Drugs and Prevention of Illicit Drugs Traffic Act, 1997 on controlled substances
Session 11: Drugs and Prevention of Illicit Drugs Traffic Act, 1997 on controlled substances
Total Session Time: 120 minutes
Prerequisites
None
Learning Tasks
By the end of this session students are expected to be able to:
Give overview of this Act, 1997
Describe a Trafficking of controlled substances
Mention section which prohibit possession and trafficking of narcotic drugs and psychotropic substances and cultivation of certain plants
Explain the sections which prohibit possession and trafficking of narcotic drugs and psychotropic substances and cultivation of certain plants
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
Overview of this Act, 1997
3
10 minutes
Buzzing
Presentation
Trafficking of Controlled Substances
4
30 minutes
Presentation
Section which Prohibit Possession and Trafficking of Narcotic Drugs and Psychotropic Substances and Cultivation of Certain Plants
5
50 minutes
Presentation
Explanations of the Sections which Prohibit Possession and Trafficking of Narcotic Drugs and Psychotropic Substances and Cultivation of Certain Plants
6
5 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.
STEP 2: Overview of this Act, 1997 (15 minutes)
An Act to consolidate the law relating to narcotic drugs; to make provision for the control and regulation of operations relating to narcotic drugs and psychotropic substances; 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: Trafficking of Controlled Substances (10 minutes)
Activity: Buzzing (20 minutes)
ASK students to pair up and buzz on the following question for 2 minutes
What is trafficking?
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
"Trafficking" means the importation, exportation, manufacture, buying, sale, giving, supplying, storing, administering, conveyance, delivery or distribution, by any person of narcotic drug or psychotropic substance any substance represented or held out by that person to be a narcotic drug or psychotropic substance or making of any offer but does not include-
the importation or exportation of any narcotic drugs or psychotropic substance or the making of any offer by or on behalf of any person who holds a licence under this act in accordance with the licence;
the manufacture, buying, sale, giving, supplying, administering, conveying, delivery or distribution of any narcotic drug or psychotropic substance or the making of any offer by or on behalf of any person who has a licence under this Act;
the selling or supplying or administering for medical purposes, and in accordance with the provisions of this Act, or the making of any offer by a medical practitioner or veterinary surgeon or dentist or by any other person qualified to do so on the instructions of the medical practitioner, veterinary surgeon or dentist;
the selling or supplying in accordance with the provisions of this Act of any narcotic drugs or psychotropic substance by a registered pharmacist;
"Use" in relation to narcotic drugs and psychotropic substances, means any substance specified in the Schedule or anything which contains any substance specified in that Schedule.
STEP 4: Sections which Prohibit Possession and Trafficking of Narcotic Drugs and Psychotropic Substances and Cultivation of Certain Plants. (30 minutes)
The following are the section which prohibition of possession and trafficking of narcotic drugs and psychotropic substances and cultivation of certain plants.
Section 12 – Prohibition of cultivation of certain plants and substances.
Section 13 – Power of the Commission to permit, control and regulate the cultivation, production or sale, etc., of opium, coca leaves, etc.
Section 14 – Narcotic drugs and psychotropic substances not to be subject to distress or attachment.
Section 15 – Restrictions on dealings in narcotic drugs and psychotropic substances.
Section 16 – Penalty for possession, purchase, manufacture, etc., of narcotic drugs, etc.
Section 17 – Penalty in respect of possession, use of small quantity of narcotic drugs and psychotropic substances.
Section 18 – Penalty in contravention of section 17.
Section 29 – Release of certain addicts for the purpose of undergoing treatment.
Section 44 – Presumption as to document in certain cases
Section 56 – Power of the Government to establish centres for identification treatment, etc., of addicts and for supply of narcotic drugs.
Section 62 – Application of the Pharmaceutical and Poisons Act barred
STEP 5: Explanations of the Sections which Prohibit Possession and Trafficking of Narcotic Drugs and Psychotropic Substances and Cultivation of Certain Plants. (50 minutes)
Section 12 – Prohibition of cultivation of certain plants and substances.
Any person who-
cultivates any cannabis, coca plant or gathers any portion of coca plant; cultivates papaver somniferous (opium poppy)
or papaver setigerum;
being the owner, occupier or concerned in the management of any premises, permits the premises to be used for cultivation, gathering or production of any drugs referred to in paragraphs (a) and (b);
produces, possesses, transports, imports into the United Republic sells, purchases, uses or does any act or omits to do anything in respect of poppy straw, cocaplants, coca leaves, prepared opium, opium poppy, cannabis, manufactured drug or any preparation containing any manufactured drug, psychotropic substance, narcotic drug, such act or omission amounting to contravention of the provisions of this Act or rule or order made under this Act, commits an offence and upon conviction is liable to a fine of one million shillings or three times the market value of the prohibited plant, whichever is the greater, or to imprisonment for a term not exceeding twenty years or to both the fine and imprisonment
Section 13 – Power of the Commission to permit, control and regulate the cultivation, production or sale, etc., of opium, coca leaves, etc.
Subsection (1) Subject to the provisions of section 12, the Commission may by regulations-
Permit and regulate-
the cultivation, or gathering of any portion (such cultivation or gathering only on account of the Government) of coca plant, production, possession, sale, purchase, transport, import into the United Republic, use or consumption of coca leaves; or
the cultivation (such cultivation being only on account of the Government) of opium poppy; or
the production and manufacture of opium and production of poppy straw; or the sale of opium and opium derivatives from Government factories for export from the United
Republic or to manufacturing chemists; or
the manufacture of manufactured drugs (other than prepared opium) but not including manufacture of medicinal opium or any preparation containing any manufactured drugs from materials which the maker is lawfully entitled to possess; or
the manufacture, possession, transport, sale, purchase, consumption or use of psychotropic substances; or
the import into the United Republic and transhipment of narcotic drugs and psychotropic substances;
Prescribe any other matter requisite to render effective the control by the Government over any of the matters specified in paragraph (a) above.
Subsection (2) Without prejudice to the generality of the power conferred by subsection (1), an order made by the Commission may provide for regulating by licensing, permits or otherwise the production, manufacture, possession, transport, import into and export from the United Republic, sale, purchase, consumption, use, storage, distribution, disposal or acquisition of any narcotic drug or psychotropic substances.
Section 14 – Narcotic drugs and psychotropic substances not to be subject to distress or attachment.
Notwithstanding anything to the contrary contained in any law or contract, no narcotic drug, drug, psychotropic substance or prohibited plant, shall be liable to be distrained or attached by any person for the recovery of any money under any order of any court or authority or otherwise.
Section 15 – Restrictions on dealings in narcotic drugs and psychotropic substances.
No person in the United Republic shall engage in or control any trade whereby narcotic drugs or psychotropic substances are obtained outside the United Republic or supplied to any person outside the United Republic except with the prior permission or authorisation of the Commission and subject to such condition as may be imposed by the Commission.
Section 16 – Penalty for possession, purchase, manufacture, etc., of narcotic drugs, etc.
Subsection (1) any person who-
Has in possession or does any act or omits to do any act or thing in respect of narcotic drugs or any preparation containing any manufactured drugs commits an offence and upon conviction is liable to a fine of ten million shillings or three times the market value of the narcotic drugs or any preparation containing such manufactured drug or whichever is greater or to an imprisonment for life or to both the fine and imprisonment;
traffics in any narcotic drug or psychotropic substance or any substance represented or held out by him to be a narcotic drug or psychotropic substance commits an offence and upon conviction is liable-
in respect of any narcotic drug or psychotropic substance to a fine of ten million shillings or three times the market value of the narcotic drug or psychotropic substance, whichever is the greater, and in addition to imprisonment for life but shall not in every case be less than twenty years;
in respect of any other substances, other than a narcotic drug or psychotropic substance which he represents or holds to be narcotic drugs or psychotropic substances to a fine of not less than one million shillings and in addition to imprisonment for life but shall not in every case be less than twenty years.
Subsection (2) Any person who-
smokes, inhales, sniffs or otherwise uses any narcotic drug or psychotropic substances;
without lawful and reasonable excuse, is found in any house, room or place for the purposes of smoking, inhaling, sniffing or otherwise using any narcotic drug or psychotropic substances;
being the owner or occupier or concerned in the management of any premises, enclosure or conveyance, permits it to be used for the purpose of-
the preparation of opium for smoking or sale or the smoking, inhaling, sniffing or otherwise using any narcotic drug or psychotropic substances; or
the manufacture, production, sale or the smoking, inhaling, sniffing or otherwise using any narcotic drug or psychotropic substances; or
has in his possession any pipe or other utensil for use in connection with the smoking, inhaling, sniffing or otherwise using opium, cannabis, heroin or cocaine or any utensil for use in connection with the smoking, inhaling, sniffing or otherwise using of opium, cannabis, heroin or cocaine or any utensil used in connection with the preparation of opium or any other narcotic drug or psychotropic substance for smoking, commits an offence and upon conviction is liable to a fine of one million shillings or imprisonment for a term of ten years or to both the fine and imprisonment.
Section 17 – Penalty in respect of possession, use of small quantity of narcotic drugs and psychotropic substances.
Subsection (1) Any person who in contravention of any provision of this Act, or any rule or order made or permit issued under this Act, possesses in a small quantity, any narcotic drug or psychotropic substance, which is proved to have been intended for his personal consumption and not for sale or distribution, or consumes any narcotic drug or psychotropic substance, shall notwithstanding anything contained in this Part, be liable
if the narcotic drug or psychotropic substance possessed or consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may by notice published in the Gazette be specified by the Commission, to a fine of three hundred thousand shillings, or to imprisonment for a term of ten years or to both that fine and imprisonment;
if the narcotic drug or psychotropic substance possessed or consumed is other than those specified in under paragraph (a), to a fine of two hundred thousand shillings or to imprisonment for a term of seven years or to both that fine and imprisonment.
Subsection (2) Subject to subsection (1), “small quantity” for the purpose of this Section means any quantity which may by regulation published in the Gazette be specified by the Commission.
Section 18 – Penalty in contravention of section 17.
Any person who
administers a narcotic drug or psychotropic substance or causes or permits it to be administered except where an authorised person or a medical practitioner or dentist acting in his professional capacity and in accordance with the prevailing norms and standards or professional practice, authorised; or
adds a narcotic drug or psychotropic substance to a food or drink without the knowledge of the consumer; or
sells, supplies or acquires a narcotic drug or psychotropic substance on presentation of prescription knowing or having reasons to believe that the prescription is forged, unlawfully obtained or acquired or was issued more than six months before presentation, commits an offence and upon conviction is liable to a fine of five million shillings or to imprisonment for a term of thirty years or to both that fine and imprisonment.
Section 29 – Release of certain addicts for the purpose of undergoing treatment.
Subsection (1) Where any addict is found guilty of an offence under section 19 and the court by which he is found guilty is of the opinion, for the regard being had to age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do, then notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for detoxification or de-addiction from a hospital or an institution maintained or recognised by the Government and on his entering into a bond in the form prescribed by the Commission, with or without sureties, direct him to appear and furnish before the court within a period not exceeding three months, a report regarding the result of his medical treatment, and, in the meantime, to abstain from commission of any offence under this Part.
Subsection (2) where the offender fails to comply with the condition for abstaining from commission of an offence after such an offender has been released by the court to undergo medical treatment in accordance with subsection (1), the court may order the offender to appear before the court to receive sentence.
Section 44 – Presumption as to document in certain cases
Where any document
is produced or furnished by any person or has been seized from the custody or control of any person under this Act, or under any other law; or
has been received from any place outside the United Republic, and is duly authenticated by such authority or person and in such manner as may be prescribed by the Commission, in the course of investigation of any offence under this Act, if such document is tendered in any prosecution under this Act, in evidence against him or against any other person who is tried jointly with him, the court shall-
admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence;
In a case falling under paragraph (a) also presume, unless the contrary is proved, the truth of the contents of such document.
Section 56 – Power of the Government to establish centres for identification treatment, etc., of addicts and for supply of narcotic drugs.
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)
Drug trafficking is a global illicit trade involving the cultivation, manufacture, distribution and sale of substances which are subject to drug prohibition laws
STEP 7: Evaluation (5 minutes)
What does trafficking of controlled substances mean?
Which sections which prohibit possession and trafficking of narcotic drugs and psychotropic substances?
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
Medical Stores Department Act, 1993
Olson, J. A. (1999). Pocket Book of Ophthalmology. British Journal of Ophthalmology, 83(2), 252c-252c. doi:10.1136/bjo.83.2.252c
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