Drug Legislation Grenada, July 2011

DRUG LEGISLATION IN GRENADA 1

2

• There are at least seventeen pieces of legislation in Grenada which deal with various aspects of ‘drugs’. The principal legislation for this presentation is the Drug Abuse (Prevention and Control) Act , CAP 3, enacted in 1992, and the Liquor Dealers’ Licenses Act, Cap. 174, enacted 1911.

HIGHLIGHTS OF THE DRUG ABUSE (PREVENTION AND CONTROL) ACT CAP. 3 ENACTED 1992 4

An Act to: 

make new provisions with respect to the control of narcotic drugs, psychotropic substances and other substances known to be used in the manufacture of narcotic drugs and psychotropic substances; 5

 to

create new offences with respect to drug trafficking and for the purposes connected therewith.

6

DEFINITIONS

7



Cannabis: means any plant of the genus Cannabis form which the resin has not been separated and includes any part of the plant by whatever names it may be designated.

8



Child: means a person under the age of fourteen years.



Young Person: means a person who is fourteen years of age or upwards and under the age of eighteen years. 9



Export: means to take or to cause to be taken out of Grenada by air or water.



Import: means to bring or to cause to be brought into Grenada by air or water. 10

CONTROLLED DRUGS

11

Any narcotic drug for the time being listed in Part I of the First Schedule of the Drug Abuse (Prevention and Control) Act, 1992. 

Example: cannabis, coca leaf, cocaine, codeine, heroin, morphine, opium 12

Any psychotropic substance for the time being listed in Part II of the First Schedule of the Drug Abuse (Prevention and Control) Act, 1992. 

Example: LSD, ephedrine 13

Any listed substance for the time being listed in Part III of the First Schedule of the Drug Abuse (Prevention and Control) Act, 1992.



Example: ephedrine, acetone 14

RESTRICTIONS RELATING TO CONTROLLED DRUGS

15

It shall not be lawful for a person to: 

Import a controlled drug, or



Export a controlled drug.

16



Produce a controlled drug.



Supply or offer to supply a controlled drug to another person.



Have a controlled drug in his possession. 17

A person handles a controlled drug if:  He is in any way concerned in carrying, removing, harbouring, keeping or concealing the controlled drug or anything containing the controlled drug; or, 18



He deals in any manner with the controlled drug.



It shall not be lawful for a person to misuse a controlled drug.

19



It shall not be lawful for a person to cultivate any plant of the genus Cannabis, any coca plant or opium poppy.

20

DRUG TRAFFICKING AND RELATED OFFENCES

21

No person shall: 

Supply any substance represented or held out by him to be a controlled drug, by which is not a controlled drug. 22



Offer to supply any substance represented or held out by him to be a controlled drug, but which is not a controlled drug.

23



Do or offer to do an act preparatory to the supply of any substance represented or held out by him to be a controlled drug, but which is not a controlled drug.

24

Trafficable Quantities of Specified Controlled Drugs Controlled Drug Cannabis or Cannabis resin Cocaine Heroin Opium Morphine THC (tetrahydrocannabinol)

Trafficable Quantity 15 g 1g 2g 55 g 3g 1g 25

OFFENCES IN RESPECT OF CHILDREN AND YOUNG PERSONS 26

It shall not be lawful for a person to have a controlled drug in his possession in or within a radius of one hundred yards of any school premises.

27

A person found in possession of a controlled drug is deemed to have the controlled drug for the purpose of supplying same to another unless the contrary is proved; the burden of proof being on the accused. 28

It shall be unlawful for any person to knowingly and intentionally: 

Employ, hire, use, persuade, induce, entice or coerce a child or young person to contravene any provision of this Act; 29



Employ, hire, use, persuade, induce, entice, or coerce a child or young person to assist in avoiding detection or apprehension for any offence under this Act; 30



Receive a controlled drug from a child or young person in contravention of any provision of this Act.

31

HIGHLIGHTS OF THE LIQUOR DEALERS’ LICENSES ACT, CAP. 174 ENACTED 1911

32

DEFINITIONS

33

Intoxicating Liquor: includes every description of spirits, wines, beer, ale, porter, stout, cider, perry and other malt liquor.

34

Licensed premises: a house, shop, room, office or bar specified in the licence of a licensed dealer as the place where he may sell or barter intoxicating liquor. 35

Spirits: every description of brandy, gin, whisky, rum, bitters, liquors, whether mixed with any other fluid or unmixed, but does not include malt liquor, wine, methylated spirits, bay rum. 36

LICENCE REQUIRED FOR SALE OF INTOXICATING LIQUOR

37

Any person who shall sell or expose for sale any intoxicating liquor without being duly licensed to sell the same, or at any place or in any manner that he is not authorized by his licence to sell the same, shall be guilty of any offence. 38

HOTEL AND OCCASIONAL LICENSES

39

The owner of any hotel, boardinghouse or refreshment house, who has a certificate of registration, may sell, for consumption of the premises, intoxicating liquor on any weekday, or Sunday at the following times and to the following classes: 40

In

the case of hotels, to members of the public between the hours of 8 a.m. and midnight, and to residents or persons taking meals, at any hour of the day or night.

41



In the case of boarding houses, to boarders only at any hour of the day or night.



In the case of refreshment houses, to members of the public between the hours of 8 a.m. and midnight. 42

HOURS OF CLOSING

43

No licensed dealer shall sell or expose for sale any intoxicating liquor, or open or keep open his licensed premises, on any night after 9 p.m. or on any morning before 6 a.m. . 44

All licensed premises shall be closed throughout any Sunday, Christmas Day, Good Friday and any day appointed as a bank holiday.

45

OFFENCES BY LIQUOR DEALERS

46

A licensed dealer shall be guilty of an offence if he:

47

Permits drunkenness or violent, quarrelsome, disorderly or riotous conduct to take place on his premises, or sells any intoxicating liquor to any drunken person.

48

Knowingly permits his premises to be the habitual resort, or place of meeting, of reputed prostitutes, whether the object of their so resorting or meeting is or is not prostitution, if he allows them to remain thereon longer than is necessary for the purpose of obtaining reasonable refreshment 49

Allows to remain on his premises any police officer during any part of the time appointed for such police officer being on duty, unless for the purpose of keeping order or in execution of his duty, or supplies any liquor or refreshment, whether by way of gift or sale, to any police officer on duty, unless by authority of some superior officer of such police officer, or bribes or attempt to bribe any police officer.

50

Sell or deliver or supply or knowingly permit to be sold or deliver or supplied to any person under the age of sixteen years any intoxicating liquor (excepting such liquors as are sold or delivered or supplied in corked or sealed vessels for consumption of the premises only). 51

Permits any such person to drink any intoxicating liquor on his premises

52

THANK YOU

53