Mauritius
Dangerous Drugs Act
Act 41 of 2000
- Commenced on 5 December 2001
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Dangerous Drugs Act.2. Interpretation
"ADSU" means the Anti-Drug and Smuggling Unit of the Police organised for the prevention and detection of offences in connection with dangerous drugs;"authorised person" means a medical practitioner, pharmacist, dental surgeon or veterinary surgeon, in the exercise of his profession;"Authority" means a body or person empowered to grant import and export authorisations and diversion certificates and, in relation to Mauritius, means the Permanent Secretary acting in accordance with sections 12, 13, 14 and 15;"bank" has the same meaning as in the Banking Act;"coca leaves" means the leaves of any plant of the genus erythroxy-laceae from which cocaine can be extracted directly or by chemical transformation;"Commissioner" means the Commissioner appointed under section 45 (8);"container" means any wrapper or receptacle;"controlled delivery" has the meaning assigned to it in section 55;"Conventions" means the United Nations 1961 Single Convention on Narcotic Drugs as amended by the Protocol of 1972 on Narcotic Drugs, 1971 Convention on Psychotropic Substances, and 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances;"corresponding law" means a law stated, in a certificate purporting to be issued by or on behalf of the Government of any country other than Mauritius, to be a law providing for the control and regulation in that country of the manufacture, sale, use, export and import of dangerous drugs in accordance with the Conventions;"cultivation" includes the entire process of supervising the growth of a plant, from preparation of the soil up to and including harvest;"dangerous drug" means—(a)any plant or part thereof or substance listed in the First, Second or Third Schedule;(b)the isomers of the listed drugs, unless specifically excepted, whenever the existence of such isomers is possible within the specific chemical designation;(c)the esters and ethers of the drugs listed in the First, Second or Third Schedule whenever their existence is possible;(d)the salts and esters of the drugs listed in the First, Second or Third Schedule including the salts of ethers and isomers whenever the existence of such salts is possible;(e)the preparations of these substances, other than those listed in the Fifth Schedule;"diversion certificate" means a certificate in the form prescribed, issued by the Authority;"drug offence" means an offence under this Act;"export" does not apply to a dangerous drug in transit in Mauritius;"export authorisation" means an authorisation issued by the Authority in a country from which a dangerous drug is exported;"family" in relation to a person, means—(a)a spouse, concubine or paramour of that person;(b)his legitimate, illegitimate, natural or adopted child;(c)a brother or sister of that person;(d)the lineal ascendant or descendant of that person; or(e)a brother, sister, concubine or paramour of the spouse of that person;"financial institution" means—(a)a bank, non-bank deposit taking institution, or cash dealer, licensed or required to be licensed under the Bank of Mauritius Act;(b)an institution, or a person, licensed or required to be licensed under the Insurance Act or the Securities Act;(c)a management company, or registered agent, licensed or required to be licensed under the Financial Services Act."gandia" means bhang, babzi, siddhi and all the parts of the plant known as Cannabis Sativa L or Cannabis indica but does not include hashish, charras or chiras;"Government store" means any place of storage approved by the Permanent Secretary;"hashish", "charras" or "chiras" means the resin obtained from the cannabis plant;"import" does not apply to a dangerous drug in transit in Mauritius;"Indian hemp" means the dried flowering or fruiting tops of the cannabis plant from which the resin has not been extracted;"Judge" means a Judge of the Supreme Court;"manufacture" means the entire process of producing a substance in consumable state, including extraction, refining and transformation by chemical reaction;"Minister" means the Minister to whom responsibility for the subject of health is assigned;"Permanent Secretary" means the Permanent Secretary of the Ministry or any officer of that Ministry to whom he has delegated any of his powers under this Act;"possessions"—(a)means property of any kind, nature or description, whether movable or immovable, tangible or intangible; and(b)includes—(i)any cash in a bank account or bank deposit, whether in a person's own name or in a fictitious name;(ii)any currency, whether or not the currency is legal tender in Mauritius, and any bill, security, bond, negotiable instrument or any instrument capable of being negotiated which is payable to bearer or endorsed payable to bearer, whether expressed in Mauritius currency or otherwise;(iii)any balance held in Mauritius currency or in any other currency in accounts with any bank which carries on business in Mauritius or elsewhere;(iv)any balance held in any currency with any bank outside Mauritius;(v)motor vehicles, ships, aircraft, boats, works of art, jewellery, precious metals or any other item of value; and(vi)any right or interest in property;"precursor" means any substance listed in the Fourth Schedule;"preparation" means—(a)a solution or mixture, in whatever physical state, containing a dangerous drug;(b)a dangerous drug in dosage form;"prescribed" means prescribed by regulations made under section 60;"prescription" means a prescription given by an authorised person for the supply of a dangerous drug for purposes of treatment given by him in the exercise of his profession;"production" includes manufacture, processing, testing, mixing, dilution, cutting, packing and labelling;"raw opium" means the spontaneously coagulated juice obtained from capsules of the Papaver Sommiferum L whatever its content of morphine, which has been submitted only to the manipulations necessary for packing and transport;"recipient" means a person to whom a dangerous drug is to be supplied.[S. 2 amended by s. 3 of Act 29 of 2003 w.e.f. 1 September 2003; s. 9 (a) of Act 14 of 2009 w.e.f. 30 July 2009; s. 9 of Act 20 of 2011 w.e.f. 16 July 2011.]3. Classification of dangerous drugs
4. Reference to Pharmacy Act
The substances listed in the Second and Third Schedules and their preparations shall be subject, in addition, to this Act, to the provisions of the Pharmacy Act to the extent that such provisions are consistent with those contained in this Act.Part II – Control of dangerous drugs
5. Cultivation
6. Prohibition of substances and preparations listed in First Schedule
Subject to section 7, no person shall at any time produce, manufacture, trade by wholesale or retail, distribute, transport, possess, supply, transfer (free or for payment), purchase, use, import, export or transit across Mauritius any of the plants, substances and preparations listed in the First Schedule.7. Medical or scientific research or teaching
8. Licensing of substances and preparations listed in Second and Third Schedules
9. Dangerous Drugs Tribunal
10. Limitation of stocks
11. Safety measures
Every person authorised under this Act to hold dangerous drugs shall take such safety measures as are necessary for the storage and transport of the drugs, in order to prevent theft or any other form of diversion or loss.12. Import and export
13. Drugs in transit
14. Interference with dangerous drugs in transit
No person shall—15. Diversion certificates
16. Free trade zones and free ports
Notwithstanding the provisions of any other enactment, all free ports and free trade zones shall be subject to the same control and supervision under the provisions of this Act as other parts of Mauritius.17. Supply of drugs to an authorised person
18. Prescription of drugs by an authorised person
19. Supply of drugs on prescription
20. Packaging and labelling
21. Possession of drugs
22. International carriers
The Minister may authorise ships, aircraft and other public transport conveyances registered in Mauritius and engaged in international travel to carry small quantities of medicines listed in the Second and Third Schedules within the limits required for the provision of first aid in emergency cases.23. Keeping of registers
24. Books of medical practitioner or pharmacist
25. Records
26. Retention of documents
Every document required to be obtained or kept under this Act shall be preserved—27. Provisions applicable to Fourth Schedule substances (precursors)
28. Inspection
Any person or establishment licensed under this Act shall be subject to inspections carried out, at least every 2 years, in accordance with the provisions of the Pharmacy Act.Part III – Offences
29. Penalty for unlawful activities
30. Drug dealing offences
31. Detention for drug dealing
32. ***
[S. 32 repealed by s. 5 of Act 30 of 2008 w.e.f. 20 February 2009.]33. Precursors, materials and equipments
Any person who unlawfully produces, manufactures, imports, exports, transports, offers, sells, distributes, delivers on any terms whatsoever, consigns, dispatches, purchases or offers to purchase or holds precursors, equipment or materials—34. Unlawful use of drugs
35. Offering or selling for personal consumption
36. Facilitating or permitting drug offences
Any person who unlawfully—37. Making false declaration
Any person who for the purposes of obtaining for himself or for any person the issue, grant or renewal under this Act of a permit, licence, certificate or authorisation or for any other purpose relevant to this Act—38. Incitement to drug offences and unlawful use
Any person who unlawfully—39. Money laundering
40. Driving while under influence of a dangerous drug
41. Aggravating circumstances
42. Giving false statements or false evidence
43. Exemption and mitigation of penalties
44. Additional penalties
A Court which convicts any person of an offence under section 40 may, in addition to any penalty prescribed by that section—45. ***
[S. 45 repealed by s. 65 (2) of Act 9 of 2011 w.e.f. 1 February 2012.]45A. ***
[S. 45A repealed by s. 65 (2) of Act 9 of 2011 w.e.f. 1 February 2012.]46. Burden of proof
Notwithstanding any other enactment, where in any proceedings for an offence under this Act, a question arises as to whether any person was or was not authorised to be in possession of any dangerous drug, the burden of proof that such a person was authorised to be in possession of such drug, shall lie on that person.47. Jurisdiction
48. Minimum penalty
Where a Court convicts a person of an offence under section 33, 35, 36, 38 or 39, it shall, notwithstanding the other provisions of this Act but subject to the maximum penalty specified in respect of any such offence, inflict a fine of not less than 10,000 rupees together with imprisonment for a term of not less than 12 months.[S. 48 amended by s. 15 of Act 30 of 2008 w.e.f. 20 February 2009.]49. Powers of entry and search
The Permanent Secretary, or any police officer not below the rank of Inspector of Police authorised by the Commissioner of Police, may, for the purposes of this Act—50. Issue of search warrant and presumptions
51. Powers of seizure
52. Unlawful consignment by post
53. Body and luggage searches
54. Drugs concealed in body
55. Controlled delivery
56. Powers of investigation
57. Arrest without warrant and detention
Any police, forest or customs officer may, without warrant, arrest any person who has committed or attempted to commit, or is reasonably suspected by any such officer of having committed or attempted to commit, an offence under this Act, where that officer has reasonable grounds for believing that the person will abscond unless arrested or where the name and address of that person are unknown and cannot be readily ascertained.58. Conservation and sample-taking
59. Admissibility of certain evidence
Notwithstanding any other enactment, it shall be competent for any police officer who is or has recently been attached for duty to ADSU to give evidence in any Court upon a prosecution for an offence under this Act as to the street value in Mauritius of any dangerous drug and as to the demand for, availability of and other circumstances pertaining to its sale and distribution and the Court may, if it thinks fit, act upon that evidence.Part IV – Miscellaneous
60. Regulations
61. ***
62. ***
63. ***
History of this document
30 June 2017 this version
Consolidation
05 December 2001
Commenced