Revised Laws of Saint Lucia (2021)

2.   Interpretation

1.  

   (1)   In this Act, except where the context otherwise requires—

“Advisory Council” means the Advisory Council on the Misuse of Drugs established under section 3 of this Act;

“analyst” means any person appointed as such for the purposes of this Act by the Minister by notice in the Gazette;

“authorised officer” means a person duly authorised by the Minister;

“cannabis” (except in the expression 'cannabis resin') means any plant of the genus cannabis or any part of any such plant (by whatever name designated);

“cannabis resin” means the separated resin, whether crude or purified obtained from any plant or any part of a plant of the genus cannabis;

“child” means a person under the age of 14 years;

“contravention” includes failure to comply, and “contravene” has a corresponding meaning;

“controlled delivery” means the techniques of allowing controlled drugs to pass out of, through or into the territory of one or more countries with the knowledge and under the supervision of the Minister or other authorised officer with a view to identifying persons involved in the commission of an offence under this Act;

“controlled drug” has the meaning assigned by section 4;

“convention” means a convention mentioned in Schedule 4, and any convention or final protocol amending, supplementing or in substitution for the same;

“corresponding law” has the meaning assigned by section 48;

“dentist” means a person registered as a dentist under the Medical Registration Act;

“designated officer” means a public officer designated as such by the Minister by notice in the Gazette;

“doctor” means a person registered as a medical practitioner under the Registration of Medical Practitioners Act;

“druggist” means a person registered as a pharmacist under the Pharmacy Act;

“drug trafficking” means doing or being concerned in any of the following, whether in Saint Lucia or elsewhere—

1.  

   (a)     producing or supplying a controlled drug where the production or supply contravenes section 6(1) or a corresponding law;

1.  

   (b)     transporting or storing a controlled drug where possession of the drug contravenes section 8(1) or a corresponding law;

1.  

   (c)     importing or exporting a controlled drug where the importation or exportation is prohibited by section 5(1) or a corresponding law; and

1.  

   (d)     entering into or being otherwise concerned in an arrangement whereby—

   1.  

      (i)     the retention or control by or on behalf of another of the proceeds of drug trafficking by him or her is facilitated, or

   1.  

      (ii)     the proceeds of drug trafficking by another are used to secure that funds are placed at his or her disposal or are used for his or her benefit to acquire property by way of investment;

“drug trafficking offence” means any of the following—

1.  

   (a)     an offence under section 6(2), 6(3), 8(2) or 8(3);

1.  

   (b)     an offence under the customs law in connection with a prohibition or restriction on importation or exportation having effect under section 5;

1.  

   (c)     an offence under section 26;

1.  

   (d)     conspiracy to commit any of the offences in paragraphs (a) to (c) above;

1.  

   (e)     an offence or attempting to commit any of those offences;

1.  

   (f)     an offence of inciting another to commit any of those offences; and

1.  

   (g)     aiding, abetting, counselling or procuring the commission of those offences;

“Minister” means the Minister charged with responsibility for Health;

“possession” shall be given the meaning assigned to it in section 6(4) of the Criminal Code;

“practitioner” (except in the expression “veterinary practitioner”) means a doctor, a dentist or a veterinary practitioner;

“premises” includes any building out-house or land whether enclosed or not;

“prepared opium” means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked;

“produce” where the reference is to producing a controlled drug, means producing it by manufacture, cultivation or any other method and “production” has a corresponding meaning;

“supplying” includes distributing;

“veterinary practitioner” means any person in Saint Lucia holding a qualification entitling him or her to practice as a veterinary surgeon in any part of the Commonwealth or any person who within Saint Lucia is engaged in the practice and profession of veterinary surgery;

“young person” means a person who is 14 years of age or upwards and under the age of 18 years;

1.  

   (2)   Reference in this Act to misusing a drug are references to misusing it by taking it; and the reference in the foregoing provision to the taking of a drug is a reference to the taking of it by a human being by way of any form of self administration, whether or not involving assistance by another.

1.  

   (3)   For the purposes of this Act the things which a person has in his or her possession shall be taken to include any thing subject to his or her control which is in the custody of another.

1.  

   (Amended by Act 8 of 1993)