Dangerous Drugs Act
- Commenced on 1 April 1956
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Dangerous Drugs Act.
Part I – Coca leaves, indian hemp, and raw opium
3. Application of this part
4. Restriction on import and export of drugs to which this Part applies and of plants from which such drugs are derivedNo person shall import into or export from Malawi any drugs to which this Part applies, or plants from which such drugs are derived, except under and in accordance with the terms of a licence issued by the Minister.
5. Special restriction on export to certain countries of drugs to which this Part applies and of plants from which such drugs are derivedIf at any time the importation into a foreign country of a drug to which this Part applies or plant from which any such drug is derived is prohibited or restricted by the laws of that country, there shall, while that prohibition or restriction is in force, be attached to every licence which is issued under this Act authorizing the export of that drug or plant from Malawi, such conditions as appear necessary for preventing or restricting, as the case may be, the exportation of that drug or plant from Malawi to that country during such time as the importation of that drug or plant into that country is so prohibited or restricted, and any such licences issued before the prohibition or restriction came into force shall, if the Minister by order so directs, be deemed to be subject to the like conditions.
6. RegulationsThe Minister may by regulation—
Part II – Prepared opium
7. Interpretation in this PartIn this Part “prepared opium” means opium prepared for smoking and dross and any other residue remaining after opium has been smoked.
8. Import and export of prepared opium prohibitedNo person shall import into or export from Malawi any prepared opium.
9. OffencesNo person shall—
Part III – Medicinal opium, cocaine, morphine, and other drugs
10. Application of this Part
11. Restriction on import and export of drugs to which this Part appliesNo person shall import into or export from Malawi any drugs to which this Part applies, except under and in accordance with the terms of a licence issued by the Minister.
12. Power to control manufacture, sale, etc, of drugs to which this Part applies
Part IV – Control of trade in new drugs
13. Prohibition of trade, etc., in new drugsNo person shall trade in or manufacture for the purposes of trade any product obtained from any of the phenanthrene alkaloids of opium or from the ecgonine alkaloids of the coca leaf, noticing a product which was on the 13th July, 1931, being used for medical or scientific purposes:Provided that if the Minister is satisfied that any such product is of medical or scientific value, he may by notice published in the Gazette direct that this section shall cease to apply to that product.
14. Power to apply Part III to new drugsIf it is made to appear to the Minister that a decision with respect to any product mentioned in section 13 has, in pursuance of article 11 of the Geneva Convention (No. 2), been communicated by the Secretary-General of the United Nations to the putties to the said Convention, the Minister may by notice published in the Gazette, as the circumstances require, either declare that Part III applies or apply to that product in the same manner. as they apply to the drugs to which Part III applies, or apply Part III to that product with such modifications as may be specified in the notice.
Part V – General
15. Appointment of inspectors
16. Powers of inspection
17. Powers of search, seizure, and forfeiture
18. Persons upon whom powers of inspection, etc. are conferred to produce proof of identityAny person upon whom powers of inspection, search, seizure, or forfeiture are conferred under this Act who fails on demand to produce—
19. Offences and penalties
20. Power of arrestAny police officer may arrest without warrant a person who has committed, or attempted to commit, or is reasonably suspected by such officer of having committed or attempted to commit an offence against the Act if he has reasonable grounds for believing font fora person who abscond unless arrested, or if the name and address of that person are unknown to, and cannot be ascertained by, him.
21. Licences and authorities
History of this document
01 April 1956