NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT : CHAPTER 96

to provide for the functions of the Drug Enforcement Commission; revise and consolidate the law relating to drugs and precursor chemicals; provide for special measures relating to the prevention, treatment and rehabilitation of victims of drug abuse; domesticate the Convention on Psychotropic Substances 1971, the United Nations Convention against Illicit Traffic in Nacortic Drugs and Psychotropic Substances, 1988 and the United Nations Convention against Transnational Organised Crime, 2003 repeal and replace the Narcotic Drugs and Psychotropic Substances Act, 1993, and provide for matters connected with, or incidental to, the foregoing.

[20th May, 2021]

Act 35 of 2021.

PART I
PRELIMINARY PROVISIONS

1. Short title

This Act may be cited as the Narcotic Drugs and Psychotropic Substances Act.

2. Interpretation

In this Act, unless the context otherwise requires-

"administer" has the meaning assigned to the word in the Medicines and Allied Substances Act, 2013;

"analogue" means a substance not listed in the Schedules to this Act whose chemical structure is substantially similar to a drug of abuse that stimulates psychoactive effects;

"appropriate authority" means a relevant public body, statutory body or person, having powers or regulatory functions under any other written law designated by the Minister;

"associate" has the meaning assigned to the word in the Anti-Corruption Act, 2012, and includes a friend;

"authorised prescriber" has the meaning assigned to the word in the Medicines and Allied Substances Act, 2013;

"authorisation" means an approval issued by the Authority or Committee to cultivate, manufacture, produce, distribute, import, export, trade, package, re-package, transit, remove, divert, possess, consume, administer or deal with a drug;

"Authority" means the Zambia Medicines Regulatory Authority established under the Medicines and Allied Substances Act, 2013;

"bank" has the meaning assigned to the word in the Banking and Financial Services Act, 2017;

"child" has the meaning assigned to the word in the Constitution;

"Commission" means the Drug Enforcement Commission established under the Constitution;

"Commission on Narcotic Drugs" means a Commission on Narcotic Drugs under the United Nations responsible for making drug policies and supervising the application of International Drug Treaties;

"Committee" means the National Cannabis Coordinating Committee established under the Cannabis Act, 2021;

"consume" means to inject into one's body, sniff, chew, drink, smoke or administer a narcotic drug or psychotropic substance, and "consumption" shall be construed accordingly;

"controlled delivery" means the technique of allowing illicit or suspect consignments of drugs or substances substituted for them, to pass out of, through or into the territory of one or more countries with the knowledge and under the supervision of their competent authorities, with a view to identifying persons involved in the commission of offences;

"conviction" includes a conviction by a court outside the Republic and a conviction whether a conditional or unconditional discharge is ordered;

"Conventions" means the-

(a) Convention on Psychotropic Substances which entered into force on 16th August, 1976, and was acceded to by Zambia on 28th May, 1993;

(b) United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which entered into force on 11th November, 1990, and was ratified by Zambia on 28th May, 1993; and

(c) United Nations Convention against Transnational Organised Crime which entered into force on 29th September, 2003, and was acceded to by Zambia on 24th April, 2005;

"Council" means the Health Professions Council of Zambia established under the Health Professions Act, 2009;

"court" means means a court of competent jurisdiction or as otherwise specified in the Act;

"cultivation" means the growing of a plant which can be used or consumed as a narcotic drug or psychotropic substance or from which a narcotic drug or psychotropic substance can be extracted and the word "cultivate" shall be construed accordingly;

"Deputy Director-General" means a person appointed as a Deputy Director-General under section 9;

"Director-General" means a person appointed as Director-General under section 7;

"Director of Public Prosecutions" means the person appointed as Director of Public Prosecutions under the Constitution;

"document" has the meaning assigned to the word in the Statistics Act, 2018;

"drug" means a narcotic drug or psychotropic substance;

"drug abuser" means a person who uses a drug or analogue-

(a) without a medical prescription; or

(b) for a purpose other than medical, scientific or research;

"drug dependant person" means a person who-

(a) as a result of repeated administration of a drug to that person, demonstrates impaired control in relation to the use of that drug;

(b) exhibits drug seeking behaviour that suggests impaired control; or

"educational institution" has the meaning assigned to the word in the Education Act, 2011;

"Emoluments Commission" means the Emoluments Commission established under the Constitution;

"health facility" has the meaning assigned to the words in the Health Professions Act, 2009;

"health practitioner" has the meaning assigned to the word in the Health Professions Act, 2009;

"health professional" has the meaning assigned to the word in the Health Professions Act, 2009;

"industrial hemp" has the meaning assigned to the word in the Industrial Hemp Act, 2021;

"learner" has the meaning assigned to the word in the Education Act, 2011;

"local authority" has the meaning assigned to the word in the Constitution;

"manufacture" in relation to drugs, includes all processes by which the drugs, may be obtained, refined, transformed or prepared;

"medical doctor" means a person registered as a medical doctor under the Health Professions Act, 2009;

"mental patient" has the meaning assigned to the word in the Mental Health Act, 2019;

"narcotic drug" means a natural or synthetic substance set out in the Second Schedule to this Act;

"oath" has the meaning assigned to the word in the Constitution;

"precursor chemical" means a substance that is requisite in the manufacture of a narcotic drug or psychotropic substance as set out in the Fifth Schedule to this Act;

"prescription" has the meaning assigned to the word in the Medicine and Allied Substances Act, 2013;

"private body" means a voluntary organisation, non-governmental organisation, political party, charitable institution, company, partnership, club or any other person or organisation which is not a public body;

"property" has the meaning assigned to the word in the Forfeiture of Proceeds of Crime Act, 2010;

"psychotropic substance" means a natural or synthetic substance set out in the Third Schedule to this Act;

"public officer" has the meaning assigned to the word in the Constitution;

"relative" has the meaning assigned to the word in the Anti-Corruption Act, 2012;

"repealed Act" means the Narcotic Drugs and Psychotropic Substances Act;

"securities" has the meaning assigned to the word in the Securities Act, 2016;

"State institution" has the meaning assigned to the word in the Constitution;

"Staff Board" means the Staff Board of the Commission constituted under section 5;

"tainted property" has the meaning assigned to the word in the Forfeiture of Proceeds of Crime Act, 2010;

"trafficking" means-

(a) being involved directly or indirectly in the unlawful buying or selling of narcotic drugs or psychotropic substances and includes the commission of an offence under this Act in circumstances suggesting that the offence was being committed in connection with buying or selling; or

(b) being found in possession of narcotic drugs or psychotropic substances in amounts or quantities that the Minister may, by statutory instrument, declare to be trafficking;

"treatment order" means an order made under section 79;

"treatment and rehabilitation centre" means a health facility registered under the Health Professions Act, 2009, used for the treatment or rehabilitation of a drug abuser or drug dependant person;

"youth" has the meaning assigned to the word in the Constitution; and

"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011.

PART II
THE DRUG ENFORCEMENT COMMISSION

3. Establishment of Commission

(1) The Commission established under the Constitution is responsible for the administration of this Act.

(2) The First Schedule applies to the Commission.

4. Functions of Commission

(1) The functions of the Commission are to-

(a) prevent, investigate and control the supply and demand of a drug and precursor chemicals;

(b) prevent and investigate money laundering and related offences;

(c) provide counselling and rehabilitation services to drug addicts in consultation with the ministry responsible for health;

(d) develop strategies for the prevention of abuse of drugs and ensure the treatment and rehabilitation of victims of drug abuse with particular emphasis on special measures for children and youths;

(e) co-operate with other institutions in investigating, prosecuting, preventing and combating drug trafficking and prohibited activities relating to drugs or precursor chemicals so as to implement an integrated approach to the eradication of drug trafficking and prohibited activities relating to drugs or precursor chemicals;

(f) consult, co-operate and exchange information with appropriate bodies regionally or internationally that are authorised to conduct inquiries or investigate cases of drug trafficking and other transnational crimes;

(g) promote and co-ordinate policies for the control of drug trafficking, drug abuse and money laundering; and

(h) maintain a national database on drug trafficking, abuse, money laundering and other related information.

(2) The Commission may, in implementing its functions-

(a) examine the practices and procedures of State institutions and private bodies in order to facilitate the discovery of opportunities of drug trafficking and prohibited activities relating to drugs;

(b) advise State institutions and private bodies on methods of preventing drug trafficking and prohibited activities relating to drugs, and on changes in methods of work or procedures of the State institutions and private bodies compatible with the effective performance of their duties, which the Commission considers necessary to reduce the occurrence of drug trafficking and prohibited activities relating to drugs;

(c) disseminate information on the dangerous effects of drug trafficking and prohibited activities relating to drugs on society; and

(d) enlist and foster public confidence and support against drug trafficking and prohibited activities relating to drugs.

(3) The Commission may establish specialised units to investigate and deal with matters that the Commission considers appropriate for purposes of this Act.

5. Constitution of Staff Board

(1) There is constituted a Staff Board for the Commission which consists of seven members from the Commission appointed by the Minister.

(2) The Minister shall appoint the Chairperson and the Vice-Chairperson of the Staff Board.

(3) The Director responsible for legal services shall be the Secretary of the Staff Board.

(4) The First Schedule applies to the Staff Board.

6. Functions of Staff Board

(1) The functions of the Staff Board are to-

(a) advise the Director-General on matters relating to recruitment, appointment and termination of appointment, promotion, resignation, transfer, discipline and welfare of an officer in the Commission;

(b) advise the Director-General on the proper usage of financial and material resources of the Commission;

(c) examine the security of the officers of the Commission and recommend appropriate security measures for consideration and implementation by the Commission; and

(d) consider any matter that may be referred to the Staff Board by the Director-General.

(2) The Director-General may on the recommendation of the Staff Board, vary a decision, in the interest of the Commission.

7. Director-General

(1) The President shall appoint, as a public officer, the Director-General who shall be the chief executive officer responsible, subject to the general and specific directions of the President, for the day-to-day administration of the Commission.

(2) A person qualifies to be appointed as Director-General if that person-

(a) holds a bachelor's degree or an equivalent qualification in economics, finance, accounting, banking, law or other field relevant to the Act which is accredited or recognised and validated by the Zambia Qualifications Authority; and

(b) has a minimum of 10 year's experience at a senior management level in law enforcement.

(3) The Director-General may resign on giving three month's notice, in writing, to the President.

8. Powers of Director-General

(1) The Director-General may, in the performance of the Commission's functions under this Act-

(a) authorise an officer of the Commission to conduct an inquiry or investigation into alleged or suspected offences under this Act;

(b) require the chief executive officer, controlling officer or controlling body of a State institution to produce or furnish, within a time that may be specified by the Director-General or an investigating officer, a document or certified true copy of a document which is in that person's possession or under that person's control and which the Director-General considers necessary for the conduct of an investigation into alleged or suspected offences under this Act; or

(c) require a person to produce or furnish any documentation or a certified true copy of a document, where applicable, or to answer, to the best of that person's knowledge and belief, questions with respect to the whereabouts or existence of a document or record that may be relevant to an investigation.

(2) Despite any written law to the contrary, the Director-General may, where the Director-General has reasonable grounds to believe that a person who is the subject of an investigation in respect of an offence under this Act is likely to leave the Republic, require the person to surrender that person's travel document or any other document in that person's possession.

(3) The Commission shall, where a person surrenders that person's travel document under sub-section (2), return the document to the person after the investigation of the offence is completed, or if no criminal proceedings are to be instituted.

(4) A person who fails to comply with the request of the Director-General under sub-section (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units, or to imprisonment for a term not exceeding two years.

9. Deputy Director-General

(1) The President shall appoint, as a public officer, a Deputy Director-General of the Commission.

(2) A person qualifies to be appointed as Deputy Director-General if that person-

(b) has a minimum of 10 year's experience at a senior management level in law enforcement.

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