Revised Laws of Saint Lucia (2021)

Schedule 4

(Sections 2, 15, 16, 18)

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   1.   The International Opium Convention [i.e., The Hague Convention] signed at the Hague on 23 January 1912.

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   2.   The International Opium Convention [i.e., The Geneva Convention (No. 1)] signed at Geneva on 19 February 1925.

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   3.   The International Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs [i.e., The Geneva Convention (No. 2)] signed at Geneva on 13 July 1931.

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   4.   The Protocol on Narcotic Drugs signed at Lake Success, New York, on 11 December 1946.

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   5.   The Single Convention on Narcotic Drugs signed at New York on 30 March 1961.

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   6.   The Convention on Psychotropic Substances signed at Vienna on 21 February 1971.

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   7.   The Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances signed at Vienna on 16 December 1988.

CHAPTER 3.02
DRUGS (PREVENTION OF MISUSE) ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Dangerous Drugs (Cocaine, Morphine, etc.) Regulations – Sections 45 and 21

(Statutory Instrument 35/1940)

Statutory Instrument 35/1940 .. in force 13 April 1940

ARRANGEMENT OF REGULATIONS

DANGEROUS DRUGS (COCAINE, MORPHINE, ETC.) REGULATIONS – SECTIONS 45 AND 21

Commencement [13 April 1940]

1.   Citation

These Regulations may be cited as the Dangerous Drugs (Cocaine, Morphine, etc.) Regulations.

2.   Interpretation

Unless the context otherwise requires, any reference in these Regulations to “the Act” shall be construed as a reference to the Dangerous Drugs Act, 1938.^{Editor's note: These Regulations are made under the Dangerous Drugs Act, 1938. This Act was repealed by the Drugs (Prevention of Misuse) Act, but these Regulations were continued in force by section 50.}

3.   Application

The drugs to which these Regulations apply are—

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   (a)   morphine, cocaine, (including synthetic cocaine), ecgonine, diacetylmorphine (commonly known as diamorphine or heroin) and their respective salts, medicinal opium, and any extract or tincture of Indian hemp, and any preparation, admixture, extract or other substance containing any proportion of diacetylmorphine or of the other esters of morphine, and any preparation, admixture, extract or other substance containing any proportion of ecgonine or of the esters of ecgonine; for the purpose of the foregoing provision the expression “ecgonine” means laevo-ecgonine and includes any derivatives of ecgonine from which it may be recovered industrially, and the percentage in the case of morphine shall be calculated as in respect of anhydrous morphine;

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   (b)   dihydrohydroxycodeinone, dihydrocodeinone, dihydro-morphinone, acetyldihydrocodeinone, dihydromorphine, their esters and the salts of any of these substances and of their esters morphine-N-oxide (commonly known as genomorphine), the morphine-N-oxide derivatives, and any other pentavalent nitrogen morphine derivatives;

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   (c)   thebaine and its salts, and benzylmorphine and the other esters of morphine and their respective salts;

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   (d)   any preparation, admixture, extract or other substance containing any proportion of any of the substances mentioned in the above paragraphs (b) or (c).

4.   Manufacture

A person shall not manufacture or carry on any process in the manufacture of morphine, cocaine, ecgonine or diacetylmorphine, or their respective salts, or medicinal opium or any extract or tincture of Indian hemp—

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   (a)   unless he or she is licensed by the Governor General or is authorised by these Regulations or by any authority granted by the Governor General to do so;

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   (b)   except on premises licensed for the purpose by the Governor General;

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   (c)   otherwise than in accordance with the terms and conditions of such licence or authority.

5.   Sale and distribution

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   (1)   A person shall not supply or procure or offer to supply or procure any of the drugs to or for any person whether in Saint Lucia or elsewhere or shall advertise any of the drugs for sale—

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      (a)     unless he or she is licensed by the Governor General or is authorised by these Regulations or by any authority granted by the Governor General to supply the drug or unless he or she is licensed by the Governor General to import or export the drug or unless he or she is licensed or otherwise authorised to manufacture the drug or (but so far only as regards procuring the drug) unless he or she is licensed to procure the drug; or

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      (b)     otherwise than in accordance with the terms and conditions of such licence or authority.

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   (2)   Except when the drugs are lawfully dispensed in pursuance of a prescription given by a medical practitioner, dentist or veterinary surgeon, or are supplied by a medical practitioner or veterinary surgeon who dispenses his or her own medicines, in accordance with the conditions hereinafter specified, a person shall not supply or procure or offer to supply or procure any of the drugs to or for any person in Saint Lucia who is not licensed or otherwise authorised to be in possession of the drug, nor to any person so licensed or authorised except in accordance with the terms and conditions of such licence or authority.

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   However, administration of the drugs by or under the direct personal supervision and in the presence of a medical practitioner, or by or under the direct personal supervision and in the presence of a dentist in dental treatment, or by or under the direct personal supervision and in the presence of a veterinary surgeon in the treatment of any animal, shall not be deemed to be supplying the drug within the meaning of this and the following Regulations.

6.   Conditions as to the giving of prescriptions

A prescription for the supply of the drugs must comply with the following conditions—

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   (a)     the prescription must be in writing, must be dated and signed by the medical practitioner, dentist or veterinary surgeon as the case may be, with his or her usual signature and address, and must specify the name and address of the person for whose use the prescription is given, and the total amount of the morphine, cocaine, ecgonine or diamorphine or salt thereof, to be supplied on the prescription, except that in the case of a preparation which is contained in the British Pharmacopoeia and which is not combined with any other preparation or any of the drugs not so contained, it shall be sufficient to state the total amount of the preparation to be supplied. The prescription shall not be given for the use of the prescriber himself or herself;

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   (b)     a prescription shall only be given by a medical practitioner when required for purposes of medical treatment;

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   (c)     a prescription shall only be given by a dentist for the purposes of dental treatment and shall be marked “For local dental treatment only;”

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   (d)     a prescription shall only be given by a veterinary surgeon for the purposes of treatment of animals and shall be marked “For animal treatment only;”

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   (e)     a medical practitioner, dentist or veterinary surgeon shall not give any prescription for the supply of any of the drugs otherwise than in accordance with the foregoing conditions;

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   (f)     a medical practitioner who dispenses any medicines to which these Regulations apply shall enter particulars thereof in his or her day book or in the register hereinafter specified.

7.   Official form

The Governor General may by order prescribe and issue a form hereinafter referred to as the “Official Form” for use in giving prescriptions for the drugs, and in that case a prescription for any of the drugs shall only be given on an official form. However, in a case of emergency when the person giving the prescription has not the official form available, the prescription may be given without using the official form, but in that case, shall be marked with the words “Official form not available” or similar words.

8.   Conditions as to the dispensing of prescriptions

The following conditions shall be observed by persons dispensing prescriptions for the drugs—

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   (a)     if an official form is prescribed and issued by the Governor General under the foregoing regulation, a prescription for any of the drugs shall only be dispensed if the prescription is on one of those forms, or in the case of an emergency prescription given under the conditions specified in the foregoing regulation, if the person dispensing the prescription is acquainted with the signature of the medical practitioner, dentist, or veterinary surgeon by whom the prescription purports to be given, or is acquainted with the person for whose use the prescription is given and has no reason to suppose that the prescription is not genuine; if an official form is not prescribed, a prescription for any of the drugs shall only be dispensed if either—

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      (i)     the person dispensing the prescription is acquainted with the signature of the medical practitioner, dentist, or veterinary surgeon by whom the prescription purports to 'be given and has no reason to suppose the prescription is not genuine, or

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      (ii)      the person dispensing the prescription has taken reasonably sufficient steps to satisfy himself or herself that the prescription is genuine;

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   (b)     the drugs shall not be supplied more than once on the same prescription. However, if the prescription so directs, the drugs may be supplied on more than one but not exceeding three occasions as directed in the prescription, at intervals to be specified in the prescription;

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   (c)     the prescription shall be marked with the date on which it is dispensed, and shall be retained by the person, firm or body corporate by whom the prescription is dispensed, and shall be kept on the premises where it is dispensed and shall be available for inspection.

9.   Possession

A person shall not be in possession of or attempt to obtain possession of any of the drugs unless—

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   (a)     he or she is licensed to import or export the drug; or

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   (b)     he or she is licensed or otherwise authorised to manufacture or supply the drug; or

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   (c)     he or she is otherwise licensed by the Governor General or authorised by these Regulations or by any authority granted by the Governor General to be in possession of the drug; or

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   (d)     he or she proves that the drug was supplied for his or her use by a medical practitioner or veterinary surgeon or on and in accordance with such a prescription as aforesaid.

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   However, this provision shall not apply to any drug supplied to a person for his or her use by a medical practitioner or in accordance with a prescription if that person was at the time of the supply in course of receiving treatment from another medical practitioner in respect of addition to any of the drugs or otherwise, and of being supplied with any of the drugs by or on a prescription given by that last-mentioned practitioner, and did not disclose that fact to the first-mentioned practitioner before the drug was supplied to him or her.

10.   Marking of packages or bottles

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   (1)   A person shall not supply any morphine, cocaine, ecgonine, diacetylmorphine or their respective salts or any medicinal opium or any extract or tincture of Indian hemp unless the package or bottle containing it is plainly marked with the amount of the drug in the package or bottle.

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   (2)   A person shall not supply any preparation, admixture, extract, or other substance containing any of these last-mentioned drugs and coming within these Regulations unless the package or bottle is plainly marked—

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      (a)     in the case of a powder, solution, or ointment, with the total amount thereof in the package or bottle and the percentage of the drug in the powder, solution, or ointment;

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      (b)     in the case of tablets or other articles with the amount the drug in each article and the number of articles in the package or bottle.

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   (3)   This regulation shall not apply to any preparation dispensed by a medical practitioner or on the prescription of a medical practitioner.

11.   Records

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   (1)   A person who supplies any of the drugs shall comply with the following provisions—

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      (a)     he or she 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 or her and all dealings in the drug effected by him or her (including sales or supplies to persons outside Saint Lucia) in the form and containing the particulars shown in Schedule 1 to these Regulations;

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      (b)     separate registers or separate parts of the register shall be used for—

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         (i)     cocaine and ecgonine and substances containing them,

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         (ii)      morphine and substances containing it,

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         (iii)      diacetylmorphine and substances containing it,

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         (iv)      medicinal opium,

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         (v)      extract or tincture of Indian hemp,

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         (vi)      dihydro-hydroxycodeinone (commonly known as eucodal), and preparations containing dihydrohydroxycodeinone,

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         (vii)      dihydrocodeinone (commonly known as dicodide), and preparations containing dihydrocodeinone,

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         (viii)     dihydromorphinone (commonly known as dilau-dide) and preparations containing dihydro-morphinone.

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      However, with the approval of the Governor General separate registers may be kept for separate departments of a business; and

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      (c)     he or she shall make the entry with respect to any of the drugs purchased or otherwise obtained by him or her on the day on which the drug is received, and with respect to any sale or supply by him or her 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;

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      (d)     where he or she carries on business at more than one set of premises he or she shall keep a separate register or registers in respect of each set of premises;

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      (e)     he or she 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 the Dangerous Drugs Act, 1938;

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      (f)     he or she 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 and dated;

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      (g)     he or she shall furnish to the Governor General or to any person authorised by any order of the Governor General for the purpose all information in regard to any purchases by him or her of the drugs, and all transactions effected by him or her in the drugs as may be required by the Governor General for the purpose of seeing that the provisions of the Act are observed.

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   (2)   A medical practitioner who records in a day book particulars of any of the drugs supplied by him or her 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 this regulation of drugs sold or supplied by him or her, 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 day book of any supply of the drug. A person lawfully keeping open shop for the retailing of poisons in accordance with the provisions of the Medical Registration Act may in lieu of keeping the register required by this regulation of drugs sold or supplied by him or her enter separately for each of the drugs in a book to be kept for the purpose references under the appropriate dates to the entries “Poisons Book” or “Prescription Book” kept by him or her in pursuance of the said Medical Registration Act relating to any supply of the drugs. However, all such books shall at all times be available for inspection in accordance with the provisions of the Act.

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   (3)   A medical practitioner, dentist and veterinary surgeon shall enter or cause to be entered in a register kept for the sole purpose in respect of each such supply of each of the drugs purchased or otherwise obtained by him or her the particulars shown at (a) in Schedule 1.

12.   Annual returns

A person authorised to be in possession of any drug to which these Regulations apply shall render to the Chief Medical Officer an annual return within one month after the end of each year showing the quantity of such dangerous drug in his or her possession during the previous year. The return shall be made in the form in Schedule 2.

13.   Supplies

A person who may require a supply of any such dangerous drugs during the course of any year, shall forward to the Chief Medical Officer not later than 30 June in the preceding year, an estimate of the amount of each drug which he or she is likely to require during the following year. The estimate shall be given in the form in Schedule 3.

14.   Authorisation to manufacture, etc.

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   (1)   A person lawfully keeping open shop for the retailing of poisons in accordance with the provisions of the Medical Registration Act is hereby authorised—

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      (a)     to manufacture at the shop in the ordinary course of his or her retail business any preparation, admixture or extract of any of the drugs;

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      (b)     to carry on at the shop the business of retailing, dispensing or compounding the drugs, but subject always to the provisions of these Regulations.

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   (2)   In the event of any such person being convicted of an offence against the Act or of an offence under the enactments relating to the Customs as applied by the Act the Governor General may by notice in the Gazette withdraw the authorisation aforesaid, if, in the opinion of the Governor General, such person cannot properly be allowed to carry on the business of manufacturing or selling or distributing as the case may be, any such drug. However, the Governor General shall, before withdrawing the authorisation in the case of any such person, consult the Medical Board.

15.   Authorisation to supply, etc.

Any medical practitioner, or any dentist, or any veterinary surgeon or any person employed or engaged in dispensing medicines at any public hospital or other public institution, being a person duly registered under the Medical Registration Act or any person in charge of a laboratory for the purposes of research or instruction attached to any college, public hospital or other institution approved by the Governor General for the purpose, is hereby authorised so far as is necessary for the practice of his or her profession or employment in such capacity to be in possession of and supply the drugs.

16.   Withdrawal of authorisations

In the event of any person authorised by these Regulations or by any authority granted by the Governor General to manufacture, supply, or be in possession of the drugs, or any of them, being convicted of any offence against the Act or of an offence under the enactments relating to the Customs as applied by the Act, the Governor General may by notice in the Gazette withdraw the authorisation in respect of such person, if, in the opinion of the Governor General, such person cannot properly be allowed to manufacture, supply, or be in possession of any such drug.

17.   Delivery to messengers

A person shall not deliver any of the drugs to any person not licensed or otherwise authorised to be in possession of the drugs 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 or her behalf and unless the person supplying the drug is satisfied that the authority is genuine. This regulation shall not be deemed to apply to medicines dispensed in pursuance of the foregoing Regulations.

18.   Meaning of “possession”

Any of the drugs in the order or disposition of any person shall be deemed to be in his or her possession.

19.   Master of ship may be deemed to be authorised

In the case of a ship not carrying as part of her complement a duly qualified medical practitioner, the master of the ship shall be deemed to be a person authorised to be in possession of the drugs so far as is necessary to comply with the requirements of the Merchant Shipping Acts of the United Kingdom, and it shall also be lawful for him or her, subject to any conditions prescribed by the Secretary of State, to administer and supply the drugs to any member of the crew in accordance with instructions prepared or sanctioned by the Board of Trade. The keeping of a record of the use of the drugs in the official log in accordance with the provisions of the Merchant Shipping Acts of the United Kingdom, shall be deemed to be in compliance with the requirements of these Regulations as to the keeping of records.

20.   Hospitals

The Governor General may exempt from the operation of these Regulations any hospital or other public institution subject to the observance of such conditions as he or she may by order prescribe.

21.   Preparations exempted from the regulations

These Regulations shall not apply in respect of the preparations named in Schedule 4 to these Regulations nor to any of the drugs when denatured in a manner approved by the Governor General. The Governor General may by order published in the Gazette add any other preparation to the Schedule or remove any preparation from the Schedule.

22.   Diversion of drugs in transit

If any consignment of the drugs to some destination outside Saint Lucia is brought into any port of Saint Lucia, a person shall not, without the licence of the Governor General, divert, or cause or procure to be diverted, such consignment to any destination other than the destination to which it was originally consigned. The destination to which the consignment was originally consigned shall be deemed to be the destination stated in the licence, permit or other authority for the export of the consignment granted by the Government of the country of export.

23.   Preservation of prescriptions

Prescriptions, records, registers, or other documents required to be retained or kept under these Regulations or of any order made under these Regulations shall be preserved for not less than 2 years from the date of the prescription or document or the last entry in the record or register, as the case may be.

Schedule 1

(Regulation 11)

Schedule 2

(Regulation 12)

Schedule 3

(Regulation 13)

Schedule 4

(Regulation 21)

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   Cereoli Iodoformi et Morphinae, B.P.C.

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   Emp. Opii, B.P., 1898.

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   Lin. Opii, B.P.

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   " Opii Ammon, B.P.C.

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   Pasta Arsenicalis, B.P.C.

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   Pil. Hydrarg. c. Opio, B.P.C.

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   " Ipecac. c. Scilla, B.P.

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   " Plumbi c. Opio, B.P.

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   " Digitalis et Opii Co. B.P.C.

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   " Hydrarg. c. Cret. et Opii, B.P.C.

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   Pulv. Cretae Aromat, c. Opio, B.P.C.

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   " Ipecac Co., B.P. (Dover's Powder).

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   " Kino Co., B.P.

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   Suppos. Plumbi c. Opio, B.P.C.

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   Tablettae Plumbi c. Opio, B.P.C.

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   Ung. Gallae c. Opio, B.P. (Gall and Opium Ointment).

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   " Gallae Co., B.P.C.

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   Tinct. Camph. Comp., B.P.

Dangerous Drugs (Raw Opium and Cocoa Leaves) Regulations – Sections 21 and 45

(Statutory Instrument 36/1940)

Statutory Instrument 36/1940 .. in force 13 April 1940

ARRANGEMENT OF REGULATIONS

DANGEROUS DRUGS (RAW OPIUM AND COCA LEAVES) REGULATIONS – SECTION 21 AND 45

Commencement [13 April 1940]

1.   Citation

These Regulations may be cited as the Dangerous Drugs (Raw Opium and Coca Leaves) Regulations.

2.   Interpretation

Unless the context otherwise requires, any reference in these Regulations to “the Act” shall be construed as a reference to the Dangerous Drugs Act, 1938.Editor's note: These Regulations are made under the Dangerous Drugs Act, 1938. This Act was repealed by the Drugs (Prevention of Misuse) Act, but these Regulations were continued in force by section 50.

3.   Application

The drugs to which these Regulations apply are raw opium and coca leaves.

4.   Sale and distribution

Except under and in accordance with a licence granted by the Governor General a person shall not, whether on his or her own behalf or on behalf of any other person, buy or sell, or supply or procure, or offer to supply or procure, or advertise for sale, or otherwise deal in or offer to deal in any of the drugs to which these Regulations apply, whether such drugs be in Saint Lucia or elsewhere and whether it be ascertained or appropriated or in existence or not.

5.   Possession

A person shall not be in possession of or attempt to obtain possession of any of the drugs to which these Regulations apply unless—

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   (a)     he or she is licensed to import or export the drug; or

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   (b)     he or she is licensed or otherwise authorised to supply the drug; or

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   (c)     he or she is otherwise licensed by the Governor General or authorised by these Regulations or by any authority granted by the Governor General to be in possession of the drug.

6.   Records

A person who supplies any of the drugs to which these Regulations apply shall comply with the following provisions—

1.  

   (a)     he or she shall enter or cause to be entered in a register kept for the sole purpose all supplies of the drugs purchased or otherwise obtained by him or her, and all dealings in the drug effected by him or her (including sales or supplies to persons outside Saint Lucia) in the form and containing the particulars shown in Schedule 1 to these Regulations;

1.  

   (b)     he or she shall make the entry with respect to any of the drugs purchased or otherwise obtained by him or her on the day on which it is received and with respect to any sale or supply by him or her 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;

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   (c)     where he or she carries on business at more than one set of premises he or she shall keep a separate register in respect of each set of premises;

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   (d)     he or she shall keep the register 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 the Act; and

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   (e)     he or she 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 and dated.

7.   Annual returns

A person authorised to be in possession of any drug to which these Regulations apply shall render to the Chief Medical Officer an annual return within one month after the end of each year showing the quantity of such dangerous drug in his or her possession during the previous year. The return shall be made in the form in Schedule 2 to these Regulations.

8.   Supplies

Any person who may require a supply of any such dangerous drugs during the course of any year, shall forward to the Chief Medical Officer not later than 30 June in the preceding year, an estimate of the amount of each drug which he or she is likely to require during the following year. The estimate shall be given in the form in Schedule 3 to these Regulations.

9.   General Authorisations

A medical practitioner, or any person lawfully keeping open shop for the retailing of poisons in accordance with the provisions of the Medical Registration Act or any person employed or engaged in dispensing medicines at any public hospital or other public institution, being a person duly registered under the said Act, or any veterinary surgeon or any person in charge of a laboratory for purposes of research or instruction attached to any college, public hospital or other institution approved by the Governor General for the purpose, or any other public officer, is hereby authorised so far as is necessary for the practice of his or her profession or employment in such capacity to be in possession and supply the drugs to which these Regulations apply, but subject always to the provisions of the foregoing regulation.

10.   Withdrawal of authorisations

In the event of any person authorised by these Regulations or by any authority granted by the Governor General to be in possession of the drugs to which these Regulations apply, or any of them, being convicted of an offence against the Act or an offence under the enactments relating to the Customs as applied by the Act the Governor General may by notice in the Gazette withdraw the authorisation aforesaid in respect of such person if in the opinion of the Governor General such person cannot properly be allowed to be in possession of or supply any such drug.

11.   Delivery to messengers

A person shall not deliver any of the drugs to which these Regulations apply to any person not licensed or otherwise authorised to be in possession of the drugs 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 or her behalf and unless the person supplying the drug is satisfied that the authority is genuine.

12.   Meaning of “possession”

Any of the drugs in the order or disposition of any person shall, for the purpose of these Regulations, be deemed to be in his or her possession.

13.   Diversion in transit

If any consignment of the drugs to which these Regulations apply to some destination outside Saint Lucia is brought into any port of Saint Lucia, a person shall not without the licence of the Governor General, divert, or cause or procure to be diverted, such consignment to any destination other than the destination to which it was originally consigned. The destination to which the consignment was originally consigned shall be deemed to be the destination stated in the licence, permit or other authority for the export of the consignment granted by the Government of the country of export.

14.   Preservation of registers

The registers required to be kept under these Regulations shall be preserved for not less than 2 years from the date of the last entry in the register.

Schedule 1

(Regulation 6)

Schedule 2

(Regulation 7)

Schedule 3

(Regulation 8)

Dangerous Drugs Order

(Statutory Instrument 38/1940)

Statutory Instrument 38/1940 .. in force 13 April 1940

Commencement [13 April 1940]

1.   Citation

This Order may be cited as the Dangerous Drugs Order, 1940.Editor's note: This Order is made under the Dangerous Drugs Act, 1938. This Act was repealed by the Drugs (Prevention of Misuse) Act, but this Order was continued in force by section 50.

2.   Exclusion of certain Preparations from Part V of the Act

Whereas by section 13(3) of the Dangerous Drugs Act, 1938, it is enacted that if the Governor General thinks fit to declare that a finding with respect to any preparation containing any of the drugs, to which Part V of the Dangerous Drugs Act applies, has, in pursuance of Article 8 of the Geneva Convention (No. 1) been communicated by the Council of the United Nations to the parties to the said Convention, the provisions of this Part of this Act shall as from such date as may be specified in the Order cease to apply to the preparation specified therein:

Now, Therefore, the Governor General is pleased, by and with the advice of the Cabinet, to declare, and it is hereby declared, that findings with respect to the preparations specified in the Schedule hereto have in pursuance of Article 8 of the said Convention been communicated by the Council of the United Nations to the parties to the said Convention and that the date from which the provisions of Part V of the Dangerous Drugs Act shall cease to apply to the said preparations shall be 1 May 1940.

Dangerous Drugs Order

(Statutory Instrument 41/1958)

Statutory Instrument 41/1958 .. in force 20 December 1958

Commencement [20 December 1958]

1.   Citation

This Order may be cited as the Dangerous Drugs Order, 1958.Editor's note: This Order is made under the Dangerous Drugs Act, 1938. This Act was repealed by the Drugs (Prevention of Misuse) Act, but this Order was continued in force by section 50.

2.   Application

The provisions of section 13(1) of the Dangerous Drugs Act, 1938 shall apply to Normethadone which shall be construed as forming part of the list of dangerous drugs set out therein.

Drugs (Prevention of Misuse) (Cannabis Cultivation) Regulations – Section 10(1)(b)

(Statutory Instrument 208/2021)

Statutory Instrument 208/2021 .. in force 22 December 2021

ARRANGEMENT OF REGULATIONS

DRUGS (PREVENTION OF MISUSE) (CANNABIS CULTIVATION) REGULATIONS – SECTION 10(1)(b)

Commencement [22 December 2021]

1.   Citation

These Regulations may be cited as the Drugs (Prevention of Misuse) (Cannabis Cultivation) Regulations.

2.   Interpretation

In these Regulations—

“Act” means the Drugs (Prevention of Misuse) Act, Cap. 3.02;

“dwelling-house”—

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   (a)     means a place where a person is ordinarily resident;

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   (b)     includes—

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      (i)     land that is subjacent to the dwelling-house and the immediately contiguous land that is attributable to the dwelling-house, such as a yard, garden or other similar land, and

   1.  

      (ii)     a building or structure on land referred to in subparagraph (i);

“fresh cannabis”—

1.  

   (a)     means buds and leaves;

1.  

   (b)     does not include plant material that can be used to propagate cannabis.

3.   Application

These Regulations apply to the cultivation of cannabis at a dwelling-house.

4.   Cultivation of cannabis

1.  

   (1)   A person may cultivate not more than 4 cannabis plants at a time at his or her dwelling-house.

1.  

   (2)   Subregulation (1) applies where there is more than one person at the dwelling-house.

5.   Authorized activities in the cultivation of cannabis

A person who cultivates a cannabis plant under regulation 4 may—

1.  

   (a)     possess the cannabis; or

1.  

   (b)     obtain dried cannabis, fresh cannabis, cannabis or cannabis seeds.

6.   Cultivation area

A person may cultivate cannabis—

1.  

   (a)     inside a dwelling-house; or

1.  

   (b)     outside a dwelling-house.

7.   Indoor cultivation area

Where cannabis is cultivated inside a dwelling-house, cultivation must take place in one room of the dwelling-house.

8.   Restriction on cultivation near school premises

1.  

   (1)   A person shall not cultivate cannabis in or within a radius of 100 yards of school premises.

1.  

   (2)   In this regulation, “school premises”—

   1.  

      (a)     means a nursery school, primary or secondary school, technical institution, training centre, teachers' college, university or other educational institution for children or young persons;

   1.  

      (b)     includes buildings, playing fields or other premises established or maintained by the institutions in paragraph (a) for the benefit of its pupils or students whether or not such buildings, playing fields or other premises are within the curtilage of the institution.