Revised Laws of Saint Lucia (2021)

10.   Authorisation of activities otherwise unlawful

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   (1)   The Minister may by regulations made by statutory instrument—

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      (a)     exclude or except from section 5(1)(a), 5(1)(b), 6(1)(a), 6(1)(b) or 8(1) any controlled drugs specified in the regulations; and

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      (b)     make such other provision as he or she thinks fit for the purpose of making it lawful for persons to do things which under the following provisions of this Act, that is to say sections 6(1), 8(1) and 9(1), it would otherwise be unlawful for them to do.

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   (2)   Without prejudice to the generality of paragraph (b), regulations under subsection (1) authorising the doing of any such thing as is mentioned in that paragraph may in particular provide for the doing of that thing to be lawful—

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      (a)     if it is done under and in accordance with the terms of a licence or other authority issued by the Minister and in compliance with any conditions attached; or

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      (b)     if it is done in compliance with such conditions as may be prescribed.

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   (3)   Subject to subsection (4), the Minister shall so exercise his or her powers to make regulations under subsection (1) as to secure—

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      (a)     that it is not unlawful under section 6(1) for a doctor, dentist or veterinary practitioner acting in his or her capacity as such, to prescribe, administer, manufacture, compound or supply a controlled drug, or for a druggist or a person lawfully conducting a retail pharmacy business, acting in either case in his or her capacity as such, to manufacture, compound or supply a controlled drug; and

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      (b)     that it is not unlawful under section 8(1) for a doctor, dentist, veterinary practitioner, druggist or person lawfully conducting a retail pharmacy business to have a controlled drug in his or her possession for the purpose of acting in his or her capacity as such.

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   (4)   If in the case of a controlled drug the Minister is of the opinion that it is in the public interest—

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      (a)     for production, supply and possession of that drug to be either wholly unlawful or unlawful except for purposes of research or other special purposes; or

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      (b)     for it to be unlawful for practitioners, druggists and persons lawfully conducting retail pharmacy businesses to do in relation to that drug any of the things mentioned in subsection (3) except under a licence or other authority issued by the Minister,

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   he or she may by order made by statutory instrument designate that drug as a drug to which this subsection applies; and while there is in force an order made by statutory instrument under this subsection designating a controlled drug as one to which this subsection applies, subsection (3) shall not apply as regards that drug.

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   (5)   An order made by statutory instrument under subsection (4) shall be subject to negative resolution of either the Senate or the House of Assembly.

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   (6)   The Minister shall not make any order by statutory instrument under subsection (4) except after consultation with or on the recommendation of the Advisory Council.

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   (7)   References in this section to a person “doing” things include references to his or her having things in his or her possession.