National Drugs Control Act

2 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 3 PART I–PRELIMINARY “cannabis resin” means the separated resin, whether crude or purified, obtained from the cannabis plant; Interpretation. 1. (1) In this Act unless the context otherwise requires– “coca bush” means the plant of any of the species “analogue” means any substance not listed in any Erythroxylon; Schedule to this Act, and whose chemical structure is substantially similar to any drug whose “controlled chemical” means such substance as the psychoactive effects are simulated by such Minister may prescribe as such; substance; “controlled delivery” means the investigative “analyst” means a person designated as such under technique of allowing an unlawful or suspect section 45; consignment of a drug, an analogue, a chemical, an “approved treatment centre” includes a hospital, innocuous substitute substance, an item of nursing home, hostel, health facility or other controlled equipment or controlled material or institution designated from time to time by the property believed to be derived directly or indirectly Minister as an approved treatment centre to provide from any offence, to pass into, through or out of treatment for drug abusers or drug dependent Sierra Leone under the supervision of an authorised persons; person, with a view to gathering evidence to identify any person involved in any serious offence, or to “Attorney-General” means the Attorney-General and facilitate prosecution of that offence; Minister of Justice; “controlled equipment” means such equipment as the “authorised person” means– Minister may prescribe as such; (a) an officer, servant or agent of the National Drug Law Enforcement Agency authorised “controlled material’ means such material as the by the Executive Director to exercise any Minister may prescribes as such; power or to perform specified duties under this Act; “convention State” means a party to the United Nations Convention against Illicit Traffic in Narcotic Drugs (b) a member of the Police Force of Sierra Leone; and Psychotropic Substances, 1988; or “court” means the High Court; (c) a customs officer; “cannabis” means any part of the cannabis plant “cultivate” includes planting, sowing, scattering the (including the seeds and leaves) from which cannabis seed, growing, nurturing, tending or harvesting, and resin has not been extracted; also includes the separation of opium, coca leaves, cannabis and cannabis resin from the plants from “cannabis plant” means any plant of the genus which they are obtained; cannabis;

4 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 5 “data” means representations, in any form, of (a) administration of the drug to him results in information or concepts; the person demonstrating impaired control in relation to the use of that drug, or drug- “dentist” means any person who is registered and seeking behaviour suggesting such impaired Act No. 12 entitled under the Medical Practitioners and Dental control; or of 1994. Surgeons Act, 1994 to practise the profession of dentistry; (b) cessation of the administration of the drug is “document” means any record of information, and likely to result in the person experiencing includes– symptoms of mental or physical distress or disorder; (a) anything on which there is writing; “encapsulating machine” means any device which is (b) anything on which there are marks, figures, used to fill shells, capsules or other containers with symbols, or perforations having meaning for a drug or analogue in whatever physical form; persons qualified to interpret them; “foreign State” means any country other than Sierra (c) anything from which sounds, images or Leone and every constituent part of such country, writings can be produced, with or without including a territory, dependency or protectorate, the aid of anything else; or which administers its own laws relating to drugs, (d) a map, plan, drawing, photograph or similar analogues, controlled equipment and controlled thing; materials; “drug” means a prohibited drug, high-risk drug, a risk “high-risk drug” means a substance listed in the Second drug or a preparation; Schedule; “drug abuser” in relation to a drug or analogue, means “inspector” means any person appointed inspector any person who uses it– under section 26; (a) without a medical prescription; and “institution” means a hospital, nursing home or other institution used for the accommodation, treatment (b) for a purpose other than a medical, scientific and care of persons suffering from physical or mental or related purpose; conditions; “drug dependent person” in relation to a drug or analogue, means any person who has a condition “International Drug Control Convention” means– such that–

6 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 7 (a) the Single Convention on Narcotic Drugs Act No. 12 “medical practitioner” means any person who is done at New York on 30 March 1961, as of 1994. registered and entitled under the Medical amended by the 1972 Protocol amending the Practitioners and Dental Surgeons Act, 1994 to Single Convention done at Geneva on 25 practise the profession of medicine; Mach 1972; “Minister” means the Minister responsible for internal affairs; (b) the Convention Against Psychotropic “minor” means an individual who is below the age of Substances done at Vienna on 21 February eighteen years; 1971; “opium poppy” means the plant of the species (c) the United Nations Convention Against Illicit Papaver somniferum; Traffic in Narcotic Drugs and Psychotropic Substances done at Vienna on 20 December Act No. 12 “pharmacist” has the meaning assigned to it in the 1988; and of 2001. Pharmacy and Drugs Act, 2001; (d) any other international convention or “place” includes any land (whether vacant, enclosed protocol or other instrument amending an or built upon, or not), and any premises; international convention relating in whole or “practitioner” means a dentist, medical practitioner or in part to drugs, controlled chemicals or veterinary surgeon, and any person who is entitled controlled equipment to which Sierra Leone under the laws of Sierra Leone to practice any other may become party after the commencement profession whose members may lawfully prescribe, of this Act; dispense or administer any drug; “manufacture” in relation to a drug, analogue, “premises” includes the whole or any part of a controlled chemical or controlled material includes– structure, building, aircraft, vessel or vehicle; (a) carrying out any process by which such drug, “preparation” means a solution or mixture in whatever analogue, controlled chemical or controlled physical state, containing a drug or a controlled material is produced; chemical; (b) formulating, preparing, mixing, extracting, “prescription” means a written direction by a refining, compounding or packing such drug, practitioner that a stated amount of a drug be analogue, controlled chemical or controlled dispensed for the person named in it or for the material; treatment of an animal; (c) transforming such drug, analogue or “proceedings” means any procedure conducted by or controlled chemical or controlled material into under the supervision of a judge, magistrate or another drug, analogue or controlled judicial officer however described in relation to any chemical or controlled material, and alleged or proven offence or property derived from such offence and includes an inquiry, investigation (d) making a drug into dosage form; or preliminary or final determination of facts;

8 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 9 “prohibited drug” means a substance listed in the First “Sierra Leone aircraft” means an aircraft that is– Schedule; (a) registered in Sierra Leone or exempted from “property” means real or personal property of every Act No. 3 of 2008. registration, under the Aviation Act, 2008; description, whether situated in Sierra Leone or elsewhere and whether tangible or intangible, and (b) owned wholly or partly by or in the includes an interest in such property; possession or control of the Government of Sierra Leone or any local council; or “property derived from an offence” means any property derived or realized directly or indirectly from (c) owned by or in the service of the Armed a serious offence and includes, on a proportional Forces of Sierra Leone including an aircraft basis, any other property into which any property that is being commanded by or piloted by a derived from an offence is successively converted, person in the course of his duties as a member intermingled or transformed, as well as income, of those Forces; capital or other economic gain derived or realized from such converted, intermingled or transformed (d) registered in a foreign State, and leased to a property; person ordinarily resident or having a principal place of business, in Sierra Leone; “record” means any material on which data is recorded “Sierra Leone ship” means– or marked and which is capable of being read or understood by a person, computer system or other (a) a ship registered or exempted from device; registration, under the Merchant Shipping Act No. 3 of 2003. Act, 2003; “risk drug” means a substance listed in the Third Schedule; (b) an unregistered ship that has a Sierra Leone “serious offence” means– nationality; (a) an offence under Part III; (c) a ship that belongs to the Armed Forces of (b) an offence under any other enactment in force Sierra Leone; in Sierra Leone the maximum penalty for which is death or imprisonment for a term of (d) a ship that is owned by the Government of not less than twelve months; Sierra Leone or by a local council; or (c) an offence under a law of a foreign State, in (e) a ship that is held by any person on behalf relation to an act or omission, which, had it of or for the benefit of the State; occurred in Sierra Leone, would have constituted an offence for which the maximum “supply” includes sale, consignment, dispatch, penalty is death or imprisonment for a term transport, delivery, distribution, dispensing and an of not less than twelve months; offer to supply;

10 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 11 “tabletting machine” means any device which may be (2) The Agency shall be headed by the Executive used to compact or mould a drug or analogue into a Director. solid tablet; 3. (1) The Agency shall, in addition to any other functions Functions of “toxic chemical inhalant” means a substance listed in Agency. conferred on it by this Act, have responsibility for– the Fourth Schedule; “transit” means the physical transfer of any drug, (a) providing leadership in and coordinating all analogue, controlled chemical or controlled material issues relating to drug control, eradicating into and out of the territory of Sierra Leone without drug abuse and the primary causes of drug undergoing any customs process or procedure in abuse, illicit drug supply and drug-related Sierra Leone and where Sierra Leone is neither its crime; country of origin nor destination; (b) coordinating all drug-related regulatory, “treatment” includes medical treatment, therapy or enforcement and prosecution functions admission to an education or rehabilitation conferred on any person or authority by any programme, which is aimed at- enactment; (a) preventing drug abusers from further abusing drugs; and (c) developing and effectively implementing the national drug control strategy; (b) assisting drug-dependent persons to overcome their drug dependence; (d) ensuring that decisions of the Advisory “under cover operations” means operations for the Council are implemented; purpose of providing a person who may have committed, is about to commit or is committing a (e) facilitating cooperation and the timely serious offence an opportunity to manifest evidence exchange of information between regulatory, thereof; law enforcement, criminal justice, demand reduction, scientific and technical agencies “veterinary surgeon” means any person who is in Sierra Leone and abroad, relating to drug registered and entitled under the laws of Sierra Leone and precursor control, demand reduction and to practice the profession of veterinary medicine. drug-related crime; PART II–ESTABLISHMENT OF THE NATIONAL DRUG LAW (f) collecting, collating and disseminating ENFORCEMENT AGENCY information on drug and drug-related issues to public and private sector agencies and Establish- 2. (1) There is hereby established a body to be known as organizations and the wider community, and ment of National Drug the National Drug Law Enforcement Agency (hereafter referred to as the conduct of research, analysis and Law Enforce- “the Agency”). education geared towards the prevention and ment eradication of drug abuse; Agency.

12 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 13 (g) taking such measures that may ensure (b) the affairs of any person or entity, to effective collaboration with government determine the manner and circumstances in bodies, agencies and non-governmental which that person or entity acquired, used, organizations wherever situate and carrying controlled or disposed of such property. on functions wholly or partly analogous to those of the Agency; (3) Subject to the general or specific direction of the Attorney-General, the Agency may– (h) improving international co-operation against drug trafficking and precursor trafficking by (a) take charge of the conduct of proceedings land, sea and air; against any person in respect of any offence under this Act; (i) encouraging and strengthening co-operation between the office of the Attorney-General, (b) institute and conduct proceedings before any the Sierra Leone Police, the National Revenue court in Sierra Leone with a view to the Authority, Immigration Department, restraint, confiscation or forfeiture of any Ministries of Social Welfare, Health, property being the proceeds or in- Transport and Aviation, Internal Affairs, local strumentality of any offence under this Act. councils, Prisons Department, other law (4) For the purpose of inquiring into and ascertaining enforcement agencies and non-governmental whether property is the proceeds of or an instrumentality of an offence organizations, in addressing issues of drug under this Act, the Agency may, by notice in writing require any control, reducing drug abuse and its primary person to furnish it within such period as is specified in the notice, causes, and combating illicit drug supply and such relevant information, returns, accounts, books or other drug-related crimes; documents in the custody of such person as the Agency may consider fit and proper within the circumstances. (j) enforcing and duly administering the provisions of this Act including receiving, (5) A person who fails to comply with a requirement under investigating or referring to the appropriate subsection (4) commits an offence and is liable on conviction to a authority, any complaint of a suspected or fine not less than twenty million leones or to imprisonment for a term an alleged offence under this Act. not less than five years or to both the fine and imprisonment. (2) An investigation under paragraph (j) of subsection 4. (1) The Executive Director of the Agency, shall be Executive (1) may be carried out in relation to any of the following matters:– appointed by the President subject to the approval of Parliament. Director and other staff of Agency. (a) the nature, location and value of any property (2) The Executive Director shall be a person of high suspected on reasonable grounds to be personal probity. wholly or partly property derived from an (3) The Executive Director shall hold office for a term of offence under this Act; and three years and thereafter shall be eligible for re-appointment for one additional term only.

14 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 15 (4) As head of the Agency, the Executive Director shall (4) A member of the Advisory Council may resign his have responsibility for– office by writing addressed to the President. (a) the effective performance of its duties and (5) The members of the Council shall be paid such the proper exercise of the powers of the allowances as may be stated in their letters of appointment. Agency; (6) The Advisory Council shall appoint a person to serve (b) the day-to-day management of the affairs of as secretary to the Council. the Agency; 6. (1) The Advisory Council shall– Functions of Advisory (c) the administration, organization and control Council of the other staff of the Agency. (a) provide strategic guidance to the Agency in the discharge of its functions and to other (5) In addition to the Executive Director, the Agency shall institutions having functions similar to those have such other staff including investigators and prosecutors as of the Agency; may be required for the efficient performance of its functions. (b) review and where appropriate recommend (6) The Agency may, from time to time, employ such other revision to the national drug strategy and persons as the Executive Director may consider necessary to assist it ensure its effective implementation; and in the performance of its functions. (c) upon request, advise the President on matters (7) The staff of the Agency shall be public officers. relating to this Act. (8) Other public officers may be seconded or called upon (2) The Advisory Council shall regulate its proceedings. to render assistance to the Agency. PART III–DRUG ABUSE, DRUG TRAFFICKING AND (9) The Executive Director shall, not later than three RELATED OFFENCES months after the end of every year, submit a report of the activities of the Agency in that year, to the President who shall cause the report 7. A person who, without lawful authority– to be laid before Parliament. Prohibition (a) prepares, extracts, manufactures, produces, of manufac- ture, Advisory 5. (1) There is hereby established a body to be known as or cultivates a prohibited drug; Council. cultivation, the Advisory Council. importation (b) collects, transports, imports, exports, and exporta- (2) The Advisory Council shall consist of a chairman and transships or transmits any prohibited drug; tion etc. of drugs, six other members to be appointed by the President, subject to the approval of Parliament (c) supplies, administers, sells, exposes or offers for sale or otherwise deals in or with any (3) The members of the Advisory Council shall hold office prohibited drug, for a term of three years and thereafter shall be eligible for re- appointment for one additional term only. commits an offence and is liable on conviction to life imprisonment.

16 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 17 Prohibition 8. A person who, without lawful authority– (c) engages in the organization, management or of possession and use of financing of any offence under this Part; or drugs, etc. (a) buys, sells, possesses or has under his (d) engages in any activity for the purpose of control, any drug or uses any drug by establishing or promoting any enterprise smoking, inhaling, sniffing, injecting or otherwise introduces the drug into his body; relating to drugs, or commits an offence and is liable on conviction to a term of imprisonment for five years and the equipment, material or substance (b) injects any person with or in any manner shall be confiscated to the State. administers a drug to any person, 11. A person who, without lawful authority, uses, transfers the Prohibition of commits an offence and is liable on conviction to imprisonment for a possession of, sends or delivers to any person or place, transports, laundering term not less than five years. proceeds transmits, alters, disposes of or otherwise deals with, in any manner, derived from Prohibition of acquisi- any property or proceeds of any property with intent to conceal, drug offence. 9. (1) A person who knowingly– tion of pro- disguise or convert that property or those proceeds knowing that all perty derived or part of that property or of those proceeds was obtained or derived from drug (a) acquires, possesses or uses property that is offence. directly or indirectly as a result of– derived from any offence under this Part; or (a) the commission of an offence under this Act; (b) converts or transfers property derived from or any offence under this Part, (b) an act elsewhere which if it had occurred in commits an offence and is liable on conviction to a fine not less than Sierra Leone would have constituted an twenty million leones or to a term of imprisonment for a term not less than five years or to both the fine and imprisonment. offence under this Act, (2) In addition to the penalty prescribed in subsection commits an offence and is liable on conviction to a fine not less than (1), the property shall be forfeited to the State. thirty million leones or to a term of imprisonment not less than ten years. Prohibition of 10. A person who, without lawful authority– possession 12. (1) Where a person has been convicted of an offence Additional of equipment for manu- (a) possesses any high risk drug or any material under section 8, the court may in addition to the penalty prescribed orders. facture of or substance or otherwise, intended to be for that offence, make an order requiring the offender to undergo drugs, etc. used in or for manufacture or cultivation of measures such as treatment, education, aftercare, rehabilitation or drugs; social reintegration. (b) manufactures, transports or distributes any (2) Where a minor has been convicted of an offence under material or substance listed in the Second section 8, the court may order as an alternative to the penalty Schedule or otherwise, intended to be used prescribed for that offence, that the minor undergoes treatment, in or for the manufacture or cultivation of education, aftercare, rehabilitation or social reintegration, as the drugs; circumstances may require.

18 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 19 (3) Where the court in sentencing a person convicted (b) directions as to the disposal of the property; under section 8 finds that having regard to the unaggravated nature and of the offence or any special circumstances relating to the offence or the offender, the imposition of the prescribed penalty would be harsh (c) such other directions as it may think fit. or unconscionable, it may sentence the offender to a lesser term of imprisonment or impose a fine of not less than five million leones. (8) On an application by a person in respect of whose property a forfeiture order has been made under this Part, the court (4) Where a non-citizen or citizen of Sierra Leone by may order that a sum determined by the court to be the value of the naturalization has been convicted of an offence under this Part, the property, be paid by that person to the court and upon payment of court may, in addition to the penalty prescribed for that offence, that sum the property shall be returned to him. make an order for– 13. In determining the nature and extent of any penalty to be Grounds for aggravation. (a) the withdrawal or cancellation of the visa or imposed in relation to any person convicted of an offence under this citizenship; and Part, the court shall take into account whether– (b) the prohibition from re-entry into or (a) the person convicted- deportation from Sierra Leone, (i) belonged to an organized criminal of that person. syndicate; (5) Where a person is convicted of an offence under this Part, the court may in addition to the penalty prescribed for that (ii) participated in other illegal activities offence, confiscate or forfeit any equipment or property which is the facilitated by the offence; subject matter of the offence or which has been used for the commission of the offence. (iii) used violence or arms; (6) No conveyance used for the commission of the offence (iv) committed the offence in the exercise of shall be forfeited if the offence was committed by a person other than a public office or public duty; the owner or person in charge of the conveyance and it is proved to the court that the use of such conveyance for the commission of the (v) added any substance to the drugs offence was without the knowledge or consent of the owner or person which aggravated their danger to a user; in charge of the conveyance and was not due to any neglect, default, or lack of reasonable care by the owner or person in charge of the (vi) made use or took advantage of a minor conveyance. or mentally handicapped person in committing the offence; or (7) In making an order for forfeiture, the court may give– (vii) is in a state of recidivism, in establishing (a) directions for the purpose of determining any which any convictions pronounced dispute as to the ownership of or other interest abroad shall be taken into account; in the property or any part thereof;

20 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 21 (b) the offence was committed– 15. An attempt or conspiracy to commit an offence or aiding, Attempts, conspiracy, abetting, counseling or procuring the commission of an offence under aiding, abet- (i) by a health professional or person this Part shall be punishable as if the offence had been committed. ting etc. responsible for combating drug abuse or drug trafficking; 16. A person who, being in Sierra Leone assists in or induces Assisting in commission the commission outside Sierra Leone of an offence punishable under of offence (ii) in a teaching or educational institution, the law of a foreign State relating in whole or in part to the control of abroad. a hospital or health care institution, a any drug, analogue, controlled chemical, controlled equipment or social service facility or in other place controlled material, commits an offence. to which school children or students resort for educational, sports or social 17. In any proceedings under this Part, the burden of proving Burden of proof. activities, or in the immediate vicinity of that an act was done with lawful authority shall be on the accused such institution or place; or person. (iii) in a penal or correctional institution or a PART IV–TREATMENT AND REHABILITATION OF OFFENDERS military, police, customs or any other law enforcement establishment; 18. The Minister shall establish treatment assessment panels Treatment assessment (c) the person to whom the drug was supplied comprising four persons appointed by the Minister, two of whom panels. or offered was a minor, a mentally shall be a legal practitioner and a medical practitioner respectively handicapped person or a person undergoing and the other two persons having extensive knowledge of the medical treatment, or whether the use of the psychological, physical or social problems connected with the abuse drug by such person was facilitated by of drugs and analogues for the purpose of assessing the treatment another; and rehabilitation requirements of offenders. (d) the drug supplied caused death or seriously 19. (1) Where a person is convicted of an offence under this Treatment orders. impaired the health of another person. Act and the court considers that the person may have been– Suspension of 14. Where a person who has been convicted of an offence sentences. (a) under the influence of a drug or analogue at under this Part is a first offender, the court may suspend the whole or the time of the commission of the offence; or part of the penalties imposed on the person, on such terms and conditions as appear to be necessary to ensure that the person does (b) motivated to commit the offence by a desire not repeat the offence, if it is in the interests of justice and not contrary either to use drug or analogue or obtain to the broader public interest, to make such order. resources to enable its use,

22 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 23 the court may order that the person submit himself for assessment by make such an order, following consideration a treatment assessment panel. of a report of a treatment assessment panel that the person is fit to return to everyday (2) Where the panel recommends that the person should responsibilities and functions. undergo treatment at an approved treatment centre, the court may– 22. (1) Where a person fails to complete the course of Revocation of (a) order that the person, during a period of two treatment ordered to the satisfaction of the treatment assessment suspension order. years or such shorter period as the court may panel, the court may, on the recommendation of the panel, revoke the specify, submit himself to the treatment order of suspension made under section 20. specified in the order or for such other (2) Where a suspension order made under section 20 is treatment as directed from time to time by the revoked, any time spent in treatment shall count as time towards the panel; and discharge of any relevant orders made under this Act. (b) specify conditions relating to the supervision 23. Any person who, without reasonable excuse, refuses or Offences in of the person, at the approved treatment fails to– relation to centre, and periodic attendance before a treatment orders. treatment assessment panel for review and (a) comply with a treatment order; evaluation of treatment and progress. (b) inform the authority in charge of an approved Suspension of 20. Where the court makes an order under paragraph (a) of treatment centre attended by the person penalties. subsection (2) of section 19, it may also order that any or all of the pursuant to a treatment order of any change penalties prescribed for the offence in question be suspended. in that person’s address; or (c) appear before a treatment assessment panel Discharge of 21. Where a person completes treatment ordered under as ordered, penal provi- sions. paragraph (a) of subsection (2) of section 19 to the satisfaction of a treatment assessment panel,and within two years from the date of commits an offence and is liable on conviction to a fine not exceeding his conviction, commits no further offence under this Act, or any five million leones or to a term of imprisonment not exceeding two other related enactment, any order made under this Act – years or to both the fine and imprisonment. (a) shall be deemed to be fully served and PART V – ADMINISTRATION, COMPLIANCE AND discharged in respect of that person in relation ENFORCEMENT to the offence in respect of which it was made; and 24. For the purposes of this Act, the Agency shall be the focal Agency to point and shall take a lead role in all investigations concerning drugs, serve point. as focal (b) in relation to any other offence, may be analogues, controlled chemicals, controlled materials and controlled discharged by order of the court if it is equipment in Sierra Leone. satisfied that it is in the public interest to

24 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 25 Agency staff 25. The Attorney-General may, by statutory instrument, make (2) Any person who fails or refuses or neglects to comply to exercise police powers. regulations– with a requirement under subsection (1) commits an offence and is liable on conviction in the case of an individual to a fine not less than (a) authorizing designated staff of the Agency ten million leones and in the case of a body corporate to a fine not to exercise the powers conferred on police less than one hundred million leones. officers under the Police Act, 1964 and the Act No. 7 of Pharmacy and Drugs Act, 2001 in respect of 28. (1) Subject to section 30, an inspector may at any Exercise of 1964. investigations, arrests, detention, entry and time during ordinary business hours with such powers by inspectors. Act No. 12 search and seizure, subject to such assistance and force as is reasonably necessary of 2001. restrictions as are stated in the instrument; enter any premises or place at which a person and who is registered or who holds a licence or permit Act No 12 under the Pharmacy and Drugs Act, 2001, carries (b) conferring on the staff of the Agency, such of 2001 on any activity, to ascertain whether this Act is other powers as may be necessary for the being complied with. effective implementation of this Act. (2) Upon entry into any premises or place pursuant to Appointment 26. (1) The Minister may designate any staff of the Agency subsection (1), an inspector may– of inspectors. as an inspector for the purposes of this Act. (a) require the occupier of the premises to state (2) An inspector shall perform such duties as the Minister his name and address; may direct. (b) inspect the premises or place in order to (3) The Minister shall cause to be issued to an inspector ascertain whether this Act, or a term or an identity card bearing the name and a recent photograph of the condition of any licence or permit granted inspector and authorization to perform the duties of inspector under Act No 12 under the Pharmacy and Drugs Act, 2001 this Act. of 2001 has been or is being complied with; Duty to 27. (1) Notwithstanding anything to the contrary in any account for (c) examine any label, advertising material, enactment, a person who is registered or holds a drugs, cont- register, record, book, electronic data or other rolled licence or permit issued under the Pharmacy and Act No. 12 Drugs Act, 2001 for the control, supply, document therein relating to any drug, chemicals and of 2001. controlled chemical or item of controlled equipment. manufacture or in any way dealing with a drug, controlled chemical, controlled equipment or equipment or material; material shall, when required to do so in writing by an inspector, provide the inspector with a statement (d) make an extract from any register, record, book in writing, signed and dated by the person or document or take a copy thereof, and accounting for each drug, controlled chemical or require from any person having the custody item of controlled equipment or material in his of any register, record, book or document, an possession at any time since registration or the explanation of an entry in the register, record, grant of the licence, or permit , as the case may be. book or document;

26 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 27 (e) open and examine any receptacle or package (3) Where an inspector seizes and detains any substance found in that place in which a drug, analogue, suspected to be a drug, analogue, controlled chemical or item of controlled chemical or item of controlled controlled equipment or material, he may direct that it be kept or equipment may be found; stored at the place where it was seized or be removed to any other suitable place. (f) examine anything found in that place that is used or may be capable of being used for the (4) Where an inspector determines that for the purpose manufacture, packaging or storage of a drug, of ensuring compliance with this Act it is no longer necessary to analogue, controlled chemical or item of detain a substance reasonably suspected to be a drug, controlled controlled equipment or material; chemical or item of controlled equipment or material under paragraph (k) of subsection (2), he shall notify in writing, the owner or other (g) use or cause to be used any computer system person in charge of the place where it was detained, of that at that place to examine any electronic data determination and, on being issued a receipt therefore shall return referred to in paragraph (c) or (f), and the substance to that person. reproduce any document from the data or cause it to be reproduced in the form of a (5) Where in the ordinary course of duty, an inspector is print-out or other output; of the opinion that an offence is being or has been committed under this Act, he shall immediately report that fact to the Executive Director (h) take anything referred to in paragraph (c) or and provide such further lawful assistance as may be reasonably (f) for examination or copying; necessary for the purpose of any investigation or proceeding relating to such offence. (i) use or cause to be used to make copies of any document any copying equipment found 29. (1) Subject to section 30, an inspector may at any Inspection of at that place; reasonable time, with such assistance as is reasonably necessary approved treatment enter the premises of an approved treatment centre. centres (j) examine any substance found in that place and take, for the purpose of analysis, such (2) Upon entering an approved treatment centre, an samples thereof as are reasonably required; inspector may– (k) seize and detain anything which, in the (a) inspect the premises and any facilities opinion of the inspector, is connected with, provided at or equipment used at the or may provide proof of a contravention of premises for or in connection with the this Act, or a term or condition of any licence provision of treatment or accommodation at or permit granted under the Pharmacy and the centre; Act No 12 Drugs Act, 2001, or which the inspector of 2001 believes on reasonable grounds is necessary (b) inspect any drug register, book, record or for the purpose of ensuring compliance with document kept on the premises relating to this Act. such treatment or accommodation;

28 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 29 (c) require the occupier of the premises to (2) An application under subsection (1) shall be made for produce any drug register, book, record or any of the following purposes:– document or to give to the inspector any information in his possession relating to such (a) monitoring, intercepting and recording the treatment or accommodation; communications of a person; (d) exercise any of the powers referred to in (b) monitoring and recording the conduct and paragraphs (c) to (k) of subsection (2) of movements of a person; section 28 which, for the purposes of this section shall apply mutatis mutandis to the (c) the performance of any function under this centre. Act. Inspectors to 30. (1) An inspector exercising any powers conferred under produce (3) An application for a warrant shall specify– authority. section 28 or 29 shall produce his identity card issued under subsection (3) of section 26, to the person in charge of any place (a) the facts relied upon to justify the belief; entered for the purposes of inspection pursuant to this Act. (b) that the urgency of the matter is such that it (2) Where an inspector fails or refuses to produce his would be impracticable to carry out the identity card, the occupier of the premises shall not be obliged to investigation using normal investigative comply with any requirement of the inspector. procedures and processes or that in the absence of a warrant, it is likely that Obstruction 31. A person who, without reasonable excuse– information critical to the investigation would of inspectors, etc. not be obtained; (a) obstructs or hinders an inspector in the exercise of the powers or performance of the (c) where the purpose is to intercept a duties of inspectors under this Act; or communication– (b) refuses or fails to comply with a reasonable (i) the type of communication proposed to requirement of an inspector who has entered be intercepted; any premises in accordance with this Act, (ii) the type of information, records, commits an offence and is liable on conviction to a fine not less than documents or things proposed to be two million leones or to a term of imprisonment not less than twelve months or to both the fine and imprisonment. obtained; and Application 32. (1) Where the Executive Director or a police officer not (iii) the identity of the person, if known, for warrant. belowthe rank of Assistant Inspector General of Police has reasonable whose communication is proposed to grounds to believe that a person has committed an offence or is be intercepted or who has possession about to commit an offence under this Act, the Executive Director or of the information, records, documents the police officer may apply to the court for a warrant. or things proposed to be obtained;

30 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 31 (d) the person or class of persons to whom the (i) in Sierra Leone, for the purpose of an warrant is proposed to be directed; investigation or proceeding relating to a serious offence; or (e) a general description of the place where the warrant is proposed to be executed, provided (ii) outside Sierra Leone, for the purpose of a general description of that place can be a legal assistance request, made or given; received under Part VI. (f) any previous application made in relation to 35. (1) Where the Executive Director or a police officer not Undercover a person referred to in subparagraph (iii) of below the rank of Assistant Inspector General of Police suspects on and controlled delivery paragraph (c), the date on which the reasonable grounds that any person has committed, or is about to operations. application was made and the decision of commit, an offence under this Act, he may give approval in writing the judge to whom the application was made. for– (4) In issuing a warrant, the judge shall specify the period (a) a controlled delivery to be carried out; and not exceeding thirty days during which the warrant is to be in force (b) specified persons or classes of persons to and such period may be extended if it is in the interest of justice and carry out or participate in the controlled not contrary to the public interest to do so. delivery. Effect of 33. (1) A warrant issued under section 32 shall authorise warrant. (2) Notwithstanding any enactment to the contrary, the every person or class of persons to whom it is issued to exercise the activities which may be undertaken in the course of and for the powers specified in the warrant for any of the purposes set out in purposes of a controlled delivery may include– subsection (2) of section 32. (a) allowing any vehicle, vessel, aircraft or other (2) In addition, the warrant shall authorise the provision means of transport to enter or leave Sierra of reasonable assistance to the person exercising the powers specified Leone; in the warrant by any person where the person to be assisted is exercising the powers in accordance with the warrant. (b) allowing any– (i) drug, analogue, controlled chemical or Admissi- 34. Notwithstanding any enactment to the contrary, evidence bility of controlled equipment or material or other evidence obtained pursuant to and in accordance with a warrant issued under thing in or on the vehicle, vessel, aircraft obtained section 32– or other means of transport; or under warrant. (a) shall be admissible in any proceedings (ii) property believed to be derived directly relating to an offence under this Act; or indirectly from any offence, (b) may be communicated to any competent to enter or leave Sierra Leone, or be delivered or authority– collected in Sierra Leone;

32 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 33 (c) placing a tracking device on board the (ii) will not give rise to an undue risk that vehicle, vessel, aircraft or other means of any person not involved in criminal transport; activities would be encouraged to commit a criminal offence they would (d) allowing any person who has possession or otherwise not have contemplated. custody of a drug, analogue, controlled chemical, item of controlled equipment or (5) The Executive Director or a police officer not below material or other thing to enter or leave Sierra the rank of Assistant Inspector-General of Police may from time to Leone. time renew an approval given under subsection (3) for periods not exceeding six months. (3) Where the Executive Director or a police officer not below the rank of Assistant Inspector-General of Police suspects on (6) The Executive Director or a police officer not below reasonable grounds that any person has committed or is about to the rank of Assistant Inspector-General of Police shall within twenty commit an offence under this Act, he may give approval in writing eight days of giving or renewing an approval, give a copy of the for– instrument of approval or renewal to the Attorney-General. (a) undercover operations to be carried out for a specified period; and (7) Any drug, analogue, controlled chemical, controlled equipment, controlled material or other thing imported into Sierra (b) specified persons or classes of persons to Leone in the course of an approved undercover operation or carry out or participate in the undercover controlled delivery shall, when no longer required for the purposes operations for the purpose of gathering of the due enforcement of this Act, be liable to be dealt with as if it evidence in Sierra Leone or elsewhere, relating were a prohibited import for the purposes of the Customs Act. Cap. 271. to the commission of the offence. (8) Notwithstanding any enactment to the contrary, an (4) An approval shall not be given unless the Executive authorised participant in an undercover operation or a controlled Director or a police officer not below the rank of Assistant Inspector- delivery shall not incur criminal liability for taking part in such General of Police– operation or delivery in accordance with the terms of approval. (a) suspects on reasonable grounds that any 36. (1) Notwithstanding any enactment to the contrary, where Monitoring person, whose identity may or may not be the Executive Director suspects on reasonable grounds that any of mails. known, has committed, is committing or is consignment by mail may contain evidence of the commission of a about to commit an offence under this Act; serious offence, the Executive Director may give approval in writing to an authorized person to carry out at any time inspections in the (b) is satisfied on reasonable grounds that the postal services in order to detect that consignment, and if found, to proposed undercover operations– detain it for further investigation. (i) are properly designed to provide the (2) The court may, upon application by a competent suspect with an opportunity to manifest authority and if satisfied that there are reasonable grounds to believe or provide evidence of that offence; and

34 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 35 that any consignment detected and detained under subsection (1) (c) any property derived from a serious offence; may contain evidence of the commission of a serious offence, order or an authorized person to– (d) any other thing that will afford evidence in (a) open the consignment; and respect of an offence under this Act, (b) if such evidence is found on opening the the court may issue a warrant empowering an authorized person at consignment, to seize and detain it until any time, or at such time as the court may specify in the warrant, to further order of the court. enter the place, search for the drug, analogue, controlled chemical, item of controlled equipment or material or thing and if found, seize it. Access to 37. (1) Where it appears to the court that a computer system computer in the custody of any person contains data which may be relevant to systems. (2) An authorised person who executes a warrant under proving an offence under this Act, the court may order the person subsection (1) may– having custody or control of that system to give any authorised person, access to that data. (a) enter any place named or described in the (2) Any person who, without reasonable excuse, refuses warrant and search the place for things of or fails to– the kind described in the warrant; (a) give access as ordered; or (b) search any person found at or in the place, or any person whom he reasonably believes to (b) provide reasonable assistance to enable the be about to enter or to have recently left the data to be retrieved and recorded, place, and any clothing that the person is wearing, or property in the apparent control commits an offence and is liable on conviction to a fine not less than of the person that the authorized person five million leones or to a term of imprisonment not less than five believes on reasonable grounds, to be years or both the fine and imprisonment and in the case of a body connected with the offence; corporate to a fine not less than hundred million leones. (c) seize anything of the kind described in the Search 38. (1) Where a court is satisfied that there are reasonable warrants. warrant found as a result of the search. grounds to believe that there is in any place– (3) An authorised person who executes a warrant issued (a) a drug, analogue, controlled chemical or item under subsection (1) may seize, in addition to the things specified in of controlled equipment or material in respect the warrant– of which this Act has been contravened; (a) any drug, analogue, controlled chemical or (b) anything in which such a drug, analogue, item of controlled equipment or material in controlled chemical or item of controlled respect of which he believes on reasonable equipment or material is contained or grounds that this Act has been contravened; concealed;

36 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 37 (b) anything that he believes on reasonable (b) enter and search any place at or in grounds to contain or conceal such a drug, which he believes on reasonable analogue, controlled chemical or item of grounds, that anything connected controlled equipment or material or thing; with an offence is situated; and (c) anything that he believes, on reasonable (c) seize the object that he finds in the grounds, to be property derived from a course of that search or at or in that serious offence: or place. (d) anything that he believes on reasonable (3) An authorised person may, for the purpose of this grounds will afford evidence in respect of an section, detain any person whom he believes on reasonable grounds, offence under this Act. is carrying without lawful authority or reasonable excuse, anything connected with an offence under this Act. Search or 39. (1) An authorised person may exercise any of the powers (4) An authorised person may, for the purposes of this seizure in subsections (2) and (3) of section 38 without a warrant if the section, stop any vehicle, vessel or aircraft where he believes on without warrant in conditions for issuing a warrant under subsection (1) of that section reasonable grounds, that anything connected with an offence is in emergencies. exist and he believes on reasonablegrounds that– the vehicle, vessel or aircraft. (a) it is necessary to do so in order to prevent (5) Any person aggrieved by the seizure of anything the concealment, loss or destruction of under this section by an authorised person may appeal to the court. anything connected with an offence; and (6) Upon hearing an application under subsection (5), (b) the circumstances are of such seriousness the court may– and urgency as to require the immediate exercise of the power without the authority (a) confirm the seizure; or of a warrant issued under subsection (1) of (b) order the release of the thing seized to the section 38 or of an order of the court. applicant, (2) An authorised person acting under subsection (1) subject to such conditions as to the security and continued may– preservation of the thing as the court thinks fit. (a) search any person or the clothing 40. (1) An authorised person may for the purposes of this Search of that is being worn by, and property persons and Part, search the clothing that a person is wearing and may remove or clothing. in the apparent control of a person require the person to remove any clothing that he is wearing. whom he suspects to be carrying anything connected with an (2) A person shall not be searched under this Act except offence; or by an authorised person of the same sex.

38 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 39 Search of 41. (1) Where an authorised person has reason to believe 43. (1) Subject to subsection (2), where it appears to any Power to internal body destroy cavity. that a person is transporting any drug or analogue by concealing it authorised person on reasonable grounds, that cannabis plants, coca cannabis and inside his body and the person refuses to submit to a medical bushes or opium poppy or any other plants that are a drug are– other examination, he may detain the person for a period not exceeding unlawful crops. seventy two hours, pending the obtaining of an order of the court (a) growing in the wild; or under subsection (2). (2) Where the court is satisfied that there are reasonable (b) being cultivated unlawfully, grounds to believe that a person is transporting any drug or analogue by concealing it inside his body and the person has refused without he may, without a warrant and with such assistance and force as is reasonable cause to submit to a medical examination, the court may reasonably necessary enter any place on or in which such plants are issue an order– growing and cause them to be uprooted and destroyed. (a) directing the person to submit forthwith to (2) The powers to uproot and destroy under subsection (1) such medical examination including X-ray or other tests as may be reasonably necessary shall not be exercised unless the authorised person believes, on to establish whether the person is reasonable grounds, that in all the circumstances- transporting a drug or analogue inside his body; (a) reasonable samples and other evidence have been collected to properly establish the (b) authorising the person to be taken in custody identity and location of the plants under by an authorised person to any place stated unlawful cultivation; and in the order for the purpose of having the medical examination carried out; and (b) it appears necessary to the authorised person (c) authorising any medical practitioner to carry to exercise the powers forthwith, in order to out such examination and to provide such prevent other persons known or unknown medical treatment as may be reasonable and from- appropriate in the circumstances. (3) A person who without reasonable excuse, refuses or (i) unlawfully harvesting, removing, fails to submit to a medical examination as directed by order made concealing or using the plants; or under subsection (2) commits an offence and is liable on conviction to a fine not exceeding ten million leones or imprisonment for a term (ii) endangering the life or safety of the not less than two years or to both the fine and imprisonment. authorised person or any other person, Temporary 42. Any person suspected on reasonable grounds of having detention of before the plants can be safely seized, secured and disposed of in suspects. committed an offence, whether or not under this Part, may be arrested accordance with normal investigative practices. and detained for a period not exceeding 72 hours.

40 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 41 Collection 44. (1) The authorised person in charge at a seizure scene (3) The authorized person in charge of an investigation and pro- cessing of shall ensure that any material evidence is collected and processed, following a seizure shall ensure that all items of evidentiary value are evidence at and in particular that any seized drug, analogue or controlled chemical stored in appropriate conditions for the prevention of loss, theft or seizures. is properly marked for identification, weighed, counted, sampled, any other form of misappropriation, as well as accidental or accelerated sealed, labeled and, until destroyed or otherwise disposed of in deterioration. accordance with section 47, preserved for evidentiary purposes. 45. The Minister may designate any appropriately qualified Designation (2) The authorised person in charge of the seizure shall and experienced person or member of a class of persons in Sierra of analysts. also prepare a report of the seizure as soon as possible but not later Leone or elsewhere as an analyst for the purposes of this Act. than seven days after seizure, which report shall include particulars of– 46. (1) As soon as possible but not later than seven working Sampling and days after counting and weighing any significant quantity of seized analysis of bulk seizures. (a) the time, place and date of seizure; substances, samples shall be taken in duplicate for scientific analysis. (b) the identity of the authorised person who (2) Any samples taken under subsection (1) shall be carried out the seizure and all persons present signed or otherwise marked for identification by the person in charge at the place; of the seizure and any other person present when it is taken. (c) the circumstances in which the seizure took 47. (1) If scientific analysis of a sample indicates that the Early disposal place; seized substance is a drug, analogue, or controlled chemical, the of seized drugs, etc. person in charge of the seizure shall forthwith forward a copy of any (d) a description of the vehicle, vessel, place or scientific analysis report to the Director of Public Prosecutions and person searched and the location where the the Executive Director. substance was found; (2) Where following receipt of the report referred to in (e) a description of the substance found; subsection (1) and after due consultation with the Minister, the Director of Public Prosecutions is of the opinion– (f) a description of packaging, seals, and other identifying features; (a) that proceedings are likely to be brought against any person whether or not the (g) a description of quantity, volume and units identity of that person is known; and the measurement method employed; (b) that physical preservation of all the seized (h) all subsequent movements of the seized substances is not necessary for the purposes substance; and of any actual or contemplated proceedings under this Act; (i) any other prescribed matter.

42 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 43 (c) that the substances may properly and (4) Where, in relation to any seized drug, analogue or controlled lawfully be used, in Sierra Leone for medical chemical, and after reasonable investigative efforts, the Director of or scientific purposes, or in small amounts Public Prosecutions is– for the training of personnel responsible for carrying out functions under this Act; or (a) of the opinion that proceedings are not likely (d) that the substances cannot be safely, securely to be brought against any person for the or conveniently stored until the final reason only that no suspect has been determination of proceedings, identified or located; and the Director of Public Prosecutions shall apply to the court for an (b) satisfied that sufficient samples have been order directing the disposal of a part of the seized substances or taken, analyzed and preserved to enable all samples as he certifies are not necessary to retain for the purposes of material questions relating to the seized the due administration of justice. substances to be properly determined should (3) Where the Director of Public Prosecutions has made an any suspect be ultimately identified and application for a disposal order under subsection (2) in relation to a proceedings be brought, seizure, and the court is satisfied that– the Director of Public Prosecutions may order the disposal of such (a) the seized substances are illegal property liable to forfeiture under this Act; part of the seized substances or samples as he certifies are not necessary to retain for the due administration of justice. (b) the provisions of this section relating to the taking and analysis of samples have been (5) Substances subject to an order under subsection (3) complied with; or (4) shall be disposed of only– (c) sufficient samples have been taken, analyzed (a) by delivery to the Minister, for use and preserved to enable all material questions relating to the seized substances exclusively in meeting the lawful medical, to be properly determined in any actual or scientific or training needs of Sierra Leone; contemplated proceedings under this Act; or and (b) by incineration, or such other safe means of (d) any suspect or accused person in relation to destruction as the Minister may direct but the seizure has had reasonable opportunity the disposal shall be done in the presence of to have samples independently analyzed at at least three witnesses, consisting of the that person’s expense, Registrar of the Pharmacy Board or his the court shall order and supervise the public disposal of the seized representative, an officer of the Agency and substances or samples as the court certifies need not be retained, for a police officer not below the rank of the purpose of the due administration of justice. Assistant Inspector-General of Police.

44 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 45 (6) Subject to this section, in any prosecution for an (ii) authorised Sierra Leone to act for that offence under this Act, a certificate or report– purpose: or (a) purporting to be signed by the person in (b) in the case of a ship of no nationality or a charge of carrying out a disposal order made ship that is assimilated under the international under subsection (3) or (4) and two witnesses law of the sea to a ship of no nationality, it is to the disposal; and appropriate to do so. (b) stating that the substance, the subject of the (3) The Minister of Defence shall impose such conditions order, has been disposed of in accordance or limitations on the exercise of the powers– with the order, (a) in a case to which paragraph (a) of subsection shall be admissible in evidence. (2) applies, as may be necessary to give effect to any conditions or limitations imposed by (7) In the absence of evidence to the contrary, a certificate that State; and or report admissible under subsection (6) is proof of the statements contained in it, without proof of the signature, expertise or official (b) in any other case, as may be appropriate. designation of the person appearing to have signed it. (4) The Minister of Defence may, either on his own initiative or in response to a request from a Convention State, Special 48. (1) The powers conferred on authorised persons in enforcement authorise a Convention State to exercise, in relation to a Sierra Leone sections 49, 50 and 51 shall be exercisable in relation to any ship powers. ship, powers corresponding to those conferred on authorized persons described in paragraph (c) of subsection (3) of section 50 for the under sections 49, 50 and 51 but subject to such conditions or purposes of detecting and taking appropriate action in respect of limitations, if any, as he may think fit. offences under Part III. (5) Subsection (4) is without prejudice to any agreement (2) The powers referred to in subsection (1) shall not be made, or which may be made, on behalf of Sierra Leone whereby exercised outside the seaward limits of the territorial sea of Sierra Sierra Leone undertakes not to object to the exercise by any other Leone except with the authority of the Minister of Defence who shall State in relation to a Sierra Leone ship, of powers corresponding to not give such authority unless he is satisfied that– those conferred on authorised persons under sections 49, 50 and 51. (a) in the case of a ship of a Convention State, (6) The powers conferred on authorised persons under that the State– sections 49, 50 and 51 shall not be exercised in the territorial sea of any State other than Sierra Leone without the authority of the Minister (i) requested assistance of Sierra Leone for of Defence, who shall not give such authority unless that State has the purposes of detecting possible consented to the exercise of those powers. serious criminal offences and taking appropriate action; or

46 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 47 (7) A certificate purporting to be issued by or on behalf (3) Without prejudice to the generality of subsections of the government of any State to the effect that the importation or (1) and (2), an authorised person may– exportation of a drug is prohibited by the law of that State shall be evidence, and in Sierra Leone conclusive evidence, of the matters (a) open any container; stated in the certificate. (b) make tests and take samples of anything on Power to 49. (1) For the purpose of this Part, an authorised person the ship; stop, board, divert and may stop a ship, board it and, if he thinks it necessary for the exercise detain ship. of his functions, require it to be taken to a port in Sierra Leone and (c) require the production of documents, books detain it there. or records relating to the ship or anything on it; (2) Where an authorised person is exercising his powers with the authority of the Minister of Defence pursuant to this section (d) take photographs or copies of anything and sections 48, 50 and 51, he may require the ship to be taken to a whose production he has power to require. port in the convention State in question or, if that State has so requested, in any other State willing to receive it. 51. If an authorised person has reasonable grounds to suspect Powers in respect of that a serious offence has been committed on the ship, he may– suspected offence. (3) The authorised person may require the master or any (a) arrest without warrant anyone whom he has member of the crew to take such action as may be necessary, for the reasonable grounds to suspect has purposes mentioned in subsection (2). committed the offence; and (4) If an authorised person detains a vessel, he shall serve (b) seize and detain anything found in the ship on the master a notice in writing stating that it is to be detained until which appears to him to be evidence of the the notice is withdrawn by the service on the master of a further commission of the offence. notice in writing signed by that person. 52. (1) An authorised person may take with him aboard a Assistance in (5) Notwithstanding any enactment to the contrary, ship to assist in the exercise of powers conferred under this Part, any the exercise where an authorised person has seized any ship in the exercise of his of functions. other person and such equipment or materials as he thinks fit. powers under this Part, the ship may be brought into Sierra Leone and dealt with in accordance with this Act or any other enactment. (2) A person whom an authorised person takes to assist, may perform any of that person’s functions, but only under the Power to 50. (1) An authorised person may search a ship referred to in search and supervision of the authorised person. obtain section 49, anyone on it, and anything on it, including its cargo. information. 53. An authorised person shall, if so required by any other Evidence of (2) An authorised person may require any person on the authority. person in relation to whom he wishes to exercise any power or carry ship to give information concerning himself or anything on the ship. out any function under this Act, produce evidence of his authority.

48 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 49 Factual 54. If in the prosecution of a person for an offence under this (2) Where a statutory declaration of a person is offered presumptions relating to Act, it is proved that a drug or analogue was found- as proof of continuity of possession under subsection (1), the court possession of may require the person to appear before it for examination or cross- drugs and (a) within the immediate vicinity of the accused; examination in respect of the issue of continuity of possession. analogues. or 59. A copy of any record of a ministry, department, agency, Admissi- (b) on any animal, vehicle, vessel, or aircraft, and local council or other body established by or pursuant to an bility of official that the accused was at the time on or in enactment, or of any statement containing information from the records records. charge of, or that he accompanied, the animal, kept by the ministry, department, agency, local council or other vehicle, vessel, or aircraft, body, purporting to be certified by an official having custody of that document or those records, is admissible in evidence in any it shall be presumed, until the contrary is proved, that the accused prosecution for an offence under this Act, and in the absence of was found in possession of the drug or analogue. evidence to the contrary, is proof of the facts contained in the document, without proof of the signature or official designation of Factual 55. For the purposes of this Act, a person shall be deemed to the person purporting to have certified it. presumption of purpose. have engaged in conduct whether by act or omission, for a particular purpose, if the person engaged in the conduct for purposes that 60. (1) Subject to this section, in any prosecution for an Proof of included that purpose, and that purpose was a substantial purpose. offence under this Act, a certificate or report purporting to be signed certificate report of or by an analyst and stating that an article, sample or substance has scientific Proof of 56. For the purposes of this Act, it shall be competent for any been submitted to, examined and analyzed by the analyst and analysis. street or market value authorised person who is carrying out or has recently carried out, stating the results of the analysis or examination, is admissible in of drug etc. duties relating to the investigation of offences under Part III, to give evidence. evidence in any proceedings under this Act as to the street or market value in Sierra Leone of any drug, analogue or controlled chemical, (2) In the absence of evidence to the contrary, a certificate and as to the demand for, availability of and other circumstances or report admissible under subsection (1) is proof of the statements pertaining to its sale, supply or distribution, and the court may give contained in it, without proof of the signature, expertise or official such probative weight to that evidence, as it thinks fit. designation of the person appearing to have signed it. Factual 57. If in any prosecution for an offence under this Act it is (3) Without limiting the generality of subsection (1), the presumption relating to proved that a sample which was taken from any substance possesses certificate or report may include a statement in relation to a drug, samples. particular properties, it shall be presumed, until the contrary is proven, analogue or controlled chemical, as to– that the substance possesses the same properties. (a) when and from whom it was received; Proof of 58. (1) In any proceedings under this Act, continuity of (b) what, if any identifying labels or other things continuity of possession of any exhibit tendered as evidence may be proved by accompanied it; possession of exhibits. testimony given under oath or by a statutory declaration of the person claiming to have had it in his possession. (c) what container it was in;

50 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 51 (d) its description and weight; is for the purpose of any proceedings under this Act, conclusive evidence of those facts. (e) if it, or any portion of it, was analyzed– 62. A certificate purporting to be issued by or on behalf of a Proof of (i) the name of the method of analysis; foreign State to the effect that the import or export of a drug, controlled prohibited import or chemical, controlled equipment or controlled material is prohibited export of (ii) the results of the analysis, including its by the law of that State shall for the purpose of any proceedings drug, etc. identity, drug or chemical content; and under this Act, be prima facie evidence of the matters stated in that under foreign law. certificate. (f) how it was dealt with after handling by the analyst, including details of – 63. Any person who– Offence of interfering etc. with (i) the quantity retained; (a) unlawfully interferes with, uses, takes or evidence. disposes of any substance seized under this (ii) the name of the person, if any, to whom Act or any sample thereof; or any retained quantity was given; and (b) unlawfully interferes with or falsifies the (iii) measures taken to secure any retained results of any analysis with the intention of quantity. interfering with the proper course of justice, (4) The party against whom a certificate or report is commits an offence and is be liable on conviction, in the case of an produced under subsection (1) may, with leave of the court, require individual to a fine not less than ten million leones or to a term of the attendance of the analyst for the purpose of cross-examination. imprisonment not less than five years or to both the fine and imprisonment and in the case of a body corporate to a fine not less (5) Unless the court otherwise orders, no certificate or than one hundred million leones. report shall be received in evidence under subsection (1), unless the party intending to produce it has, before the trial, given to the party 64. (1) Except for the purposes of the due administration and Tipping-off. against whom it is intended to be produced, reasonable notice of that enforcement of this Act, no person shall, without lawful authority or intention, together with a copy of that certificate or report. reasonable excuse– Proof that 61. A certificate by the Attorney-General stating that– (a) disclose to another person who is the subject Sierra Leone is party to a of an investigation in respect of an offence Drug Control (a) an International Drug Control Convention Convention. entered into force for Sierra Leone on a alleged or suspected to have been committed specified date; and by that person under this Act, the fact that he is subject to such an investigation or any (b) as at the date of the certificate, the convention details of the investigation; or remains in force in Sierra Leone,

52 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 53 (b) disclose to any other person either the 66. No suit, prosecution or other legal proceedings shall lie Protection of identity of any person who is the subject of against the Government, the Agency, an authorised person or any authorised persons etc. such an investigation or any details of such other person in respect of anything done by or on behalf of the an investigation. Government, Agency or person, with due diligence and in good, faith, in the exercise of any power or the performance of any function (2) A person who contravenes subsection (1) commits under this Act. an offence and is liable on conviction to a fine not less than twenty million leones or to a term of imprisonment not less than five years or 67. (1) An inspector or authorised person who maliciously– Abuse of to both the fine and imprisonment. authority. (a) enters or searches or causes to be entered or Obstruction 65. A person who– searched any place, person or clothing of that of authorised persons, person, or property under the control of a etc. (a) intentionally obstructs an authorised person person; in the performance of his functions; (b) seizes the property of a person on the pretext (b) refuses or fails without reasonable excuse to of seizing or searching for any drug, analogue, comply with the requirement made by an controlled chemical or item of controlled authorized person in the performance of his equipment or material or other property liable functions; or to be forfeited under this Act, or of seizing any record, article or other thing liable to (c) in purporting to give information required by seized under this Act; or an authorised person for the performance of his functions– (c) detains, searches or arrests any person, (i) makes a statement he knows to be false commits an offence and is liable on conviction to a fine not less than in a material particular, or recklessly ten million leones or to a term of imprisonment not less five years or makes a statement which is false in a to both the fine and imprisonment. material particular; or (2) A person who maliciously gives false information (ii) intentionally refuses or fails to disclose leading to the arrest of another person or a search being made pursuant any material information, to this Act commits an offence and is liable on conviction to a fine not less than ten million leones or to a term of imprisonment not less commits an offence and is liable on conviction in the case of a an than five years or to both the fine and imprisonment. individual, to a fine not less than ten million leones or imprisonment for a term not less than five years or to both the fine and imprisonment, 68. (1) Subject to subsection (3), a witness in any Protection of and in the case of a body corporate, to a fine not less than one proceedings under this Act shall not be obliged– informers. hundred million leones.

54 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 55 (a) to disclose the name or address of any (a) if required to do so under this Act or any informer who has given information with other enactment; respect to an offence under this Act, or of (b) when lawfully required to make the disclosure any person who has assisted in detecting, by any court within Sierra Leone; investigating or otherwise assisting with respect to the due administration or (c) for the purposes of any investigation, enforcement of this Act; or prosecution or other proceedings in Sierra Leone or elsewhere; or (b) to answer any question if the answer to it would lead, or would tend to lead, to the (d) for the due administration and enforcement disclosure or discovery of the name, address of this Act. or identity of such informer or person, if the informer or person is not a witness in the (2) Any person who contravenes subsection (1) commits proceedings. an offence and is liable on conviction to a fine not less than five million leones or to a term of imprisonment not exceeding two years (2) If any record which is in evidence or liable to inspection or to both the fine and imprisonment. in any proceedings contains an entry in which the informer or other person is named or described or which might lead to the disclosure or PART VI–MUTUAL ASSISTANCE IN INVESTIGATIONS discovery of the identity of the informer or the person, the court shall AND PROCEEDINGS RELATING TO DRUGS cause all the entries to be concealed from view or to be obliterated so far as may be necessary to protect the identity of the informer or the 70. (1) For the purposes of this Act, all requests to foreign Authority to person. States for legal assistance in investigations and proceedings make requests for legal under this Act, shall be made only by or with the authority of the assistance. (3) If in any proceedings under this Act the court, after Attorney-General. an enquiry into the case, is satisfied that an informer willfully made a (2) A request by a foreign State for assistance in material statement which he knew to be false or did not believe to be investigations and proceedings instituted in that State on any drug- true, or if in any other proceedings the court is of the opinion that related matter shall be made to the Attorney-General. justice cannot be fully done between the parties to the proceedings without disclosure of the name of the informer or other person who (3) Subject to section 71 the Attorney-General may, in has assisted in any investigation or the proceedings under this Act, respect of any request from a foreign State– the court may permit enquiry and require full disclosure concerning the informer or person. (a) grant the request wholly or partly, on such terms and conditions as he thinks fit; Duty to 69. (1) A person who has acquired knowledge in his capacity maintain as analyst, inspector, authorised person or any other person exercising (b) refuse the request wholly or partly, on the secrecy. ground that to grant the request would be powers or performing functions under this Act shall not make a record of or divulge or communicate to any other person, any information likely to prejudice the sovereignty, security acquired by him whether directly or indirectly in the course of an or other essential public interest of Sierra investigation under this Act except– Leone; or

56 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 57 (c) postpone the request, wholly or partly on (g) transfer to Sierra Leone, a person in the the ground that to grant the request foreign State who consents to assist Sierra immediately would be likely to prejudice the Leone in the relevant investigation or conduct of an investigation or proceeding in proceedings; Sierra Leone. (h) transfer in custody to Sierra Leone, a person Limitation on 71. The Attorney-General shall not comply with a request if detained in the foreign State who consents compliance with requests. the action sought by the request is contrary to the Constitution of to assist Sierra Leone in the relevant Sierra Leone. investigation or proceedings; Nature of 72. (1) The Attorney-General may request a foreign State to– (i) provide any other form of assistance in any requests. investigation commenced or proceeding (a) obtain information, documents or other instituted in Sierra Leone that involves or is articles for the purpose of an investigation likely to involve the exercise of a coercive or proceeding under this Act; power over a person or property believed to be in the foreign State; (b) obtain evidence or documents or other articles produced in evidence in the foreign (j) permit the presence of nominated persons State; during the execution of any request made (c) obtain and execute search warrants or other under this Act; lawful instruments authorising a search for things believed to be located in that foreign (k) provide such other form of assistance in any State, which may be relevant to investi- investigation or proceeding pursuant to this gations or proceedings in Sierra Leone, and Act, as he may think fit. if found, seize them; (2) Subsection (1) shall apply mutatis mutandis to (d) locate or restrain any property believed to be requests from foreign States subject to such modification and the proceeds of serious crime and located in adaptation as may be necessary to give full effect to the request. the foreign State; (e) confiscate or forfeit any property believed to 73. (1) A request for assistance from a foreign State, shall– Contents of requests from be located in the foreign State, which is the foreign States. subject of a confiscation order or forfeiture (a) indicate the name of the authority conducting order made under this Act; the investigation or proceeding to which the request relates; (f) transmit to Sierra Leone any confiscated or forfeited property or any proceeds realized (b) give a description of the nature of the from the property or any relevant evidence, proceeding and a statement setting out a documents, articles or things; summary of the relevant facts and laws;

58 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 59 (c) give a description of the purpose of the 75. Evidence taken pursuant to a request in any proceedings Evidence request and of the nature of the assistance in a court of a foreign State shall be received as prima facie evidence obtained abroad. being sought; in any proceedings to which such evidence relates. (d) in the case of a request to restrain or 76. (1) The effect of a request under paragraph (g) of Consensual confiscate property believed on reasonable subsection (1) of section 72 shall be to authorise the entry into and transfer of grounds to be located in the requested State, persons in departure from Sierra Leone of the person who is the subject of the foreign State. give details of the offence in question, request, as well as the presence of the person in Sierra Leone for as particulars of any investigation or proceeding long as is necessary for the purposes of the request. commenced in respect of the offence, and be accompanied by a copy of any relevant (2) Where the person who is the subject of a request restraining, confiscation or forfeiture order; under paragraph (h) of subsection (1) of section 72 is in custody in (e) include a statement setting out any wishes the foreign State by virtue of a sentence or order of a court exercising of the requesting State concerning any criminal jurisdiction, the effect of the request shall be to authorise the confidentiality relating to the request and the detention in custody of the person- reasons for those wishes; (a) while in transit to and from Sierra Leone; and (f) give details of the period within which the requesting State wishes the request to be (b) while in Sierra Leone, complied with; (g) where applicable, give details of the property at such place or places as the Attorney-General may specify. to be traced, restrained, seized, confiscated (3) A person who is in Sierra Leone pursuant to a request or forfeited and of the grounds for believing under subsection (1) of section 72 shall not- that the property is located in Sierra Leone; (a) be detained, prosecuted or punished for any (2) A request for mutual assistance from a foreign State offence that is alleged to have been may be granted, if necessary after consultation, notwithstanding that committed, or was committed, prior to that the request, as originally made, does not comply with subsection (1). person’s departure from the foreign State, pursuant to the request; (3) A request shall be in writing including facsimile transmitted writing, dated and signed by or on behalf of the person (b) be subject to any civil suit in respect of any making the request. act that occurred or is alleged to have occurred, prior to that person’s departure Order for 74. The Attorney-General may in respect of any proceedings from the foreign State; person in underthis Act, apply to the court for an order directed to any person foreign State to deliver resident in a foreign State to deliver himself or any document or (c) be required to give assistance in any himself. material in his possession or under his control to the jurisdiction of investigation or give evidence or produce any the court or, subject to the approval of the foreign State, to the document or thing in any proceedings in jurisdiction of the court of the foreign State for the purpose of giving Sierra Leone other than the investigation or evidence in such proceedings. proceedings to which the request relates;

60 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 61 (d) be required to give evidence or produce any (4) The Court shall conduct such proceedings as are document or thing in any proceedings in necessary to take the evidence of any person delivering himself to Sierra Leone other than the investigation or its jurisdiction pursuant to paragraph (a) of subsection (2) and the proceedings to which the request relates. evidence shall subsequently be transmitted by the Attorney-General, (4) Subsection (3) shall cease to apply when the person to the foreign State. leaves Sierra Leone or has had the opportunity to leave, but remains in Sierra Leone for more than ten days after the Attorney-General has 78. (1) Notwithstanding the provisions of any enactment to Requests to notified the person in writing, that he is no longer required for the the contrary, where the Attorney-General grants a request by a foreign Sierra Leone for search purposes of the request. State to obtain or execute a search warrant for the purpose of an warrants. investigation or proceedings in relation to an offence under a Requests to 77. (1) Subject to section 71, the Attorney-General or any corresponding law of that State, the Attorney-General shall apply to Sierra Leone person authorized by him in that behalf, may, upon application to the for evidence the court for the assistance requested. etc. court and upon production to the court, as the case may, be of a request accompanied by an order issued by a court, of a foreign State (2) Where on an application the court is satisfied that– to obtain evidence, accompanied by an order issued by a court of the foreign State directed to any person within the jurisdiction of the (a) a proceeding or investigation relating to a court to deliver himself or any document or material in his possession drug-related offence has commenced in the or under his control to the jurisdiction of the court of the foreign foreign State; and State, for the purpose of giving evidence in specified proceedings relating to an offence under a corresponding law of that State, obtain an order directed to that person in the same terms as in the order (b) there are reasonable grounds for believing accompanying the request. that anything relevant to the investigation or proceeding, is located in Sierra Leone, (2) Upon being served with an order issued in accordance with subsection (1), the person served shall, for the purpose of the the court may issue a warrant to enter any premises belonging to or in order either– the possession or under the control of any person named in the (a) deliver himself to the jurisdiction of the court; warrant, search the premises and remove any document, material or or other thing for the purpose of executing the request as directed in the warrant. (b) deliver himself to the jurisdiction of the court of the foreign State, 79. (1) Where the Attorney-General approves a request of a Consensual transfer of in accordance with the directions in the order. foreign State to have a person who is detained in custody in Sierra persons in (3) If a person served with an order issued in accordance Leone by virtue of a sentence or order of a court exercising its Sierra Leone. with subsection (1) elects to deliver himself to the jurisdiction of the criminal jurisdiction, transferred to a foreign State to give evidence or court of the foreign State and fails to comply with any direction in assist in an investigation or proceeding in that State relating to an the order, he shall be deemed immediately to have delivered himself offence under a corresponding law of that State, the Attorney-General to the jurisdiction of the court as provided in paragraph (a) of or a person authorized by him in that behalf shall apply to the subsection (2). court for a transfer order.

62 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 63 (2) The Court to which an application is made under (a) any document relevant to – subsection (1) may issue a transfer order where it is satisfied, having considered any documents filed or information given in support of (i) identifying, locating or quantifying any the application, that the detained person consents to the transfer. property; or (3) A transfer order shall– (ii) identifying or locating any document (a) set out the name of the detained person and necessary for the transfer of any his current place of confinement; property, (b) order the person who has custody of the belonging to or in the possession or under the control of any person detained person to deliver him into the named in the request be delivered to the Attorney-General; custody of a person who is designated in the order or who is a member of the class of (b) a financial institution produces forthwith to persons so designated; the Attorney-General or any person authorised by him in that behalf, all (c) order the person receiving him into custody information obtained by the institution about to take him to the foreign State and, on return any business transaction conducted with the of the detained person to Sierra Leone, to institution by or for a person named in the return that person to a place of confinement request during such period as the court in Sierra Leone specified in the order or to directs. such other place of confinement as the Attorney-General may subsequently notify 81. (1) Subject to section 71, the Attorney-General or any Request for to the foreign State; person authorised by him in that behalf may, on application to the freezing or forfeiture of court and on production to the court of a request from a foreign State property. (d) state the reasons for the transfer; and for freezing or forfeiture of property believed to be the property of or in the possession or under the control of a person named in the (e) fix the period of time at or before the expiration request, obtain an order– of which the detained person must be returned, unless varied for the purposes of (a) freezing the property of or in the possession the request by the Attorney-General. or under the control of the person named in the request for such period as is indicated in (4) The time spent in custody by a person pursuant to a the order; transfer order shall count toward any sentence required to be served by that person, so long as the person remains in such custody and is (b) giving directions in respect of that property of good behaviour. for the purpose of – Property 80. The Attorney-General or any person authorised by him in (i) determining any dispute as to tracking, that behalf, may, upon application to the court and upon production ownership of or other interest in the etc. for property or any part thereof; foreign State. to the court of a request from a foreign State to locate or restrain any property believed to be located in Sierra Leone or to be the proceeds (ii) its proper administration during the of any drug-related offence, obtain an order that – period of freezing;

64 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 65 (iii) the payment of debts, incurred in good has been made or may be made requiring the faith, due to creditors prior to the delivery or production of any document request; under this Part, to divulge that fact or other information to another person whereby the (iv) the payment of moneys to that person investigation is likely to be prejudiced. for the reasonable subsistence of that 84. Where the Attorney-General considers it appropriate, either Sharing of person and his family; and in accordance with an international arrangement or in the interests of proceeds. comity, he may order that the whole or any part of any property (v) the payment of costs and other expenses forfeited under this Part, or the value thereof, be given or remitted to to defend any criminal proceedings the foreign State. referred to in the request; and PART VII–FUND FOR PREVENTION AND CONTROL OF DRUG ABUSE (c) forfeiting the property of or in the possession or under the control of any person named in 85. (1) There is hereby established a fund to be known as Fund for the request. the Sierra Leone Fund for the Prevention and Control of Drug Abuse. prevention and control of (2) The Fund shall consist of– drug abuse. (2) A request for forfeiture shall have attached to it a copy of the final forfeiture order by the court and a statement signed (a) all moneys appropriated by Parliament for the by a judge of that court to the effect that no further appeal against purposes of the Fund; such order can be made. (b) all moneys payable to the Agency under a mutual assistance agreement; Requests not 82. A request shall not be invalidated for the purpose of any to be in- (c) all voluntary payments, grants or gifts made validated. proceedings by virtue of any failure to comply with section 73, if the by any person or body for the purposes of Attorney-General is satisfied that there is sufficient information to the Fund; and enable an effective execution of the request. (d) any income derived from the investment of Interfering 83. It is an offence– any amount credited to the Fund. with mutual assistance (a) for any person to falsify, conceal, destroy or (3) The Fund shall be applied to meet the expenses orders. otherwise dispose of or cause or permit the incurred in carrying out and furthering the purposes of this Act, and falsification, concealment, destruction or in particular, in– disposal of any document or material which (a) preventing drug abuse and drug trafficking; he knows or has reasonable grounds for believing that it is or is likely to be relevant to (b) detecting, investigating and prosecuting the execution of any order made in offences under this Act; accordance with this Part; (c) giving or receiving legal assistance under mutual assistance agreements; (b) for any person who knows or has reasonable grounds for believing that an investigation (d) contributing to the activities of inter-govern- for an offence under this Act has been, is mental bodies specializing in the fight against being or is about to be made, or that an order illicit traffic in and abuse of drugs; and

66 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 67 (e) assisting the victims of drug abuse. 90. The Minister may, by statutory instrument, make an order Power to amend Administration 86. (1) The Fund shall be administered by the Agency in to amend any of the Schedules. Schedules. of Fund. accordance with any enactment regulating the administration of public monies. 91. The Minister may, by statutory instrument, make regulations Regulations. for carrying out the provisions of this Act. PART VIII–MISCELLANEOUS Cap 154 92. (1) The Dangerous Drugs Act is repealed. Repeal and Power to 87. The Executive Director may either generally or specifically savings. delegate. delegate to any officer of the Agency, a ministry, department, local council, or other body established by or pursuant to an enactment all (2) Notwithstanding the repeal effected by or any of his powers under this Act, except– subsection (1)– (a) the power of delegation; and (a) any rules, orders, regulations, notices or other (b) the power to authorise the boarding of ships instruments issued under the repealed under Part V. enactment and in force immediately at the Offences by 88. (1) Subject to subsection (2), where an offence under commencement of this Act, shall continue in body of this Act is committed by a body of persons– force until their expiration or until their express persons. revocation or replacement; (a) if the body of persons is a body corporate, every director or officer of that body (b) all legal proceedings and claims which corporate shall be deemed to have committed that offence; immediately before the commencement of this Act were pending under the repealed (b) if the body of persons is a firm, every partner enactment shall be continued or enforced by of that firm shall be deemed to have or against any person in the same manner as committed that offence. they would have been continued or enforced (2) A person shall not be deemed to have committed an if this Act had not been enacted. offence by virtue of subsection (1) if he proves that the offence was committed without his knowledge or connivance and that he exercised 93. This Act shall be in addition to and not in derogation of the Act to all due care and diligence to prevent the commission of that offence. prevail. Pharmacy and Drugs Act, 2001 but where there is any inconsistency General 89. Any person convicted of an offence under this Act for or conflict between this Act and the Pharmacy and Drugs Act, 2001 Act No. 12 of penalty. 2001. which no penalty is specifically provided shall be liable in respect of or any other enactment, this Act shall to the extent of the such offence, to a fine not less than ten million leones or to a term of inconsistency or conflict prevail. imprisonment not less than five years or to both the fine and imprisonment.

68 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 69 Betameprodine Hydromorphone (4-cyano-l-methyl- FIRST SCHEDULE Betamethadol Hydroxypethidine 4-pheny-piperidine) Prohibited Drugs Betaprodine Isomethadone Pethidine Bezitramide Levomethorphan Intermediate B Acetorphine Acetyl-alpha-methyl- methyl-3-fentanyl Clonitazene Levomoramide (4-phenylpiperidine-4- Desomorphine fentanyl methyl-3-thio- Coca (leaf) Levophenacylmorphan carboxylic acid Etorphine Alphacetylinethadol fentanyl Cocaine Levorphanol ethyl ester) Heroin Alpha-methylfentanyl MPPP Codoxime Metazocine Pethidine Ketobemidone Beta-hydroxyfentanyl Para-fluorofentanyl Concentrate of poppy Methadone intermediate C Brolamphetamine Beta-hydroxy-methyl-3- PEPAP Straw Methadone intermediate (1-methyl-4- Cathinone fentanyl Thiofentanyl Dextromoramide (4-cyano-2-dimethyl- phenylpiperidine- DET Etryptamine Parahexyl Diampromide amini-4,4-diphenyl 4-cerboxylic acid) DMA (+)-Lysergide PMA butane) Phenedoxone DMHP MDA Psilocine, psilotsin Diethylthiambutene Methyldesorphine Phenampromide DMT Mescaline Psilocybine Difenoxin Methyldihydromorphine phenzocine DOET Methcathinono Rolicyclidine Dihydromorphine Metopon Phenomorphan Eticyelidine methyl-4-aminorex STP,DOM Dimenoxadol Moramide Phenoperidine Acetylmethadol MMDA Tenamphetamine Dimepheptanol Morpheridine Piminodine Alfentanil MDMA Tenocyclidine Dimethylthiambutene Morphine Piritramide Allylprodine N-ethylMDA Terrahydrocannabinol Dioxaphetyl butyrate Morphine methobromide Proheptazine Alphamaprodine N-hydroxyMDA TMA Diphenoxylate and other pentavalent Properidine Alphamethadol Ethylmethyl- Normorphine Dipipanone nitrogen morphine Racemethorphan Alphamethylthio- Thiambutene Norpipanone Drotebanol derivatives Racemoramide Fentanyl Etonitazene Opium Ecgonine Morphine-N-oxide Racemorphan Alphaprodine Etoxeridine Oxycodone Its esters and Myrophine Sufentanil Anileridine Fentanyl Oxymorphone Derivatives Nicomorphine Thebacon Benzethidine Furethidine Pethidine Noracymethadol Thebaine Benzylmorphine Hydrocodone Pethidine Norlevorphanol Tilidine Betacetylmethadol Hydromorphinol intermediate A Normethadone Trimeperidine

70 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 71 Brotizolam Halazepam Pemoline SECOND SCHEDULE Butobarbital Haloxazolam Phendimetrazine High-risk Drugs Camazepam Ketazolam Phenobarbital Cannabis Kumbejara Acetyldihydrocodine Ethylmorphine Pholcodine Cannabis resin Dextropropoxyphene Nicodicodine Propiram Chlordiazepoxide Lefetamine Phentermine Norcodeine Nicocodine Dihydrochdeine Clobazam Loprazolam Pinazepam Clonazepam Lorazepam Pipradrol Phenmetrazine Amphetamine Methamphetamine Clorazepate Lormetazepam Prazepam racemate Dexamphetamine Methamphetamine Clotiazepam Mazindol Pyrovalerone Seconarbital Fenetylline Methaqualone Cloxazolam Medazepam Secbutabarbital Methylphenidate Zipeprol Levamphetamine Delorazepam Mefenorex Temazepam Mecloqualone Phencyclidine Diazepam Meprobamate Tetrazepam Esrazolam Mesocarb Triazolam Ethchlorvynol Methylpheno-barbital Vinylbital

THIRD SCHEDULE Risk Drugs Amobarbital Cathine Pentazocine Buprenorphine Cyclobarbital Pentobarbital Butalbital Glutehimide Flunitrazepam

FOURTH SCHEDULE Toxic Chemical Inhalants Allobarbital Ethinamate Methylprylon Alprazolam Ethyl loflazepate Midazolam Aminorex Etilamphetamine Nimetazepam Amphepramone Fencamfamin Nitrazepam Barbital enproporex Nordazepam Benxphetamine Fludiazepam Oxazepam Bromazepam Flurazepam Oxazolam 72 No. 10 National Drugs Control Act 2008 No. 10 National Drugs Control Act 2008 Passed in Parliament this 31st day of July, in the year of our Lord two thousand and eight. VICTOR A. KAMARA, Clerk of Parliament. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correct printed copy of the said Bill. VICTOR A. KAMARA, Clerk of Parliament. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. GAZETTE NO. 38 OF 7TH AUGUST, 2008.