National Drugs Control Act, 2008

Number of Act:

Date of assent:

07 August 2008

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Signed this 5th day of August, 2008

DR. ERNEST BAI KOROMA,

President.

The National Drugs Control Act, 2008.

Being an Act to establish the National Drug Law Enforcement Agency; to provide for the control of and prevention of abuse of narcotic drugs; to implement the provisions of International Drug Control Conventions, and to provide for other related matters.

Enacted by the President and Members of Parliament in this present Parliament assembled.

ACT

Supplement to the Sierra Leone Gazette Vol. CXXXIX, No. 38 dated 7th August, 2008

THE NATIONAL DRUGS CONTROL ACT, 2008 ARRANGEMENT OF SECTIONS

Section

PARTI-PRELIMINARY

1. Interpretation.

PART II-ESTABLISHMENT OF THE NATIONAL DRUG LAW ENFORCEMENT AGENCY

2. Establishment of the National Drug Law Enforcement Agency.

3. Functions of Agency.

4. Executive Director and other staff of Agency.

5. Advisory Council.

6. Functions of Advisory Council.

PART III-DRUG ABUSE, DRUG TRAFFICKING AND RELATED OFFENCES

7. Prohibition of manufacture, cultivation, importation and exportation of drugs, etc.

8. Prohibition of possession and use of drugs, etc.

9. Prohibition of acquisition of property derived from drug offence.

10. Prohibition of possession of equipment for manufacture of drugs, etc.

11. Prohibition of laundering proceeds derived from drug offence.

12. Additional orders.

13. Grounds for aggravation.

14. Suspension of sentences.

15. Attempts, conspiracy, aiding, abetting, etc.

16. Assisting in commission of offence abroad.

17. Burden of proof.

PARTIV-TREATMENT AND REHABILITATION OF OFFENDERS

18. Treatment assessment panels.

19. Treatment orders.

20. Suspension of penalties.

21. Discharge of penal provisions.

22. Revocation of suspension order.

23. Offences in relation to treatment orders.

PART V-ADMINISTRATION, COMPLIANCE AND ENFORCEMENT

24. Agency to serve as focal point.

25. Agency staff to exercise police powers.

26. Appointment of inspectors.

27. Duty to account for drugs, controlled chemicals and equipment.

28. Exercise of powers by inspectors.

29. Inspection of approved treatment centres.

30. Inspectors to produce authority.

31. Obstruction of inspectors, etc.

32. Application for warrant.

33. Effect of warrant.

34. Admissibility of evidence obtained under warrant.

35. Undercover and controlled delivery operations.

36. Monitoring of mails.

37. Access to computer systems.

38. Search warrants.

39. Search or seizure without warrant in emergencies.

40. Search of persons and clothing.

41. Search of internal body cavity.

42. Temporary detention of certain suspects.

43. Power to destroy cannabis and other unlawful crops.

44. Collection and processing of evidence at seizures.

45. Designation of analysts.

46. Sampling and analysis of bulk seizures.

47. Early disposal of seized drugs, etc.

48. Special enforcement powers.

49. Power to stop, board, divert and detain ship.

50. Power to search and obtain information.

51. Powers in respect of suspected offence.

52. Assistance in the exercise of functions.

53. Evidence of authority.

54. Factual presumptions relating to possession of drugs and analogues.

55. Factual presumption of purpose.

56. Proof of street or market value of drug, etc.

57. Factual presumption relating to samples.

58. Proof of continuity of possession of exhibits.

59. Admissibility of official records.

60. Proof of certificate or report of scientific analysis.

61. Proof that Sierra Leone is party to Drug Control Convention.

62. Proof of prohibited import or export of drug, etc, under foreign law.

63. Offence of interfering, etc. with evidence.

64. Tipping-off

65. Obstruction of authorised persons, etc.

66. Protection of authorised persons, etc.

67. Abuse of authority.

68. Protection of informers.

69. Duty to maintain secrecy.

PART VI-MUTUAL ASSISTANCE IN INVESTIGATIONS AND PROCEEDINGS RELATING TO DRUG OFFENCES

70. Authority to make requests for legal assistance.

71. Limitation on compliance with requests.

72. Nature of requests.

73. Contents of requests from foreign States.

74. Order for person in foreign State to deliver himself.

75. Evidence obtained abroad.

76. Consensual transfer of persons in foreign State.

77. Requests to Sierra Leone for evidence, etc.

78. Requests to Sierra Leone for search warrants.

79. Consensual transfer of persons in Sierra Leone.

80. Property tracking, etc. for foreign State.

81. Request for freezing or forfeiture of property.

82. Requests not to be invalidated.

83. Interfering with mutual assistance orders.

84. Sharing of proceeds.

PART VII-FUND FOR PREVENTION AND CONTROL OF DRUG ABUSE

85. Fund for prevention and control of drug abuse.

86. Administration of Fund.

PARTVIII-MISCELLANEOUS

87. Power to delegate.

88. Offences by body of persons.

89. General penalty.

90. Power to amend Schedules

91. Regulations.

92. Repeal and savings.

93. Act to prevail.

FIRST SCHEDULE Prohibited Drugs.

SECOND SCHEDULE High-Risk Drugs.

THIRD SCHEDULE Risk Drugs.

FOURTH SCHEDULE Toxic Chemical Inhalants.

PART I-PRELIMINARY

1. (1) In this Act unless the context otherwise requires-

"analogue" means any substance not listed in any Schedule to this Act, and whose chemical structure is substantially similar to any drug whose psychoactive effects are simulated by such substance;

"analyst" means a person designated as such under section 45;

"approved treatment centre" includes a hospital, nursing home, hostel, health facility or other institution designated from time to time by the Minister as an approved treatment centre to provide treatment for drug abusers or drug dependent persons;

"Attorney-General" means the Attorney-General and Minister of Justice;

"authorised person" means-

(a) an officer, servant or agent of the National Drug Law Enforcement Agency authorised by the Executive Director to exercise any power or to perform specified duties under this Act;

(b) a member of the Police Force of Sierra Leone; or

"cannabis" means any part of the cannabis plant (including the seeds and leaves) from which cannabis resin has not been extracted;

"cannabis plant" means any plant of the genus cannabis;

"cannabis resin" means the separated resin, whether crude or purified, obtained from the cannabis plant;

"coca bush" means the plant of any of the species

Ervthroxylon:

"controlled chemical" means such substance as the Minister may prescribe as such;

"controlled delivery" means the investigative technique of allowing an unlawful or suspect consigmnent of a drug, an analogue, a chemical, an innocuous substitute substance, an item of controlled equipment or controlled material or property believed to be derived directly or indirectly from any offence, to pass into, through or out of Sierra Leone under the supervision of an authorised person, with a view to gathering evidence to identify any person involved in any serious offence, or to facilitate prosecution of that offence;

"controlled equipment" means such equipment as the Minister may prescribe as such;

"controlled material' means such material as the Minister may prescribes as such;

"convention State" means a party to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988;

"court" means the High Court;

"cultivate" includes planting, sowing, scattering the seed, growing, nurturing, tending or harvesting, and also includes the separation of opium, coca leaves, cannabis and cannabis resin from the plants from which they are obtained;

2008

"data" means representations, in any form, of information or concepts;

"dentist" means any person who is registered and Act No. 12 entitled under the Medical Practitioners and Dental of 1994. Surgeons Act, 1994 to practise the profession of dentistry;

"document" means any record of information, and includes-

(a) anything on which there is writing;

(b) anything on which there are marks, figures, symbols, or perforations having meaning for persons qualified to interpret them;

(d) a map, plan, drawing, photograph or similar tiling;

"drug" means a prohibited drug, high-risk drug, a risk drug or a preparation;

"drug abuser" in relation to a drug or analogue, means

any person who uses it-

(a) without a medical prescription; and

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

"drug dependent person" in relation to a drug or analogue, means any person who has a condition such that-

(a) administration of the drug to him results in the person demonstrating impaired control in relation to the use of that drug, or drug-seeking behaviour suggesting such impaired control; or

(b) cessation of the administration of the drug is likely to result in the person experiencing symptoms of mental or physical distress or disorder;

"encapsulating machine" means any device which is used to fill shells, capsules or other containers with a drug or analogue in whatever physical form;

"foreign State" means any country other than Sierra Leone and every constituent part of such country, including a territory, dependency or protectorate, which administers its own laws relating to drugs, analogues, controlled equipment and controlled materials;

"high-risk drug" means a substance listed in the Second Schedule;

"inspector" means any person appointed inspector under section 26;

"institution" means a hospital, nursing home or other institution used for the accommodation, treatment and care of persons suffering from physical or mental conditions;

"International Drug Control Convention" means-

(a) the Single Convention on Narcotic Drugs done at New York on 30 March 1961, as amended by the 1972 Protocol amending the Single Convention done at Geneva on 25 Mach 1972;

(b) the Convention Against Psychotropic Substances done at Vienna on 21 February 1971;

(c) the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances done at Vienna on 20 December 1988; and

(d) any other international convention or protocol or other instrument amending an international convention relating in whole or in part to drugs, controlled chemicals or controlled equipment to which Sierra Leone may become party after the commencement of this Act;

"manufacture" in relation to a drug, analogue, controlled chemical or controlled material includes-

(a) carrying out any process by which such drug, analogue, controlled chemical or controlled material is produced;

(b) formulating, preparing, mixing, extracting, refining, compounding or packing such drug, analogue, controlled chemical or controlled material;

(c) transforming such drug, analogue or controlled chemical or controlled material into another drug, analogue or controlled chemical or controlled material, and

(d) making a drug into dosage form;

"medical practitioner" means any person who is registered and entitled under the Medical Practitioners and Dental Surgeons Act, 1994 to practise the profession of medicine;

"Minister" means the Minister responsible for internal affairs;

"minor" means an individual who is below the age of eighteen years;

"opium poppy" means the plant of the species

Papaver somniferum:

"pharmacist" has the meaning assigned to it in the Pharmacy and Drugs Act, 2001;

"place" includes any land (whether vacant, enclosed or built upon, or not), and any premises;

"practitioner" means a dentist, medical practitioner or veterinary surgeon, and any person who is entitled under the laws of Sierra Leone to practice any other profession whose members may lawfully prescribe, dispense or administer any drug;

"premises" includes the whole or any part of a structure, building, aircraft, vessel or vehicle;

"preparation" means a solution or mixture in whatever physical state, containing a drug or a controlled chemical;

"prescription" means a written direction by a practitioner that a stated amount of a drug be dispensed for the person named in it or for the treatment of an animal;

"proceedings" means any procedure conducted by or under the supervision of a judge, magistrate or judicial officer however described in relation to any alleged or proven offence or property derived from such offence and includes an inquiry, investigation or preliminary or final determination of facts;

"prohibited drug" means a substance listed in the First Schedule;

"property" means real or personal property of every description, whether situated in Sierra Leone or elsewhere and whether tangible or intangible, and includes an interest in such property;

"property derived from an offence" means any property derived or realized directly or indirectly from a serious offence and includes, on a proportional basis, any other property into which any property derived from an offence is successively converted, intermingled or transformed, as well as income, capital or other economic gain derived or realized from such converted, intermingled or transformed property;

"record" means any material on which data is recorded or marked and which is capable of being read or understood by a person, computer system or other device;

"risk drug" means a substance listed in the Third Schedule;

"serious offence" means-

(a) an offence under Part III;

(b) an offence under any other enactment in force in Sierra Leone the maximum penalty for which is death or imprisonment for a term of not less than twelve months;

(c) an offence under a law of a foreign State, in relation to an act or omission, which, had it occurred in Sierra Leone, would have constituted an offence for which the maximum penalty is death or imprisonment for a term of not less than twelve months;

"Sierra Leone aircraft" means an aircraft that is-

(a) registered in Sierra Leone or exempted from registration, under the Aviation Act, 2008;

(b) owned wholly or partly by or in the possession or control of the Government of Sierra Leone or any local council; or

(c) owned by or in the service of the Armed Forces of Sierra Leone including an aircraft that is being commanded by or piloted by a person in the course of his duties as a member of those Forces;

(d) registered in a foreign State, and leased to a person ordinarily resident or having a principal place of business, in Sierra Leone;

"Sierra Leone ship" means-

(a) a ship registered or exempted from registration, under the Merchant Shipping Act, 2003;

(b) an unregistered ship that has a Sierra Leone nationality;

(d) a ship that is owned by the Government of Sierra Leone or by a local council; or

(e) a ship that is held by any person on behalf of or for the benefit of the State;

"supply" includes sale, consignment, dispatch, transport, delivery, distribution, dispensing and an offer to supply;

"tabletting machine" means any device which may be used to compact or mould a drug or analogue into a solid tablet;

"toxic chemical inhalant" means a substance listed in the Fourth Schedule;

"transit" means the physical transfer of any drug, analogue, controlled chemical or controlled material into and out of the territory of Sierra Leone without undergoing any customs process or procedure in Sierra Leone and where Sierra Leone is neither its country of origin nor destination;

"treatment" includes medical treatment, therapy or admission to an education or rehabilitation programme, which is aimed at-

(a) preventing drug abusers from further abusing drugs; and

(b) assisting drug-dependent persons to overcome their drug dependence;

"under cover operations" means operations for the purpose of providing a person who may have committed, is about to commit or is committing a serious offence an opportunity to manifest evidence thereof;

"veterinary surgeon" means any person who is registered and entitled under the laws of Sierra Leone to practice the profession of veterinary medicine.

PART II-ESTABLISHMENT OF THE NATIONAL DRUG LAW ENFORCEMENT AGENCY

2. (1) There is hereby established a body to be known as the National Drug Law Enforcement Agency (hereafter referred to as "the Agency").

(2) The Agency shall be headed by the Executive

Director.

3. (1) The Agency shall, in addition to any other functions conferred on it by this Act, have responsibility for-

(a) providing leadership in and coordinating all issues relating to drug control, eradicating drug abuse and the primary causes of drug abuse, illicit drug supply and drug-related crime;

(b) coordinating all drug-related regulatory, enforcement and prosecution functions conferred on any person or authority by any enactment;

(d) ensuring that decisions of the Advisory Council are implemented;

(e) facilitating cooperation and the timely exchange of information between regulatory, law enforcement, criminal justice, demand reduction, scientific and technical agencies in Sierra Leone and abroad, relating to drug and precursor control, demand reduction and drug-related crime;

(f) collecting, collating and disseminating information on drug and drug-related issues to public and private sector agencies and organizations and the wider community, and the conduct of research, analysis and education geared towards the prevention and eradication of drug abuse;

(g) taking such measures that may ensure effective collaboration with government bodies, agencies and non-governmental organizations wherever situate and carrying on functions wholly or partly analogous to those of the Agency;

(h) improving international co-operation against drug trafficking and precursor trafficking by land, sea and air;

(i) encouraging and strengthening co-operation between the office of the Attorney-General, the Sierra Leone Police, the National Revenue Authority, Immigration Department, Ministries of Social Welfare, Health, Transport and Aviation, Internal Affairs, local councils. Prisons Department, other law enforcement agencies and non-governmental organizations, in addressing issues of drug control, reducing drug abuse and its primary causes, and combating illicit drug supply and drug-related crimes;

(j) enforcing and duly administering the provisions of this Act including receiving, investigating or referring to the appropriate authority, any complaint of a suspected or an alleged offence under this Act.

(2) An investigation under paragraph (j) of subsection (1) may be carried out in relation to any of the following matters :-

(a) the nature, location and value of any property suspected on reasonable grounds to be wholly or partly property derived from an offence under this Act; and

(b) the affairs of any person or entity, to determine the manner and circumstances in which that person or entity acquired, used, controlled or disposed of such property.

(3) Subject to the general or specific direction of the Attorney-General, the Agency may-

(a) take charge of the conduct of proceedings against any person in respect of any offence under this Act;

(b) institute and conduct proceedings before any court in Sierra Leone with a view to the restraint, confiscation or forfeiture of any property being the proceeds or instrumentality of any offence under this Act.

(4) For the purpose of inquiring into and ascertaining whether property is the proceeds of or an instrumentality of an offence under this Act, the Agency may, by notice in writing require any person to furnish it within such period as is specified in the notice, such relevant information, returns, accounts, books or other documents in the custody of such person as the Agency may consider fit and proper within the circumstances.

(5) A person who fails to comply with a requirement under subsection (4) commits an offence and is liable on conviction to a fine not less than twenty million leones or to imprisonment for a term not less than five years or to both the fine and imprisonment.

4. (1) The Executive Director of the Agency, shall be appointed by the President subject to the approval of Parliament.

(2) The Executive Director shall be a person of high personal probity.

(3) The Executive Director shall hold office for a term of three years and thereafter shall be eligible for re-appointment for one additional term only.

(4) As head of the Agency, the Executive Director shall have responsibility for-

(a) the effective performance of its duties and the proper exercise of the powers of the Agency;

(b) the day-to-day management of the affairs of the Agency;

(5) In addition to the Executive Director, the Agency shall have such other staff including investigators and prosecutors as may be required for the efficient performance of its functions.

(6) The Agency may, from time to time, employ such other persons as the Executive Director may consider necessary to assist it in the performance of its functions.

(7) The staff of the Agency shall be public officers.

(8) Other public officers may be seconded or called upon to render assistance to the Agency.

(9) The Executive Director shall, not later than three 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 to be laid before Parliament.

5. (1) There is hereby established a body to be known as the Advisory Council.

(2) The Advisory Council shall consist of a chairman and six other members to be appointed by the President, subject to the approval of Parliament

(3) The members of the Advisory Council shall hold office for a term of three years and thereafter shall be eligible for reappointment for one additional term only.

(4) A member of the Advisory Council may resign his office by writing addressed to the President.

(5) The members of the Council shall be paid such allowances as may be stated in their letters of appointment.

(6) The Advisory Council shall appoint a person to serve as secretary to the Council.

6. (1) The Advisory Council shall-

(a) provide strategic guidance to the Agency in the discharge of its functions and to other institutions having functions similar to those of the Agency;

(b) review and where appropriate recommend revision to the national drug strategy and ensure its effective implementation; and

(2) The Advisory Council shall regulate its proceedings.

PART III-DRUG ABUSE, DRUG TRAFFICKING AND RELATED OFFENCES

7. A person who, without lawful authority-

(a) prepares, extracts, manufactures, produces, or cultivates a prohibited drug;

(b) collects, transports, imports, exports, transships or transmits any prohibited drug;

commits an offence and is liable on conviction to life imprisonment.

8. A person who, without lawful authority-

(a) buys, sells, possesses or has under his control, any drug or uses any drug by smoking, inhaling, sniffing, injecting or otherwise introduces the drug into his body; or

(b) injects any person with or in any manner administers a drug to any person,

commits an offence and is liable on conviction to imprisonment for a term not less than five years.

9. (1) A person who knowingly-

(a) acquires, possesses or uses property that is derived from any offence under this Part; or

(b) converts or transfers property derived from any offence under this Part,

commits an offence and is liable on conviction to a fine not less than twenty million leones or to a term of imprisonment for a term not less than five years or to both the fine and imprisonment.

(2) In addition to the penalty prescribed in subsection (1), the property shall be forfeited to the State.

10. A person who, without lawful authority-

(a) possesses any high risk drug or any material or substance or otherwise, intended to be used in or for manufacture or cultivation of drugs;

(b) manufactures, transports or distributes any material or substance listed in the Second Schedule or otherwise, intended to be used in or for the manufacture or cultivation of drugs;

(d) engages in any activity for the purpose of establishing or promoting any enterprise relating to drugs,

commits an offence and is liable on conviction to a term of imprisonment for five years and the equipment, material or substance shall be confiscated to the State.

11. A person who, without lawful authority, uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner, any property or proceeds of any property with intent to conceal, disguise or convert that property or those proceeds knowing that all or part of that property or of those proceeds was obtained or derived directly or indirectly as a result of-

(a) the commission of an offence under this Act; or

(b) an act elsewhere which if it had occurred in Sierra Leone would have constituted an offence under this Act,

commits an offence and is liable on conviction to a fine not less than thirty million leones or to a term of imprisonment not less than ten years.

12. (1) Where a person has been convicted of an offence under section 8, the court may in addition to the penalty prescribed for that offence, make an order requiring the offender to undergo measures such as treatment, education, aftercare, rehabilitation or social reintegration.

(2) Where a minor has been convicted of an offence under section 8, the court may order as an alternative to the penalty prescribed for that offence, that the minor undergoes treatment, education, aftercare, rehabilitation or social reintegration, as the circumstances may require.

(3) Where the court in sentencing a person convicted under section 8 finds that having regard to the unaggravated nature of the offence or any special circumstances relating to the offence or the offender, the imposition of the prescribed penalty would be harsh or unconscionable, it may sentence the offender to a lesser term of imprisonment or impose a fine of not less than five million leones.

(4) Where a non-citizen or citizen of Sierra Leone by naturalization lias been convicted of an offence under this Part, the court may, in addition to the penalty prescribed for that offence, make an order for-

(a) the withdrawal or cancellation of the visa or citizenship; and

(b) the prohibition from re-entry into or deportation from Sierra Leone,

of that person.

(5) Where a person is convicted of an offence under this Part, the court may in addition to the penalty prescribed for that offence, confiscate or forfeit any equipment or property which is the subject matter of the offence or which has been used for the commission of the offence.

(6) No conveyance used for the commission of the offence shall be forfeited if the offence was committed by a person other than 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 offence was without the knowledge or consent of the owner or person 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 conveyance.

(7) In making an order for forfeiture, the court may give-

(a) directions for the purpose of determining any dispute as to the ownership of or other interest in the property or any part thereof;

(b) directions as to the disposal of the property;

and

(8) On an application by a person in respect of whose property a forfeiture order has been made under this Part, the court may order that a sum determined by the court to be the value of the property, be paid by that person to the court and upon payment of that sum the property shall be returned to him.

13. In determining the nature and extent of any penalty to be imposed in relation to any person convicted of an offence under this Part, the court shall take into account whether-

(a) the person convicted-

(i) belonged to an organized criminal syndicate;

(ii) participated in other illegal activities facilitated by the offence;

(iii) used violence or arms;

(iv) committed the offence in the exercise of a public office or public duty;

(v) added any substance to the drugs which aggravated their danger to a user;

(vi) made use or took advantage of a minor or mentally handicapped person in committing the offence; or

(vii) is in a state of recidivism, in establishing which any convictions pronounced abroad shall be taken into account;

(b) the offence was committed-

(i) by a health professional or person responsible for combating drug abuse or drug trafficking;

(ii) in a teaching or educational institution, a hospital or health care institution, a social service facility or in other place to which school children or students resort for educational, sports or social activities, or in the immediate vicinity of such institution or place; or

(iii) in a penal or correctional institution or a military, police. customs or any other law enforcement establishment;

(c) the person to whom the drug was supplied or offered was a minor, a mentally handicapped person or a person undergoing medical treatment, or whether the use of the drug by such person was facilitated by another;

(d) the drug supplied caused death or seriously impaired the health of another person.

14. Where a person who has been convicted of an offence under this Part is a first offender, the court may suspend the whole 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 not repeat the offence, if it is in the interests of justice and not contrary to the broader public interest, to make such order.

15. An attempt or conspiracy to commit an offence or aiding, abetting, counseling or procuring the commission of an offence under this Part shall be punishable as if the offence had been committed.

16. A person who, being in Sierra Leone assists in or induces the commission outside Sierra Leone of an offence punishable under the law of a foreign State relating in whole or in part to the control of any drug, analogue, controlled chemical, controlled equipment or controlled material, commits an offence.

17. In any proceedings under this Part, the burden of proving that an act was done with lawful authority shall be on the accused person.

PART IV-TREATMENT AND REHABILITATION OF OFFENDERS

18. The Minister shall establish treatment assessment panels comprising four persons appointed by the Minister, two of whom shall be a legal practitioner and a medical practitioner respectively and the other two persons having extensive knowledge of the psychological, physical or social problems connected with the abuse of drugs and analogues for the purpose of assessing the treatment and rehabilitation requirements of offenders.

19. (1) Where a person is convicted of an offence under this Act and the court considers that the person may have been-

(a) under the influence of a drug or analogue at the time of the commission of the offence; or

(b) motivated to commit the offence by a desire either to use drug or analogue or obtain resources to enable its use.

the court may order that the person submit himself for assessment by a treatment assessment panel.

(2) Where the panel recommends that the person should undergo treatment at an approved treatment centre, the court may-

(a) order that the person, during a period of two years or such shorter period as the court may specify, submit himself to the treatment specified in the order or for such other treatment as directed from time to time by the panel; and

(b) specify conditions relating to the supervision of the person, at the approved treatment centre, and periodic attendance before a treatment assessment panel for review and evaluation of treatment and progress.

20. Where the court makes an order under paragraph (a) of subsection (2) of section 19, it may also order that any or all of the penalties prescribed for the offence in question be suspended.

21. Where a person completes treatment ordered under paragraph (a) of subsection (2) of section 19 to the satisfaction of a treatment assessment panel, and within two years from the date of his conviction, commits no further offence under this Act, or any other related enactment, any order made under this Act -

(a) shall be deemed to be fully served and discharged in respect of that person in relation to the offence in respect of which it was made; and

(b) in relation to any other offence, may be discharged by order of the court if it is satisfied that it is in the public interest to

make such an order, following consideration of a report of a treatment assessment panel that the person is fit to return to everyday responsibilities and functions.

22. (1) Where a person fails to complete the course of treatment ordered to the satisfaction of the treatment assessment panel, the court may, on the recommendation of the panel, revoke the order of suspension made under section 20.

(2) Where a suspension order made under section 20 is revoked, any time spent in treatment shall count as time towards the discharge of any relevant orders made under this Act.

23. Any person who, without reasonable excuse, refuses or

fails to-

(a) comply with a treatment order;

(b) inform the authority in charge of an approved treatment centre attended by the person pursuant to a treatment order of any change in that person's address; or

commits an offence and is liable on conviction to a fine not exceeding five million leones or to a term of imprisonment not exceeding two years or to both the fine and imprisonment.

PART V - ADMINISTRATION, COMPLIANCE AND ENFORCEMENT

24. For the purposes of this Act, the Agency shall be the focal point and shall take a lead role in all investigations concerning drugs, analogues, controlled chemicals, controlled materials and controlled equipment in Sierra Leone.

25. The Attorney-General may, by statutory instrument, make regulations-

(a) authorizing designated staff of the Agency to exercise the powers conferred on police officers under the Police Act, 1964 and the Pharmacy and Drugs Act, 2001 in respect of investigations, arrests, detention, entry and search and seizure, subject to such restrictions as are stated in the instrument; and

(b) conferring on the staff of the Agency, such other powers as may be necessary for the effective implementation of this Act.

26. (1) The Minister may designate any staff of the Agency as an inspector for the purposes of this Act.

(2) An inspector shall perform such duties as the Minister may direct.

(3) The Minister shall cause to be issued to an inspector an identity card bearing the name and a recent photograph of the inspector and authorization to perform the duties of inspector under this Act.

27. (1)

Notwithstanding anything to the contrary in any enactment, a person who is registered or holds a licence or permit issued under the Pharmacy and Drugs Act, 2001 for the control, supply, manufacture or in any way dealing with a drug, controlled chemical, controlled equipment or material shall, when required to do so in writing by an inspector, provide the inspector with a statement in writing, signed and dated by the person accounting for each drug, controlled chemical or item of controlled equipment or material in his possession at any time since registration or the grant of the licence, or permit, as the case may be.

(2) Any person who fails or refuses or neglects to comply 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 ten million leones and in the case of a body corporate to a fine not less than one hundred million leones.

Subject to section 30, an inspector may at any time during ordinary business hours with such assistance and force as is reasonably necessary enter any premises or place at which a person who is registered or who holds a licence or permit under the Pharmacy and Drugs Act, 2001, carries on any activity, to ascertain whether this Act is being complied with.

(2) Upon entry into any premises or place pursuant to subsection (1), an inspector may-

(a) require the occupier of the premises to state his name and address;

inspect the premises or place in order to ascertain whether this Act, or a term or condition of any licence or permit granted under the Pharmacy and Drugs Act, 2001 has been or is being complied with;

(c) examine any label, advertising material, register, record, book, electronic data or other document therein relating to any drug, controlled chemical or item of controlled equipment or material;

(d) make an extract from any register, record, book or document or take a copy thereof, and require from any person having the custody of any register, record, book or document, an explanation of an entry in the register, record, book or document;

28. (1)

(b)

(e) open and examine any receptacle or package found in that place in which a drug, analogue, controlled chemical or item of controlled equipment may be found;

(f) examine anything found in that place that is used or may be capable of being used for the manufacture, packaging or storage of a drug, analogue, controlled chemical or item of controlled equipment or material;

(g) use or cause to be used any computer system at that place to examine any electronic data referred to in paragraph (c) or (f), and reproduce any document from the data or cause it to be reproduced in the form of a print-out or other output;

(h) take anything referred to in paragraph (c) or (f) for examination or copying;

(i) use or cause to be used to make copies of any document any copying equipment found at that place;

(j) examine any substance found in that place and take, for the purpose of analysis, such samples thereof as are reasonably required;

seize and detain anything which, in the opinion of the inspector, is connected with, or may provide proof of a contravention of this Act, or a term or condition of any licence or permit granted under the Pharmacy and Drugs Act, 2001, or which the inspector believes on reasonable grounds is necessary for the purpose of ensuring compliance with this Act.

(k)

(3) Where an inspector seizes and detains any substance suspected to be a drug, analogue, controlled chemical or item of controlled equipment or material, he may direct that it be kept or stored at the place where it was seized or be removed to any other suitable place.

(4) Where an inspector determines that for the purpose of ensuring compliance with this Act it is no longer necessary to detain a substance reasonably suspected to be a drug, controlled chemical or item of controlled equipment or material under paragraph (k) of subsection (2), he shall notify in writing, the owner or other person in charge of the place where it was detained, of that determination and, on being issued a receipt therefore shall return the substance to that person.

(5) Where in the ordinary course of duty, an inspector is 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 and provide such further lawful assistance as may be reasonably necessary for the purpose of any investigation or proceeding relating to such offence.

29. (1) Subject to section 30, an inspector may at any reasonable time, with such assistance as is reasonably necessary enter the premises of an approved treatment centre.

(2) Upon entering an approved treatment centre, an inspector may-

(a) inspect the premises and any facilities provided at or equipment used at the premises for or in connection with the provision of treatment or accommodation at the centre;

(b) inspect any drug register, book, record or document kept on the premises relating to such treatment or accommodation;

(c) require the occupier of the premises to produce any drug register, book, record or document or to give to the inspector any information in his possession relating to such treatment or accommodation;

(d) exercise any of the powers referred to in paragraphs (c) to (k) of subsection (2) of section 28 which, for the purposes of this section shall apply mutatis mutandis to the centre.

30. (1) An inspector exercising any powers conferred under section 28 or 29 shall produce his identity card issued under subsection (3) of section 26, to the person in charge of any place entered for the purposes of inspection pursuant to this Act.

(2) Where an inspector fails or refuses to produce his identity card, the occupier of the premises shall not be obliged to comply with any requirement of the inspector.

31. A person who, without reasonable excuse-

(a) obstructs or hinders an inspector in the exercise of the powers or performance of the duties of inspectors under this Act; or

(b) refuses or fails to comply with a reasonable requirement of an inspector who has entered any premises in accordance with this Act,

commits an offence and is liable on conviction to a fine not less than two million leones or to a term of imprisonment not less than twelve months or to both the fine and imprisonment.

32. (1) Where the Executive Director or a police officer not below the rank of Assistant Inspector General of Police lias reasonable grounds to believe that a person has committed an offence or is about to commit an offence under this Act, the Executive Director or the police officer may apply to the court for a warrant.

(2) An application under subsection (1) shall be made for any of the following purposes:-

(a) monitoring, intercepting and recording the communications of a person;

(b) monitoring and recording the conduct and movements of a person;

(3) An application for a warrant shall specify-

(a) the facts relied upon to justify the belief;

(b) that the urgency of the matter is such that it would be impracticable to carry out the investigation using normal investigative procedures and processes or that in the absence of a warrant, it is likely that information critical to the investigation would not be obtained;

(i) the type of communication proposed to be intercepted;

(ii) the type of information, records, documents or things proposed to be obtained; and

(iii) the identity of the person, if known, whose communication is proposed to be intercepted or who has possession of the information, records, documents or tilings proposed to be obtained;

(d) the person or class of persons to whom the warrant is proposed to be directed;

(e) a general description of the place where the warrant is proposed to be executed, provided a general description of that place can be given;

(f) any previous application made in relation to a person referred to in subparagraph (iii) of paragraph (c), the date on which the application was made and the decision of the judge to whom the application was made.

(4) In issuing a warrant, the judge shall specify the period not exceeding thirty days during which the warrant is to be in force and such period may be extended if it is in the interest of justice and not contrary to the public interest to do so.

33. (1) A warrant issued under section 32 shall authorise every person or class of persons to whom it is issued to exercise the powers specified in the warrant for any of the purposes set out in subsection (2) of section 32.

(2) In addition, the warrant shall authorise the provision of reasonable assistance to the person exercising the powers specified in the warrant by any person where the person to be assisted is exercising the powers in accordance with the warrant.

34. Notwithstanding any enactment to the contrary, evidence obtained pursuant to and in accordance with a warrant issued under section 32-

(a) shall be admissible in any proceedings relating to an offence under this Act;

(b) may be communicated to any competent authority-

(i) in Sierra Leone, for the purpose of an investigation or proceeding relating to a serious offence; or

(ii) outside Sierra Leone, for the purpose of a legal assistance request, made or received under Part VI.

35. (1) Where the Executive Director or a police officer not below the rank of Assistant Inspector General of Police suspects on reasonable grounds that any person has committed, or is about to commit, an offence under this Act, he may give approval in writing for-

(a) a controlled delivery to be carried out; and

(b) specified persons or classes of persons to carry out or participate in the controlled delivery.

(2) Notwithstanding any enactment to the contrary, the activities which may be undertaken in the course of and for the purposes of a controlled delivery may include-

(a) allowing any vehicle, vessel, aircraft or other means of transport to enter or leave Sierra Leone;

(b) allowing any-

(i) drug, analogue, controlled chemical or controlled equipment or material or other tiling in or on the vehicle, vessel, aircraft or other means of transport; or

(ii) property believed to be derived directly or indirectly from any offence,

to enter or leave Sierra Leone, or be delivered or collected in Sierra Leone;

(d) allowing any person who has possession or custody of a drug, analogue, controlled chemical, item of controlled equipment or material or other tiling to enter or leave Sierra Leone.

(3) Where the Executive Director or a police officer not below the rank of Assistant Inspector-General of Police suspects on reasonable grounds that any person has committed or is about to commit an offence under this Act, he may give approval in writing for-

(a) undercover operations to be carried out for a specified period; and

(b) specified persons or classes of persons to carry out or participate in the undercover operations for the purpose of gathering evidence in Sierra Leone or elsewhere, relating to the commission of the offence.

(4) An approval shall not be given unless the Executive Director or a police officer not below the rank of Assistant Inspector-General of Police-

(a) suspects on reasonable grounds that any person, whose identity may or may not be known, has committed, is committing or is about to commit an offence under this Act;

(b) is satisfied on reasonable grounds that the proposed undercover operations-

(i) are properly designed to provide the suspect with an opportunity to manifest or provide evidence of that offence; and

(ii) will not give rise to an undue risk that any person not involved in criminal activities would be encouraged to commit a criminal offence they would otherwise not have contemplated.

(5) The Executive Director or a police officer not below the rank of Assistant Inspector-General of Police may from time to time renew an approval given under subsection (3) for periods not exceeding six months.

(6) The Executive Director or a police officer not below the rank of Assistant Inspector-General of Police shall within twenty eight days of giving or renewing an approval, give a copy of the instrument of approval or renewal to the Attorney-General.

(7) Any drug, analogue, controlled chemical, controlled equipment, controlled material or other tiling imported into Sierra Leone in the course of an approved undercover operation or controlled delivery shall, when no longer required for the purposes of the due enforcement of this Act, be liable to be dealt with as if it were a prohibited import for the purposes of the Customs Act.

(8) Notwithstanding any enactment to the contrary, an authorised participant in an undercover operation or a controlled delivery shall not incur criminal liability for taking part in such operation or delivery in accordance with the terms of approval.

36. (1) Notwithstanding any enactment to the contrary, where the Executive Director suspects on reasonable grounds that any consignment by mail may contain evidence of the commission of a serious offence, the Executive Director may give approval in writing to an authorized person to carry out at any time inspections in the postal services in order to detect that consignment, and if found, to detain it for further investigation.

(2) The court may, upon application by a competent authority and if satisfied that there are reasonable grounds to believe

that any consignment detected and detained under subsection (1) may contain evidence of the commission of a serious offence, order an authorized person to-

(a) open the consignment; and

(b) if such evidence is found on opening the consignment, to seize and detain it until further order of the court.

37. (1) Where it appears to the court that a computer system in the custody of any person contains data which may be relevant to proving an offence under this Act, the court may order the person having custody or control of that system to give any authorised person, access to that data.

(2) Any person who, without reasonable excuse, refuses or fails to-

(a) give access as ordered; or

(b) provide reasonable assistance to enable the data to be retrieved and recorded,

commits an offence and is liable on conviction to a fine not less than five million leones or to a term of imprisonment not less than five years or both the fine and imprisonment and in the case of a body corporate to a fine not less than hundred million leones.

38. (1) Where a court is satisfied that there are reasonable grounds to believe that there is in any place-

(a) a drug, analogue, controlled chemical or item of controlled equipment or material in respect of which this Act lias been contravened;

(b) anything in which such a drug, analogue, controlled chemical or item of controlled equipment or material is contained or concealed;

(d) any other tiling that will afford evidence in respect of an offence under this Act,

the court may issue a warrant empowering an authorized person at any time, or at such time as the court may specify in the warrant, to enter the place, search for the drug, analogue, controlled chemical, item of controlled equipment or material or tiling and if found, seize it.

(2) An authorised person who executes a warrant under subsection (1) may-

(a) enter any place named or described in the warrant and search the place for tilings of the kind described in the warrant;

(b) search any person found at or in the place, or any person whom he reasonably believes to be about to enter or to have recently left the place, and any clothing that the person is wearing, or property in the apparent control of the person that the authorized person believes on reasonable grounds, to be connected with the offence;

(3) An authorised person who executes a warrant issued under subsection (1) may seize, in addition to the tilings specified in the warrant-

(a) any drug, analogue, controlled chemical or item of controlled equipment or material in respect of which he believes on reasonable grounds that this Act has been contravened;

(b) anything that he believes on reasonable grounds to contain or conceal such a drug, analogue, controlled chemical or item of controlled equipment or material or tiling;

(d) anything that he believes on reasonable grounds will afford evidence in respect of an offence under this Act.

39. (1) An authorised person may exercise any of the powers in subsections (2) and (3) of section 38 without a warrant if the conditions for issuing a warrant under subsection (1) of that section exist and he believes on reasonable grounds that-

(a) it is necessary to do so in order to prevent the concealment, loss or destruction of any tiling connected with an offence; and

(b) the circumstances are of such seriousness and urgency as to require the immediate exercise of the power without the authority of a warrant issued under subsection (1) of section 38 or of an order of the court.

(2) An authorised person acting under subsection (1)

may-

(a) search any person or the clothing that is being worn by, and property in the apparent control of a person whom he suspects to be carrying anything connected with an offence; or

(b) enter and search any place at or in which he believes on reasonable grounds, that anything connected with an offence is situated; and

(3) An authorised person may, for the purpose of this section detain any person whom he believes on reasonable grounds, is carrying without lawful authority or reasonable excuse, anything connected with an offence under this Act.

(4) An authorised person may, for the purposes of this section, stop any vehicle, vessel or aircraft where he believes on reasonable grounds, that anything connected with an offence is in the vehicle, vessel or aircraft.

(5) Any person aggrieved by the seizure of anything under this section by an authorised person may appeal to the court.

(6) Upon hearing an application under subsection (5), the court may-

(a) confirm the seizure; or

(b) order the release of the tiling seized to the applicant,

subject to such conditions as to the security and continued preservation of the tiling as the court thinks fit.

40. (1) An authorised person may for the purposes of this Part, search the clothing that a person is wearing and may remove or require the person to remove any clothing that he is wearing.

(2) A person shall not be searched under this Act except by an authorised person of the same sex.

41. (1) Where an authorised person has reason to believe that a person is transporting any drug or analogue by concealing it inside his body and the person refuses to submit to a medical examination, he may detain the person for a period not exceeding seventy two hours, pending the obtaining of an order of the court under subsection (2).

(2) Where the court is satisfied that there are reasonable grounds to believe that a person is transporting any drug or analogue by concealing it inside his body and the person has refused without reasonable cause to submit to a medical examination the court may issue an order-

(a) directing the person to submit forthwith to such medical examination including X-ray or other tests as may be reasonably necessary to establish whether the person is transporting a drug or analogue inside his body;

(b) authorising the person to be taken in custody by an authorised person to any place stated in the order for the purpose of having the medical examination carried out; and

(c) authorising any medical practitioner to carry out such examination and to provide such medical treatment as may be reasonable and appropriate in the circumstances.

(3) A person who without reasonable excuse, refuses or fails to submit to a medical examination as directed by order made under subsection (2) commits an offence and is liable on conviction to a fine not exceeding ten million leones or imprisonment for a term not less than two years or to both the fine and imprisonment.

42. Any person suspected on reasonable grounds of having committed an offence, whether or not under this Part, may be arrested and detained for a period not exceeding 72 hours.

43. (1) Subject to subsection (2), where it appears to any authorised person on reasonable grounds, that cannabis plants, coca bushes or opium poppy or any other plants that are a drug are-

(a) growing in the wild; or

(b) being cultivated unlawfully,

he may, without a warrant and with such assistance and force as is reasonably necessary enter any place on or in which such plants are growing and cause them to be uprooted and destroyed.

(2) The powers to uproot and destroy under subsection (1) shall not be exercised unless the authorised person believes, on reasonable grounds, that in all the circumstances-

(a) reasonable samples and other evidence have been collected to properly establish the identity and location of the plants under unlawful cultivation; and

(b) it appears necessary to the authorised person to exercise the powers forthwith, in order to prevent other persons known or unknown froin-

(i) unlawfully harvesting, removing, concealing or using the plants; or

(ii) endangering the life or safety of the authorised person or any other person,

before the plants can be safely seized, secured and disposed of in accordance with normal investigative practices.

44. (1) The authorised person in charge at a seizure scene shall ensure that any material evidence is collected and processed, and in particular that any seized drug, analogue or controlled chemical is properly marked for identification, weighed, counted, sampled, sealed, labeled and, until destroyed or otherwise disposed of in accordance with section 47, preserved for evidentiary purposes.

(2) The authorised person in charge of the seizure shall also prepare a report of the seizure as soon as possible but not later than seven days after seizure, which report shall include particulars of-

(a) the time, place and date of seizure;

(b) the identity of the authorised person who carried out the seizure and all persons present at the place;

(d) a description of the vehicle, vessel, place or person searched and the location where the substance was found;

(e) a description of the substance found;

(f) a description of packaging, seals, and other identifying features;

(g) a description of quantity, volume and units and the measurement method employed;

(h) all subsequent movements of the seized substance; and

(i) any other prescribed matter.

(3) The authorized person in charge of an investigation following a seizure shall ensure that all items of evidentiary value are stored in appropriate conditions for the prevention of loss, theft or any other form of misappropriation as well as accidental or accelerated deterioration.

45. The Minister may designate any appropriately qualified and experienced person or member of a class of persons in Sierra Leone or elsewhere as an analyst for the purposes of this Act.

46. (1) As soon as possible but not later than seven working days after counting and weighing any significant quantity of seized substances, samples shall be taken in duplicate for scientific analysis.

(2) Any samples taken under subsection (1) shall be signed or otherwise marked for identification by the person in charge of the seizure and any other person present when it is taken.

47. (1) If scientific analysis of a sample indicates that the seized substance is a drug, analogue, or controlled chemical, the person in charge of the seizure shall forthwith forward a copy of any scientific analysis report to the Director of Public Prosecutions and the Executive Director.

(2) Where following receipt of the report referred to in subsection (1) and after due consultation with the Minister, the Director of Public Prosecutions is of the opinion-

(a) that proceedings are likely to be brought against any person whether or not the identity of that person is known;

(b) that physical preservation of all the seized substances is not necessary for the purposes of any actual or contemplated proceedings under this Act;

(c) that the substances may properly and lawfully be used, in Sierra Leone for medical or scientific purposes, or in small amounts for the training of personnel responsible for carrying out functions under this Act; or

(d) that the substances cannot be safely, securely or conveniently stored until the final determination of proceedings,

the Director of Public Prosecutions shall apply to the court for an order directing the disposal of a part of the seized substances or samples as he certifies are not necessary to retain for the purposes of the due administration of justice.

(3) Where the Director of Public Prosecutions has made an application for a disposal order under subsection (2) in relation to a seizure, and the court is satisfied that-

(a) the seized substances are illegal property liable to forfeiture under this Act;

(b) the provisions of this section relating to the taking and analysis of samples have been complied with;

(c) sufficient samples have been taken, analyzed and preserved to enable all material questions relating to the seized substances to be properly determined in any actual or contemplated proceedings under this Act; and

(d) any suspect or accused person in relation to the seizure has had reasonable opportunity to have samples independently analyzed at that person's expense,

the court shall order and supervise the public disposal of the seized substances or samples as the court certifies need not be retained, for the purpose of the due administration of justice.

(4) Where, in relation to any seized drag, analogue or controlled chemical, and after reasonable investigative efforts, the Director of Public Prosecutions is-

(a) of the opinion that proceedings are not likely to be brought against any person for the reason only that no suspect has been identified or located; and

(b) satisfied that sufficient samples have been taken, analyzed and preserved to enable all material questions relating to the seized substances to be properly determined should any suspect be ultimately identified and proceedings be brought,

the Director of Public Prosecutions may order the disposal of such part of the seized substances or samples as he certifies are not necessary to retain for the due administration of justice.

(5) Substances subject to an order under subsection (3) or (4) shall be disposed of only-

(a) by delivery to the Minister, for use exclusively in meeting the lawful medical, scientific or training needs of Sierra Leone; or

(b) by incineration, or such other safe means of destruction as the Minister may direct but the disposal shall be done in the presence of at least three witnesses, consisting of the Registrar of the Pharmacy Board or his representative, an officer of the Agency and a police officer not below the rank of Assistant Inspector-General of Police.

(6) Subject to this section, in any prosecution for an offence under this Act, a certificate or report-

(a) purporting to be signed by the person in charge of carrying out a disposal order made under subsection (3) or (4) and two witnesses to the disposal; and

(b) stating that the substance, the subject of the order, has been disposed of in accordance with the order,

shall be admissible in evidence.

(7) In the absence of evidence to the contrary, a certificate or report admissible under subsection (6) is proof of the statements contained in it, without proof of the signature, expertise or official designation of the person appearing to have signed it.

48. (1) The powers conferred on authorised persons in sections 49, 50 and 51 shall be exercisable in relation to any ship described in paragraph (c) of subsection (3) of section 50 for the purposes of detecting and taking appropriate action in respect of offences under Part III.

(2) The powers referred to in subsection (1) shall not be exercised outside the seaward limits of the territorial sea of Sierra Leone except with the authority of the Minister of Defence who shall not give such authority unless he is satisfied that-

(a) in the case of a ship of a Convention State, that the State-

(i) requested assistance of Sierra Leone for the purposes of detecting possible serious criminal offences and taking appropriate action; or

(ii) authorised Sierra Leone to act for that purpose: or

(b) in the case of a ship of no nationality or a ship that is assimilated under the international law of the sea to a ship of no nationality, it is appropriate to do so.

(3) The Minister of Defence shall impose such conditions or limitations on the exercise of the powers-

(a) in a case to which paragraph (a) of subsection (2) applies, as may be necessary to give effect to any conditions or limitations imposed by that State; and

(b) in any other case, as may be appropriate.

(4) The Minister of Defence may, either on his own initiative or in response to a request from a Convention State, authorise a Convention State to exercise, in relation to a Sierra Leone ship, powers corresponding to those conferred on authorized persons under sections 49, 50 and 51 but subject to such conditions or limitations, if any, as he may think fit.

(5) Subsection (4) is without prejudice to any agreement made, or which may be made, on behalf of Sierra Leone whereby Sierra Leone undertakes not to object to the exercise by any other State in relation to a Sierra Leone ship, of powers corresponding to those conferred on authorised persons under sections 49,50 and 51.

(6) The powers conferred on authorised persons under 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 of Defence, who shall not give such authority unless that State has consented to the exercise of those powers.

(7) A certificate purporting to be issued by or on behalf of the government of any State to the effect that the importation or exportation of a drug is prohibited by the law of that State shall be evidence, and in Sierra Leone conclusive evidence, of the matters stated in the certificate.

49. (1) For the purpose of this Part, an authorised person may stop a ship, board it and, if he thinks it necessary for the exercise of his functions, require it to be taken to a port in Sierra Leone and detain it there.

(2) Where an authorised person is exercising his powers with the authority of the Minister of Defence pursuant to this section and sections 48, 50 and 51, he may require the ship to be taken to a port in the convention State in question or, if that State has so requested, in any other State willing to receive it.

(3) The authorised person may require the master or any member of the crew to take such action as may be necessary, for the purposes mentioned in subsection (2).

(4) If an authorised person detains a vessel, he shall serve on the master a notice in writing stating that it is to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by that person.

(5) Notwithstanding any enactment to the contrary, where an authorised person has seized any ship in the exercise of his powers under this Part, the ship may be brought into Sierra Leone and dealt with in accordance with this Act or any other enactment.

50. (1) An authorised person may search a ship referred to in section 49, anyone on it, and anything on it, including its cargo.

(2) An authorised person may require any person on the ship to give information concerning himself or anything on the ship.

(3) Without prejudice to the generality of subsections (1) and (2), an authorised person may-

(a) open any container;

(b) make tests and take samples of anything on the ship;

(d) take photographs or copies of anything whose production he has power to require.

51. If an authorised person has reasonable grounds to suspect that a serious offence has been committed on the ship, he may-

(a) arrest without warrant anyone whom he has reasonable grounds to suspect has committed the offence; and

(b) seize and detain anything found in the ship which appears to him to be evidence of the commission of the offence.

52. (1) An authorised person may take with him aboard a ship to assist in the exercise of powers conferred under this Part, any other person and such equipment or materials as he thinks fit.

(2) A person whom an authorised person takes to assist, may perform any of that person's functions, but only under the supervision of the authorised person.

53. An authorised person shall, if so required by any other person in relation to whom he wishes to exercise any power or carry out any function under this Act, produce evidence of his authority.

54. If in the prosecution of a person for an offence under this Act, it is proved that a drug or analogue was found-

(a) within the immediate vicinity of the accused; or

(b) on any animal, vehicle, vessel, or aircraft, and that the accused was at the time on or in charge of, or that he accompanied, the animal, vehicle, vessel, or aircraft.

it shall be presumed, until the contrary is proved, that the accused was found in possession of the drug or analogue.

55. For the purposes of this Act, a person shall be deemed to have engaged in conduct whether by act or omission for a particular purpose, if the person engaged in the conduct for purposes that included that purpose, and that purpose was a substantial purpose.

56. For the purposes of this Act, it shall be competent for any authorised person who is carrying out or has recently carried out, duties relating to the investigation of offences under Part III, to give evidence in any proceedings under this Act as to the street or market value in Sierra Leone of any drug, analogue or controlled chemical, and as to the demand for, availability of and other circumstances pertaining to its sale, supply or distribution, and the court may give such probative weight to that evidence, as it thinks fit.

57. If in any prosecution for an offence under this Act it is proved that a sample which was taken from any substance possesses particular properties, it shall be presumed, until the contrary is proven that the substance possesses the same properties.

58. (1) In any proceedings under this Act, continuity of possession of any exhibit tendered as evidence may be proved by testimony given under oath or by a statutory declaration of the person claiming to have had it in his possession.

(2) Where a statutory declaration of a person is offered as proof of continuity of possession under subsection (1), the court may require the person to appear before it for examination or cross-examination in respect of the issue of continuity of possession.

59. A copy of any record of a ministry, department, agency, local council or other body established by or pursuant to an enactment, or of any statement containing information from the records kept by the ministry, department, agency, local council or other body, purporting to be certified by an official having custody of that document or those records, is admissible in evidence in any prosecution for an offence under this Act, and in the absence of evidence to the contrary, is proof of the facts contained in the document, without proof of the signature or official designation of the person purporting to have certified it.

60. (1) Subject to this section, in any prosecution for an offence under this Act, a certificate or report purporting to be signed by an analyst and stating that an article, sample or substance has been submitted to, examined and analyzed by the analyst and stating the results of the analysis or examination, is admissible in evidence.

(2) In the absence of evidence to the contrary, a certificate or report admissible under subsection (1) is proof of the statements contained in it, without proof of the signature, expertise or official designation of the person appearing to have signed it.

(3) Without limiting the generality of subsection (1), the certificate or report may include a statement in relation to a drug, analogue or controlled chemical, as to-

(a) when and from whom it was received;

(b) what, if any identifying labels or other tilings accompanied it;

(d) its description and weight;

(e) if it, or any portion of it, was analyzed-

(i) the name of the method of analysis;

(ii) the results of the analysis, including its identity, drug or chemical content; and

(f) how it was dealt with after handling by the analyst, including details of-

(i) the quantity retained;

(ii) the name of the person, if any, to whom any retained quantity was given; and

(iii) measures taken to secure any retained quantity.

(4) The party against whom a certificate or report is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.

(5) Unless the court otherwise orders, no certificate or report shall be received in evidence under subsection (1), unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced, reasonable notice of that intention, together with a copy of that certificate or report.

61. A certificate by the Attorney-General stating that-

(a) an International Drug Control Convention entered into force for Sierra Leone on a specified date; and

(b) as at the date of the certificate, the convention remains in force in Sierra Leone,

is for the purpose of any proceedings under this Act, conclusive evidence of those facts.

62. A certificate purporting to be issued by or on behalf of a foreign State to the effect that the import or export of a drug, controlled chemical, controlled equipment or controlled material is prohibited by the law of that State shall for the purpose of any proceedings under this Act, be prima facie evidence of the matters stated in that certificate.

63. Any person who-

(a) unlawfully interferes with, uses, takes or disposes of any substance seized under this Act or any sample thereof; or

(b) unlawfully interferes with or falsifies the results of any analysis with the intention of interfering with the proper course of justice.

commits an offence and is be liable on conviction, in the case of an individual to a fine not less than ten million leones or to a term of 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 than one hundred million leones.

64. (1) Except for the purposes of the due administration and enforcement of this Act, no person shall, without lawful authority or reasonable excuse-

(a) disclose to another person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by that person under this Act, the fact that he is subject to such an investigation or any details of the investigation; or

(b) disclose to any other person either the identity of any person who is the subject of such an investigation or any details of such an investigation.

(2) A person who contravenes subsection (1) commits 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 to both the fine and imprisonment.

65. A person who-

(a) intentionally obstructs an authorised person in the performance of his functions;

(b) refuses or fails without reasonable excuse to comply with the requirement made by an authorized person in the performance of his functions; or

(i) makes a statement he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular; or

(ii) intentionally refuses or fails to disclose any material information

commits an offence and is liable on conviction in the case of a an 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, and in the case of a body corporate, to a fine not less than one hundred million leones.

66. No suit, prosecution or other legal proceedings shall lie against the Government, the Agency, an authorised person or any other person in respect of anything done by or on behalf of the Government, Agency or person, with due diligence and in good, faith, in the exercise of any power or the performance of any function under this Act.

67. (1) An inspector or authorised person who maliciously-

(a) enters or searches or causes to be entered or searched any place, person or clothing of that person, or property under the control of a person;

(b) seizes the property of a person on the pretext of seizing or searching for any drug, analogue, controlled chemical or item of controlled equipment or material or other property liable to be forfeited under this Act, or of seizing any record, article or other tiling liable to seized under this Act; or

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 five years or to both the fine and imprisonment.

(2) A person who maliciously gives false information leading to the arrest of another person or a search being made pursuant 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 than five years or to both the fine and imprisonment.

68. (1) Subject to subsection (3), a witness in any proceedings under this Act shall not be obliged-

(a) to disclose the name or address of any informer who has given information with respect to an offence under this Act, or of any person who has assisted in detecting, investigating or otherwise assisting with respect to the due administration or enforcement of this Act; or

(b) to answer any question if the answer to it would lead, or would tend to lead, to the disclosure or discovery of the name, address or identity of such informer or person, if the informer or person is not a witness in the proceedings.

(2) If any record which is in evidence or liable to inspection 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 discovery of the identity of the informer or the person, the court shall 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 person.

(3) If in any proceedings under this Act the court, after an enquiry into the case, is satisfied that an informer willfully made a material statement which he knew to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties to the proceedings without disclosure of the name of the informer or other person who has assisted in any investigation or the proceedings under this Act, the court may permit enquiry and require full disclosure concerning the informer or person.

69. (1) A person who has acquired knowledge in his capacity as analyst, inspector, authorised person or any other person exercising powers or performing functions under this Act shall not make a record of or divulge or communicate to any other person, any information acquired by him whether directly or indirectly in the course of an investigation under this Act except-

(a) if required to do so under this Act or any other enactment;

(b) when lawfully required to make the disclosure by any court within Sierra Leone;

(d) for the due administration and enforcement of this Act.

(2) Any person who contravenes subsection (1) commits 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 or to both the fine and imprisonment.

PART VI-MUTUAL ASSISTANCE IN INVESTIGATIONS AND PROCEEDINGS RELATING TO DRUGS

70. (1) For the purposes of this Act, all requests to foreign States for legal assistance in investigations and proceedings under this Act, shall be made only by or with the authority of the Attorney-General.

(2) A request by a foreign State for assistance in investigations and proceedings instituted in that State on any drug-related matter shall be made to the Attorney-General.

(3) Subject to section 71 the Attorney-General may, in respect of any request from a foreign State-

(a) grant the request wholly or partly, on such terms and conditions as he thinks fit;

(b) refuse the request wholly or partly, on the ground that to grant the request would be likely to prejudice the sovereignty, security or other essential public interest of Sierra Leone; or

(c) postpone the request, wholly or partly on the ground that to grant the request immediately would be likely to prejudice the conduct of an investigation or proceeding in Sierra Leone.

71. The Attorney-General shall not comply with a request if the action sought by the request is contrary to the Constitution of Sierra Leone.

72. (1) The Attorney-General may request a foreign State to-

(a) obtain information, documents or other articles for the purpose of an investigation or proceeding under this Act;

(b) obtain evidence or documents or other articles produced in evidence in the foreign State;

(c) obtain and execute search warrants or other lawful instruments authorising a search for tilings believed to be located in that foreign State, which may be relevant to investigations or proceedings in Sierra Leone, and if found, seize them;

(d) locate or restrain any property believed to be the proceeds of serious crime and located in the foreign State;

(e) confiscate or forfeit any property believed to be located in the foreign State, which is the subject of a confiscation order or forfeiture order made under this Act;

(f) transmit to Sierra Leone any confiscated or forfeited property or any proceeds realized from the property or any relevant evidence, documents, articles or tilings;

(g) transfer to Sierra Leone, a person in the foreign State who consents to assist Sierra Leone in the relevant investigation or proceedings;

(h) transfer in custody to Sierra Leone, a person detained in the foreign State who consents to assist Sierra Leone in the relevant investigation or proceedings;

(i) provide any other form of assistance in any investigation commenced or proceeding instituted in Sierra Leone that involves or is likely to involve the exercise of a coercive power over a person or property believed to be in the foreign State;

(j) permit the presence of nominated persons during the execution of any request made under this Act;

(k) provide such other form of assistance in any investigation or proceeding pursuant to this Act, as he may think fit.

(2) Subsection (1) shall apply mutatis mutandis to requests from foreign States subject to such modification and adaptation as may be necessary to give full effect to the request.

73. (1) A request for assistance from a foreign State, shall-

(a) indicate the name of the authority conducting the investigation or proceeding to which the request relates;

(b) give a description of the nature of the proceeding and a statement setting out a summary of the relevant facts and laws;

(d) in the case of a request to restrain or confiscate property believed on reasonable grounds to be located in the requested State, give details of the offence in question, particulars of any investigation or proceeding commenced in respect of the offence, and be accompanied by a copy of any relevant restraining, confiscation or forfeiture order;

(e) include a statement setting out any wishes of the requesting State concerning any confidentiality relating to the request and the reasons for those wishes;

(f) give details of the period within which the requesting State wishes the request to be complied with;

(g) where applicable, give details of the property to be traced, restrained, seized, confiscated or forfeited and of the grounds for believing that the property is located in Sierra Leone;

(2) A request for mutual assistance from a foreign State may be granted, if necessary after consultation, notwithstanding that the request, as originally made, does not comply with subsection (1).

(3) A request shall be in writing including facsimile transmitted writing, dated and signed by or on behalf of the person making the request.

74. The Attorney-General may in respect of any proceedings under this Act, apply to the court for an order directed to any person resident in a foreign State to deliver himself or any document or material in his possession or under his control to the jurisdiction of the court or, subject to the approval of the foreign State, to the jurisdiction of the court of the foreign State for the purpose of giving evidence in such proceedings.

75. Evidence taken pursuant to a request in any proceedings in a court of a foreign State shall be received as prima facie evidence in any proceedings to which such evidence relates.

76. (1) The effect of a request under paragraph (g) of subsection (1) of section 72 shall be to authorise the entry into and departure from Sierra Leone of the person who is the subject of the request, as well as the presence of the person in Sierra Leone for as long as is necessary for the purposes of the request.

(2) Where the person who is the subject of a request under paragraph (h) of subsection (1) of section 72 is in custody in the foreign State by virtue of a sentence or order of a court exercising criminal jurisdiction, the effect of the request shall be to authorise the detention in custody of the person-

(a) while in transit to and from Sierra Leone; and

(b) while in Sierra Leone,

at such place or places as the Attorney-General may specify.

(3) A person who is in Sierra Leone pursuant to a request under subsection (1) of section 72 shall not-

(a) be detained, prosecuted or punished for any offence that is alleged to have been committed, or was committed, prior to that person's departure from the foreign State, pursuant to the request;

(b) be subject to any civil suit in respect of any act that occurred or is alleged to have occurred, prior to that person's departure from the foreign State;

(c) be required to give assistance in any investigation or give evidence or produce any document or tiling in any proceedings in Sierra Leone other than the investigation or proceedings to which the request relates;

(d) be required to give evidence or produce any document or tiling in any proceedings in Sierra Leone other than the investigation or proceedings to which the request relates.

(4) Subsection (3) shall cease to apply when the person 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 notified the person in writing, that he is no longer required for the purposes of the request.

77. (1) Subject to section 71, the Attorney-General or any person authorized by him in that behalf, may, upon application to the 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 to obtain evidence, accompanied by an order issued by a court of the foreign State directed to any person within the jurisdiction of the court to deliver himself or any document or material in his possession or under his control to the jurisdiction of the court of the foreign 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 accompanying the request.

(2) Upon being served with an order issued in accordance with subsection (1), the person served shall, for the purpose of the order either-

(a) deliver himself to the jurisdiction of the court; or

(b) deliver himself to the jurisdiction of the court of the foreign State,

in accordance with the directions in the order.

(3) If a person served with an order issued in accordance with subsection (1) elects to deliver himself to the jurisdiction of the court of the foreign State and fails to comply with any direction in the order, he shall be deemed immediately to have delivered himself to the jurisdiction of the court as provided in paragraph (a) of subsection (2).

(4) The Court shall conduct such proceedings as are necessary to take the evidence of any person delivering himself to its jurisdiction pursuant to paragraph (a) of subsection (2) and the evidence shall subsequently be transmitted by the Attorney-General, to the foreign State.

78. (1) Notwithstanding the provisions of any enactment to the contrary, where the Attorney-General grants a request by a foreign State to obtain or execute a search warrant for the purpose of an investigation or proceedings in relation to an offence under a corresponding law of that State, the Attorney-General shall apply to the court for the assistance requested.

(2) Where on an application the court is satisfied that-

(a) a proceeding or investigation relating to a drug-related offence has commenced in the foreign State; and

(b) there are reasonable grounds for believing that anything relevant to the investigation or proceeding, is located in Sierra Leone,

the court may issue a warrant to enter any premises belonging to or in the possession or under the control of any person named in the warrant, search the premises and remove any document, material or other tiling for the purpose of executing the request as directed in the warrant.

79. (1) Where the Attorney-General approves a request of a foreign State to have a person who is detained in custody in Sierra Leone by virtue of a sentence or order of a court exercising its criminal jurisdiction transferred to a foreign State to give evidence or assist in an investigation or proceeding in that State relating to an offence under a corresponding law of that State, the Attorney-General or a person authorized by him in that behalf shall apply to the court for a transfer order.

(2) The Court to which an application is made under subsection (1) may issue a transfer order where it is satisfied, having considered any documents filed or information given in support of the application, that the detained person consents to the transfer.

(3) A transfer order shall-

(a) set out the name of the detained person and his current place of confinement;

(b) order the person who has custody of the detained person to deliver him into the custody of a person who is designated in the order or who is a member of the class of persons so designated;

(c) order the person receiving him into custody to take him to the foreign State and, on return of the detained person to Sierra Leone, to return that person to a place of confinement in Sierra Leone specified in the order or to such other place of confinement as the Attorney-General may subsequently notify to the foreign State;

(d) state the reasons for the transfer; and

(e) fix the period of time at or before the expiration of which the detained person must be returned, unless varied for the purposes of the request by the Attorney-General.

(4) The time spent in custody by a person pursuant to a 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 of good behaviour.

80. The Attorney-General or any person authorised by him in that behalf, may, upon application to the court and upon production 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 of any drug-related offence, obtain an order that -

(a) any document relevant to -

(i) identifying, locating or quantifying any property; or

(ii) identifying or locating any document necessary for the transfer of any property,

belonging to or in the possession or under the control of any person named in the request be delivered to the Attorney-General;

(b) a financial institution produces forthwith to the Attorney-General or any person authorised by him in that behalf, all information obtained by the institution about any business transaction conducted with the institution by or for a person named in the request during such period as the court directs.

81. (1) Subject to section 71, the Attorney-General or any person authorised by him in that behalf may, on application to the court and on production to the court of a request from a foreign State 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 request, obtain an order-

(a) freezing the property of or in the possession or under the control of the person named in the request for such period as is indicated in the order;

(b) giving directions in respect of that property for the purpose of -

(i) determining any dispute as to ownership of or other interest in the property or any part thereof;

(ii) its proper administration during the period of freezing;

(iii) the payment of debts, incurred in good faith, due to creditors prior to the request;

(iv) the payment of moneys to that person for the reasonable subsistence of that person and his family; and

(v) the payment of costs and other expenses to defend any criminal proceedings referred to in the request; and

(2) A request for forfeiture shall have attached to it a copy of the final forfeiture order by the court and a statement signed by a judge of that court to the effect that no further appeal against such order can be made.

82. A request shall not be invalidated for the purpose of any proceedings by virtue of any failure to comply with section 73, if the Attorney-General is satisfied that there is sufficient information to enable an effective execution of the request.

83. It is an offence-

(a) for any person to falsify, conceal, destroy or otherwise dispose of or cause or permit the falsification, concealment, destruction or disposal of any document or material which he knows or has reasonable grounds for believing that it is or is likely to be relevant to the execution of any order made in accordance with this Part;

(b) for any person who knows or lias reasonable grounds for believing that an investigation for an offence under this Act has been, is being or is about to be made, or that an order

has been made or may be made requiring the delivery or production of any document under this Part, to divulge that fact or other information to another person whereby the investigation is likely to be prejudiced.

84. Where the Attorney-General considers it appropriate, either in accordance with an international arrangement or in the interests of comity, he may order that the whole or any part of any property forfeited under this Part, or the value thereof, be given or remitted to the foreign State.

PART II-FUND FOR PREVENTION AND CONTROL OF DRUG ABUSE

85. (1) There is hereby established a fund to be known as the Sierra Leone Fund for the Prevention and Control of Drug Abuse.

(2) The Fund shall consist of-

(a) all moneys appropriated by Parliament for the purposes of the Fund;

(b) all moneys payable to the Agency under a mutual assistance agreement;

(d) any income derived from the investment of any amount credited to the Fund.

(3) The Fund shall be applied to meet the expenses incurred in carrying out and furthering the purposes of this Act, and in particular, in-

(a) preventing drug abuse and drug trafficking;

(b) detecting, investigating and prosecuting offences under this Act;

(d) contributing to the activities of inter-govern-mental bodies specializing in the fight against illicit traffic in and abuse of drugs; and

(e) assisting the victims of drug abuse.

86. (1) The Fund shall be administered by the Agency in accordance with any enactment regulating the administration of public monies.

PART VIII-MISCELLANEOUS

8 7. The Executive Director may either generally or specifically delegate to any officer of the Agency, a ministry, department, local council, or other body established by or pursuant to an enactment all or any of his powers under this Act, except-

(a) the power of delegation; and

(b) the power to authorise the boarding of ships under Part V

88. (1) Subject to subsection (2), where an offence under this Act is committed by a body of persons-

(a) if the body of persons is a body corporate, every director or officer of that body corporate shall be deemed to have committed that offence;

(b) if the body of persons is a firm, every partner of that firm shall be deemed to have committed that offence.

(2) A person shall not be deemed to have committed an offence by virtue of subsection (1) if he proves that the offence was committed without his knowledge or connivance and that he exercised all due care and diligence to prevent the commission of that offence.

89. Any person convicted of an offence under this Act for which no penalty is specifically provided shall be liable in respect of such offence, to a fine not less than ten million leones or to a term of imprisonment not less than five years or to both the fine and imprisonment.

90. The Minister may, by statutory instrument, make an order to amend any of the Schedules.

91. The Minister may, by statutory instrument, make regulations for carrying out the provisions of this Act.

Cap 154 92. (i) The Dangerous Drugs Act is repealed.

(2) Notwithstanding the repeal effected by subsection (1)-

(a) any rules, orders, regulations, notices or other instruments issued under the repealed enactment and in force immediately at the commencement of this Act, shall continue in force until their expiration or until their express revocation or replacement;

(b) all legal proceedings and claims which immediately before the commencement of this Act were pending under the repealed enactment shall be continued or enforced by or against any person in the same manner as they would have been continued or enforced if this Act had not been enacted.

93. This Act shall be in addition to and not in derogation of the Pharmacy and Drugs Act, 2001 but where there is any inconsistency or conflict between this Act and the Pharmacy and Drugs Act, 2001 or any other enactment, this Act shall to the extent of the inconsistency or conflict prevail.

FIRST SCHEDULE Prohibited Drugs

Acetorphine	Acetyl-alpha-methyl-	methyl-3 -fentanyl
Desomorphine	fentanyl	methyl-3-thio-
Etorphine	Alphacetylinethadol	fentanyl
Heroin	Alpha-methylfentanyl	MPPP
Ketobemidone	Beta-hydroxyfentanyl	Para-fluorofentanyl
Brolamphetamine	Beta-hydroxy-methyl-3-	PEPAP
Catliinone	fentanyl	Tliiofentanyl
DET	Etryptainine	Parahexyl
DMA	(+)-Lvscrgidc	PMA
DMHP	MDA	Psilocine, psilotsin
DMT	Mescaline	Psilocybine
DOET	Methcathinono	Rolicyclidine
Eticyelidine	mcthvl-4-aminorcx	STRDOM
Acetylmethadol	MMDA	Tenamphetainine
Alfentanil	MDMA	Tenocyclidine
Allylprodine	N-ethylMDA	Terrahydrocannabinol
Alphamaprodine	N-hydroxyMDA	TMA
Alpliamethadol	Ethylmethyl-	Normorphine
Alphamethylthio-	Thiambutene	Norpipanone
Fentanyl	Etonitazene	Opium
Alphaprodine	Etoxeridine	Oxycodone
Anileridine	Fentanyl	Oxymorphone
Benzetliidine	Furetliidine	Petliidine
Benzylmorphine	Hydrocodone	Petliidine
Betacetylmethadol	Hydromorphinol	intennediate A

Betameprodine

Betamethadol

Betaprodine

Bezitramide

Clonitazene

Coca (leaf)

Cocaine

Codoxime

Concentrate of poppy Straw

Dextromoramide Diainproinide

Diethyltliiambutene

Difenoxin

Dihydromorphine

Dimenoxadol

Dimepheptanol

Dimethyltliiambutene

Dioxaphetyl butyrate

Diphenoxylate

Dipipanone

Drotebanol

Ecgonine

Its esters and

Derivatives

Hydromorphone

Hydroxypethidine

Isomethadone

Levomethorphan

Levomorainide

Levophenacylmorphan

Levorphanol

Metazocine

Methadone

Metliadone intennediate (4-cyano-2-dimethyl-amini-4,4-diphenyl butane)

Methyldesorpliine

Methyldihydromorpliine

Metopon

Morainide

Morpheridine

Morpliine

Morpliine methobroinide

and other pentavalent

nitrogen morpliine

derivatives

Morpliine-N-oxide

Myropliine

Nicomorpliine

Noracymetliadol

Norlevorphanol

Nonnethadone (4-cyano-l-methyl-

4-pheny-piperidine)

Pethidine

Intennediate B

(4-phenylpiperidine-4-

carboxylic acid

ethyl ester)

Pethidine

intennediate C

(l-methyl-4-

phenylpiperidine-

4-cerboxylic acid)

Phenedoxone

Phenampromide

phenzocine

Phenomorphan

Phenoperidine

Piminodine

Piritramide

Proheptazine

Properidine

Racemethorplian

Racemoramide

Racemorphan

Sufentanil

Thebacon

Thebaine

Tilidine

Trimeperidine

SECOND SCHEDULE High-risk Drugs

Acetyldihydrocodine

Dextropropoxyphene

Norcodeine

Phenmetrazinc

racemate

Seconarbital

Methylphenidate

Ethylmorphine

Nicodicodine

Nicocodine

Amphetamine

Dexamphetamine

Fenctvlline

Zipeprol

Mecloqualone

Pholcodine

Propirain

Dihvdrochdeine

Methamphetamine

Methaqualone Levamphetamine Phencychdine

THIRD SCHEDULE Risk Drugs

Amobarbital

Buprenorpliine

Butalbital

Catiline

Cyclobarbital

Glutehimide

Pentazocine

Pentobarbital

Flunitrazepam

FOURTH SCHEDULE Toxic Chemical Inhalants

Allobaibital

Alprazolam

Aminorex

Amphepramone

Barbital

Benxphetamine

Bromazepam

Etliinamate

Ethyl loflazepate

Etilamphetamine

Fencamfamin

enproporex

Fludiazepam

Flurazepam

Methylprylon

Midazolam

Nimetazepam

Nitrazepam

Nordazepam

Oxazepam

Oxazolam

Brotizolam	Halazepam	Pemoline
Butobarbital	Haloxazolam	Phendimetrazine
Camazepam	Ketazolam	Phenobarbital
Cannabis	Kumbejara
Cannabis resin
Chlordiazepoxide	Lefetamine	Phentennine
Clobazam	Loprazolam	Pinazepam
Clonazepam	Lorazepam	Pipradrol
Clorazepate	Lonnetazepam	Prazepam
Clotiazepam	Mazindol	Pyrovalerone
Cloxazolam	Medazepam	Secbutabarbital
Delorazepam	Mefenorex	Temazepam
Diazepam	Meprobamate	Tetrazepam
Esrazolam	Mesocarb	Triazolam
Ethclilorvynol	Methylpheno-barbital	Vinylbital

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 7thAugust, 2008.

National Drugs Control Act, 2008

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