Resources Needed:

Flip charts, marker pens, and masking tape

Black/white board and chalk/whiteboard markers

SESSION OVERVIEW

Step

Time

Activity/

Method

Content

1

5 minutes

Presentation

Introduction, Learning Tasks

2

15 minutes

Presentation Buzzing

Introduction on the Drugs and Prevention of Illicit Traffic in Drugs Act.

3

30 minutes

Presentation

The Section of the Act, 1995 that explain the handling of controlled medicines.

4

20 minutes

Presentation

Source of the Fund for Control of Drug and Prevention of Illicit Traffic.

5

30 minutes

Presentation

Sections which Prevention on Holding Illicitly Control of Drug/Medicine

6

15 minutes

Presentation

Key Points

7

5 minutes

Presentation

Evaluation

SESSION CONTENTS

STEP 1: Presentation of Session Title and Learning Tasks (5 minutes)

READ or ASK students to read the learning Tasks and clarify

ASK students if they have any questions before continuing.

Mention the section of the Act, 1995 that explain the handling of controlled medicines.

STEP 2: Introduction to the Drugs and Prevention of Illicit Traffic in Drugs Act.(15 minutes)

Activity: Buzzing (20 minutes)

ASK students to pair up and buzz on the following question for 2 minutes

What do you know about Drugs and Prevention of illicit drugs Act?

ALLOW few pairs to respond and let other pairs to add on points not mentioned

WRITE their response on the flip chart/board

CLARIFY and SUMMARIZE by using the content below

The drugs and prevention of illicit traffic, is an Act to consolidate the law relating to controlled drugs;

To make provision for the control and regulation of operations relating to controlled drugs and psychotropic substances;

And also to provide for the forfeiture of property derived from or used in illicit traffic in narcotic drugs and psychotropic substances;

To provide for the prevention of illicit traffic in narcotic drugs and psychotropic substances and to implement the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances.

STEP 3: Section of the Act, 1995 that Explains the Handling of Controlled Medicines. (30 minutes)

Section 78. Application of the Drugs and Prevention of Illicit Traffic in Drug Act.

Subsection (I) Without derogating the provisions of the Drugs and Prevention Of Illicit Traffic in Drugs Act, 1995, no person shall manufacture, pose unless he complies with the provisions of this Act

Subsection (2) The provisions of the Drugs and Prevention of Illicit Traffic in Drugs Act, 1995 in relation to offences and penalties shall apply mutatis mutandis to offences committed under this Act.

Subsection (3) The provisions of this Act, shall be in addition to and not in derogation of the Drugs and Prevention of Illicit Traffic in Drugs Act, 1995, or any other written laws having functions similar to those specified under this Act.

Subsection (4) Notwithstanding the provision of subsection (6), any person who contravenes or fails to comply with any provisions or regulation under this Act relating to the keeping of books or the issuing, or dispensing of Prescriptions containing controlled drugs to which this Act applies, commits an offence and shall upon conviction be liable to a fine of not less than fifty thousand shillings, or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.

STEP 4: Source of the Fund for Control of Drug/Medicine(30 minutes)

Section 11. – The fund for control of drug abuse

Sub (1) The Commission shall, by notice published in the Gazette, constitute a Fund to be known as the Fund for Control of Drug Abuse and there shall be credited thereto-

A sum of money allocated to the Fund by the Parliament;

The sale proceeds of any property forfeited under Part VI;

Any grants that may be made by any person or institution;

Any income from investment of the amounts credited to the

Fund under the provisions of this Act

Sub (2) The Fund shall be applied by the Commission to meet the expenditure incurred in connection with the measures taken for combating illicit traffic in or controlling abuse of narcotic drugs and psychotropic substances.

Sub (3) The Anti-Drug Commissioner shall advise the Commission in regard to the application of the Fund.

STEP 5: Sections which Prevention on Holding Illicitly Control of Drug/Medicine (30 minutes)

Section 47. Prohibition on holding illegally acquired property

Sub (1) No person shall hold any illegally acquired property either by himself or through any other person on his behalf.

Sub (2) where any person holds any illegally acquired property in contravention of the provisions of subsection (1), such property shall be forfeited to the Commission in accordance with Part IV of the Proceeds of Crime Act.

Sub (3) No property shall be forfeited under this Part if such property was acquired by a person to whom this Act applied before a period of three years from the date on which he was charged for an offence relating to illicit traffic.

Section 48. Commissioner to authorise investigation or survey

Sub (1) The Commission may authorise any officer to inquire, investigate or survey any person or group of persons as it may by order or direct and such officer shall on receipt of information that any person to whom this Part applies has been charged with any offence whether committed in the United Republic or outside proceed to take all steps necessary for tracing and identifying any property illegally acquired.

Sub (2) Where an officer conducting an inquiry or investigation under subsection (1) has reason to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed, transferred or dealt with in any manner which will result in frustrating any proceeding relating to forfeiture of such property under this Part, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned.

Sub (3) if any property referred to in subsection (4) is transferred by any mode, such transfer shall if the property is forfeited to the Commission be deemed to be void.

Sub (4) An officer making an investigation may call upon the person concerned within a period of thirty days to indicate the sources of his income, earnings or assets out of which or by means of which he has acquired such property and to show cause why all or any of such properties should not be declared illegally acquired and forfeited to the Commission.

Sub (5) if the person affected does not appear before the authorised officer to represent his case within the specified period, that officer may proceed to record a finding on the basis of evidence available before him.

Section 49. Burden of proof.

In any proceedings under this Part, the burden of proving that any property is not illegally acquired shall be on the person affected.

Section 50. Payment in lieu of forfeiture

Where an authorised officer declares that any property stands of being forfeited to the Commission and it is a case where the source of only a part of the illegally acquired property has not been proved to the satisfaction of the authorised officer, such officer shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a sum of money equal to the market value of such part.

Section 51. Appeals

Any person aggrieved by any decision of an authorised officer may within thirty days from the date of such decision appeal to the High Court.

Section 52. Power to take possession.

Subsection (1) where any property is declared forfeited by the Commission or the person affected fails to pay the amount of money in lieu of any part of the property to forfeited, the authorised officer may order the person affected or any other person who may be in possession of that property, to surrender or deliver possession thereof.

Subsection (2) any person who refuses or fails to comply with an order made under subsection (1) commits an offence and the Commission may take possession of the property and may for that purpose use such force as may be necessary.

Section 53. Arrangement regarding tracing, realisation, etc., of property.

Subsection (1) The Government of the United Republic may enter into an arrangement- (a)with the Government of any other realisation country and make provisions for the recovery and property handing over of possessions to the Government of the United Republic, of any property in respect of which forfeiture has been made and which is in that country or for tracing and preserving any property in that country owned by or under the control of any person who has, or is suspected to have committed an offence under this Act; or

(b)on a reciprocal basis with the Government of any other country in respect of the recovery and handing over of possession to the Government of that country of any property in the United Republic which is confiscated by or forfeited to the Commission of that country in consequence of the Commission by any person of an offence against a corresponding law of that country or for being and preserving any property in the United Republic owned by or under the control of any person who has, or is suspected to have, committed an offence against such corresponding law.

Subsection (2) nothing in subsection (1) of this section shall be construed as preventing the provision or obtaining of assistance in criminal matters otherwise than as provided in the Mutual Assistance in Criminal Matters Act.

Section 56. Power of Government to establish centres for identification treatment, etc., of addicts and for supply of narcotic drug.

Subsection (1) The Government may, in its discretion, establish as many centres as it thinks fit for identification, treatment, education, after-care, rehabilitation, social reintegration of addicts and for supply, subject to such conditions and in such manner as may be prescribed, by the Commission of any narcotic drugs and addicts psychotropic substances to the addicts registered with the Government and to others where such supply is a medical necessity.

Subsection (2) The Commission may make rules consistent with this Act providing for the establishment, appointment, maintenance, management and superintendence of, and for supply of narcotic drugs and psychotropic substances from the centres referred to in subsection (1)and for the appointment, training, powers duties and persons employed in such centres.

STEP 6: Key Points (5 minutes)

The drugs and prevention of illicit traffic, is an Act to consolidate the law relating to controlled drugs

Sources of fund for control of drug and prevention of illicit traffic include

A sum of money allocated to the Fund by the Parliament;

The sale proceeds of any property forfeited under Part VI;

Any grants that may be made by any person or institution;

Any income from investment of the amounts credited

STEP 7: Evaluation (5 minutes)

Which section of the Act, 1995 explain the handling of controlled medicines?

What are the sources of fund for controlling and prevention of illicit drugs traffic?

References

MSH and WHO (2012). Managing Access to Medicines and Health Technology, 3rd Edition. Kumarian Press

MoHSW (2003). Tanzania, Food, Drugs and Cosmetics Act, Government Printers Dar es Salaam

MoHSW (2011). Pharmacy Act, Government Printers Dar es Salaam

United Republic of Tanzania (1971) the drugs and prevention of illicit traffic in drugs act, Government Printers Dar es Salaam

United Republic of Tanzania (2011), Public Procurement Act, Dar es Salaam

MoHSW (2003), The National Health Policy, Government Printers Dar es Salaam

MoHSW (1991), The National Drug Policy, Government Printers Dar es Salaam

United Republic of Tanzania (1993).Medical Stores Department Act, 1993

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