This Act was repealed on 2015-09-15 by Drug Control and Enforcement Act.
This is the version of this Act as it was when it was repealed.
Taxonomies
Related documents
- Is amended by Written Laws (Miscellaneous Amendments) (No.2) Act, 2012
- Is repealed by Drug Control and Enforcement Act
Tanzania
Drugs and Prevention of Illicit Traffic in Drugs Act
Chapter 95
- Published in Tanzania Government Gazette
- Commenced on 1 January 1996
- [This is the version of this document as it was at 31 July 2002 to 26 July 2012.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
- [Repealed by Drug Control and Enforcement Act (Act 5 of 2015) on 15 September 2015]
Part I – Preliminary provisions (ss. 1-2)
1. Short title and application
2. Interpretation
In this Act, unless the context requires otherwise—"addict" means a person with a condition such that—(a)administration of a drug results in the person demonstrating impaired control in relation to use of that drug, or drug-seeking behaviour suggesting such impaired control; and(b)cessation of the administration of the drug is likely to result in the person experiencing symptoms of mental or physical distress or disorder;"cannabis" means any part of the plant of the genus cannabis, excluding the seeds, the mature stock, or fibre produce from the cannabis plant or cannabis resin;"cannabis oil" means any liquid containing any quantity however small of tetrahydro-cannabinol;"cannabis plant" means any plant of the genus cannabis by whatever name called and includes any part of that plant;"cannabis resin" means the separated resin where the crude or purified is obtained from the cannabis plant;"chemical precursors" means a substance frequently used in the illicit manufacture of narcotic drugs or psychotropic substances as defined in Article 12 of the UN Convention Against Illicit Drugs and Psychotropic Substances mentioned in Table I and Table II as provided for in the Second Schedule to this Act;"coca leaf" means—(a)the leaf of the coca plant except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed;(b)any mixture thereof with or without any neutral material, but does not include any preparation containing not more than 0.1 percent of cocaine;"coca plant" means the plant of any species of the genus Erythroxylon;"Commission" means the Inter-ministerial Commission for the coordination of Drug Control established under section 4;"conveyance" means a conveyance of any description whatsoever and includes any aircraft, vehicle or vessel;"court" in respect of offences under sections 12 and 12 (d) means the subordinate court and in respect of offences under sections 16, 17, 18, 19, 20, 21, 22 and 23 means the High Court;"cultivate" includes planting, saving, scattering the seed, graving, mortaring, lending or harvesting;"dentist" means a dentist authorised and licensed to examine, diagnose, treat and prescribe for patients under the Medical Practitioners and Dentists Act1;"drugs" means the narcotic drugs and psychotropic substances specified in the Schedule;"illicit traffic", in relation to narcotic drugs and psychotropic substances, means—(a)cultivating any coca plant or gathering any portion of coca plant;(b)cultivating the opium poppy or any cannabis plant;(c)engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import into United Republic, export from United Republic or transhipment, of narcotic drugs or psychotropic substances;(d)dealing in any activities in narcotic drugs or psychotropic substances;(e)handling or letting out any premises for the carrying on of any of the activities, other than those permitted under this Act, or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder, and includes—(i)financing, directly or indirectly, any of the aforementioned activities;(ii)abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and(iii)harbouring persons engaged in any of the aforementioned activities;"International Convention" means—(a)the Single Convention on Narcotic Drugs, 1961, adopted by the United Nations Conference at New York in March, 1961;(b)the Protocol amending the Convention mentioned in subclause (a), adopted by the United Nations Conference at Geneva in March, 1972;(c)the Convention on Psychotropic Substances, 1971, adopted by the United Nations Conference at Vienna in February 1971; and(d)United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted at Vienna on 19th December, 1988; and(e)any other international Convention or protocol or other instrument amending an international Convention, relating to narcotic drugs or psychotropic substances, which may be ratified or acceded to by the United Republic after the commencement of this Act;"manufacture", in relation to narcotic drugs or psychotropic substances, includes—(a)all processes other than production by which such drugs or substances may be obtained;(b)refining of such drugs or substances;(c)transformation of such drugs or substances; and(d)making of preparation (otherwise than in a pharmacy on prescription) with or containing such drugs or substances;"manufactured drug" means—(a)all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate;(b)any other narcotic substance or preparation which the Commission may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notice in the Gazette, declared to be a manufactured drug, but does not include any narcotic substance or preparation which the Commission may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notice in the Gazette, declare not to be a manufactured drug;"medical practitioner" means a physician or surgeon authorised and licensed to examine, diagnose, tract, and prescribe for patients under the Medical Practitioners and Dentists Act2;"medicinal cannabis" means any extract or tincture of cannabis;"narcotic drug" means any substance specified in the Schedule or anything that contains any substance specified in that Schedule;"opium" means—(a)the coagulated juice of the opium poppy; and(b)any mixture, with or without any neutral material, of the coagulated juice of the opium poppy, but does not include any preparation containing not more than 0.2 percent of morphine;"opium derivative" means—(a)medicinal opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the Pharmaceutical and Poisons Act3, or any other pharmaceutical notified in this behalf by the Government, whether in powder form or granulated or otherwise or mixed with neutral materials;(b)prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking and the other residue remaining after opium is smoked;(c)phenantrene alkaloids, namely, morphine, codeine, thebaine and their salts;(d)diacetylmorphine, that is, the alkaloid also known as diamorphine or heroin and its salts; and(e)all preparations containing more than 2 percent of morphine or containing any diacetylmorphine;"opium poppy" means—(a)the plant of the species papaver somniferum L; and(b)the plant of any other species of papaver from which opium or any phenanthrene alkaloid can be extracted and which the Commission may, by notice in the Gazette, declare to be opium poppy for the purposes of this Act;"place" includes vacant land, premises, vehicle, vessel or aircraft;"poppy straw" means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom:"preparation", in relation to a narcotic drug or psychotropic substance, means any one or more such drugs or substances in dosage form or any solution or mixture, in whatever physical state, containing one or more such drugs or substances;"production" means the separation of opium, poppy straw, coca leaves or cannabis from the plants from which they are obtained;"prohibited plant" means cannabis, coca plant, papaver somniferum (opium poppy) and papaver setigerum;"psychotropic substance" means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule;"sell" includes offer or expose for sale;"supply" includes consignment, dispatch, transport, delivery, distribution as well as offer to supply;"to export from the United Republic" with its grammatical variations and cognate expressions, means to take out of the United Republic to a place outside United Republic;"to import into the United Republic" with its grammatical variations and cognate expressions, means to bring into the United Republic from a place outside the United Republic and includes the bringing into any port or airport or place in the United Republic of a narcotic drug or a psychotropic substances intended to be taken out of the United Republic without being removed from the vessel, aircraft, vehicle or any other conveyance in which it is being carried;"to transport" means to take from one place to another within the United Republic;"trafficking" means the importation, exportation, manufacture, buying, sale, giving, supplying storing, administering, conveyance, delivery or distribution, by any person of narcotic drug or psychotropic substance any substance represented or held out by that person to be a narcotic drug or psychotropic substance or making of any offer but does not include—(a)the importation or exportation of any narcotic drugs or psychotropic substance or the making of any offer by or on behalf of any person who holds a licence under this act in accordance with the licence;(b)the manufacture, buying, sale, giving, supplying administering, conveying, delivery or distribution of any narcotic drug or psychotropic substance or the making of any offer by or on behalf of any person who has a licence under this Act;(c)the selling or supplying or administering for medical purposes, and in accordance with the provisions of this Act, or the making of any offer by a medical practitioner or veterinary surgeon or dentist or by any other person qualified to do so on the instructions of the medical practitioner, veterinary surgeon or dentist;(d)the selling or supplying in accordance with the provisions of this Act of any narcotic drugs or psychotropic substance by a registered pharmacist;"use" in relation to narcotic drugs and psychotropic substances, means any substance specified in the Schedule or any thing which contains any substance specified in that Schedule.Part II – Establishment of an Inter-ministerial Commission for the Co-ordination of Drugs Control (ss. 3-10)
3. Government obligation to take measures for preventing drug abuse
4. Establishment of the Commission for the National Co-ordination of Drug Control
5. Functions of the Commission
6. Reports of the Commission to be laid before the Parliament
The Commission shall publish yearly reports describing the national situation and its developments as regards the supply and demand of drugs, and formulating any proposal likely to promote anti-drug activities and such report shall be laid before the Parliament.7. The budget of the Commission
8. Anti-Drug Commissioner to participate in the Inter-Ministerial meetings
The Anti-Drug Commissioner shall participate in the Inter-Ministerial Commission meetings.9. Anti-Drug Commissioner to prepare deliberations and ensure implementation
The Anti-Drug Commissioner shall prepare, the Commission's deliberations and ensure that they are implemented and without prejudice to the foregoing, the Anti-Drug Commissioner, shall—10. Commission to administer funds to various needs
The Commission shall administer the funds to the various initiatives to meet the specific needs of the Government departments, public institutions or public offices, associations or private parties, in execution of its decision or orientation.Part III – The Fund for Control of Drug Abuse (s. 11)
11. Establishment of the Fund
Part IV – Prohibition of possession and trafficking of narcotic drugs and psychotropic substances and cultivation of certain plants (ss. 12-29)
12. Prohibition of cultivation of certain plants and substances
Any person who—13. Power of Commission to permit, control and regulate cultivation, production or sale, etc., of opium, coco leaves, etc.
14. Narcotic drugs and psychotropic substances not to be subject to distress or attachment
Notwithstanding anything to the contrary contained in any law or contract, no narcotic drug, drug, psychotropic substance or prohibited plant, shall be liable to be distrained or attached by any person for the recovery of any money under any order of any court or authority or otherwise.15. Restrictions on dealings in narcotic drugs and psychotropic substances
No person in the United Republic shall engage in or control any trade whereby narcotic drugs or psychotropic substances are obtained outside the United Republic or supplied to any person outside the United Republic except with the prior permission or authorisation of the Commission and subject to such condition as may be imposed by the Commission.16. Penalty for possession, purchase, manufacture, etc., of narcotic drugs, etc.
17. Penalty in respect of possession, use of small quantity of narcotic drugs and psychotropic substances
18. Penalty in contravention of section 17
Any person who—19. Penalty for embezzlement by authorised cultivators
Any person licensed to cultivate opium poppy on the account of the Government, who embezzles or otherwise illegally disposes of the opium produced or any part thereof, commits an offence and upon conviction is liable to a fine of five million shillings or to imprisonment for a term not exceeding thirty years or to both such fine and imprisonment and the court may, for reasons to be recorded in the judgment impose a fine exceeding five million shillings.20. Penalty in respect of breach of terms, licence or permit
Where a holder of a licence permit or authorisation granted in accordance with the provisions of this Act and rules or orders made under this Act—21. Penalty in respect of finance of illegal activities
Any person who knowingly directly or indirectly finances any of the activities specified in paragraphs (a) to (f) of section 16, or harbours any person engaged in the aforementioned activities commits an offence and upon conviction is liable to a fine of ten million shillings or to imprisonment for life.22. Penalty in respect of aiding to commit offences under this Act
Notwithstanding anything contained in any other written laws, any person who—23. Preparation or attempt to commit offence
If a person makes preparation to do or omits to do anything which to constitutes an offence under this Part and from the circumstances of the case it may be reasonably inferred that he was determined to carry out his intention to commit the offence but had been prevented by circumstances independent of his will, he shall be liable to imprisonment for a term which shall not be less than the half of the maximum term (if any) of imprisonment with which he would have been punishable in the event of his having committed such offence, and also with fine which shall not be less than half of the maximum amount of fine with which he would have been punishable, had he committed the offence.24. Penalty for commission of offences after previous conviction
25. Penalty for offences for which no penalty is provided
Any person who contravenes any provision of this Act or any rule or order made or any condition of any licence, permit or authorisation issued under this Act, for which no punishment is separately provided in this Part, upon conviction is liable to a fine of not more than five million shillings or to imprisonment for a term of not more than thirty years or to both such fine and imprisonment.26. Burden of proof
27. Unbailable offences
28. Offences by companies
29. Release of certain addicts for the purpose of undergoing treatment
Part V – Procedure (ss. 30-45)
30. Application of the Criminal Procedure Act with necessary modification
31. Procedure of seizure where confiscation is not possible
Where it is not possible to seize any goods (including standing crop) which are liable to confiscation under this Act, any officer authorised under section 30 may serve on the owner or person in possession of the goods, an order that he shall not remove, part with or otherwise deal with the goods except with the previous permission of such officer.32. Land owners duty to give information of crops illegally cultivated
Every holder of land shall give immediate information to any officer of police or any officer of the departments mentioned in section 30 of all the opium poppy, cannabis plant or coca plant which may be illegally cultivated within his land and every such holder of land who knowingly neglects to give such information shall be deemed to have committed an offence and upon conviction is liable to a fine of five million shillings or to imprisonment for a term of thirty years.33. Powers of attachment of crops illegally cultivated
Any officer empowered under this Act may order attachment of any opium poppy, cannabis plant or coca plant which he has reason to believe to have been illegally cultivated and may pass such order, including an order to destroy the crop, as he thinks fit.34. Commission to direct certain substances to be disposed of
35. Relevancy of statements under certain circumstances
A statement made and signed by a person before any officer empowered under section 29 for the investigation of offences, during the course of any inquiry or proceedings by such officer, shall be relevant for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains—36. Presumption of possession of illicit articles
In trials under this Act, it may be presumed, unless the contrary is proved, that the accused has committed an offence under of Part IV in respect—37. Authorised officers to take charge of articles seized
38. Obligation of various officers to assist each other
All officers of the several departments mentioned in this Act shall, upon notice given or request made, be legally bound to assist each other in carrying out the provisions of this Act.39. Arrests and seizures to be reported within forty-eight hours
Where any person makes any arrest or seizure under this Act, he shall, within forty-eight hours after such arrest or seizure make a full report of all the particulars of such arrest or seizure to his immediate official superior.40. Penalty for vexatious or malicious entry, seizure, arrest, etc.
41. Penalty against officers refusing to perform their duties or aiding offenders
42. Powers to confiscate articles or things, etc., in connection with offence
43. Confiscation in case of no conviction
44. Presumption as to documents in certain cases
Where any document—45. Powers of an authorised officer to call for information
Part VI – Forfeiture of property derived from, or used in illicit traffic (ss. 46-53)
46. Forfeiture of property
47. Prohibition on holding illegally acquired property
48. Commissioner to authorise investigation or survey
49. Burden of proof
In any proceedings under this Part, the burden of proving that any property is not illegally acquired property shall be on the person affected.50. Payment in lieu of forfeiture
Where an authorised officer declares that any property stands of being forfeited to the Commission and it is a case where the source of only a part of the illegally acquired property has not been proved to the satisfaction of the authorised officer, such officer shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a sum of money equal to the market value of such part.51. Appeals
Any person aggrieved by any decision of an authorised officer may within thirty days from the date of such decision appeal to the High Court.52. Power to take possession
53. Arrangement regarding tracing, realisation, etc., of property
Part VII – Miscellaneous provisions (ss. 54-67)
54. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Commission or any officer of the Government or any other person exercising any powers or discharging any functions or performing any duties under this Act, for anything done in good faith or intended to be done under this Act or any rule or order made thereunder.55. Commission to have regard to international conventions while making rules
Where under this Act the Commission has been empowered to make rules, it may, while making the rules have regard to the provisions of Single Convention on Narcotic Drugs, 1961, Protocol of 1972 amending the said Convention and of the Convention on Psychotropic Substances, 1971, United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances adopted on 19th December 1988, and to the provisions of any other international convention relating to narcotic drugs or psychotropic substances to which the United Republic becomes a party.56. Power of Government to establish centres for identification treatment, etc., of addicts and for supply of narcotic drugs
57. Bar of jurisdiction
No civil court shall entertain any suit or proceeding against any decision made or order passed by any officer or authority under this Act or under any rule made thereunder on any of the following matters, namely—58. Power of Commission to give directions
The Commission may give such directions as it may deem necessary to any department of the Government regarding the carrying into execution of the provisions of this Act, and that department shall comply with such directions.59. Power to delegate
The Commission may, by notice in the Gazette, delegate, subject to such conditions and limitations as may be specified in the notice, such of its powers and functions under this Act (except the power to make rules) as it may deem necessary or expedient, to any other authority or the Anti-Drug Commissioner.60. Power of Central Government to make rules
61. Application of the Customs (Management and Tariff) Act
62. Application of the Pharmaceutical and Poisons Act barred
The provisions of this Act or rules made thereunder shall be in addition to, and not in derogation of the Pharmaceutical and Poisons Act12, or the rules made thereunder.63. Saving of State and special laws
Nothing in this Act or in the rules made thereunder shall affect the validity of any Act for the time being in force, or of any rule made thereunder which imposes any restriction or provides for a punishment not imposed by or provided for under this Act or imposes a restriction or provides for a punishment greater in degree than a corresponding restriction imposed by or a corresponding punishment provided for by or under this Act for the cultivation of cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within the United Republic.64. Repeal and saving
65. ***
[Repealed by Act No. 31 of 1997 Sch.]66. ***
[Repealed by Act No. 13 of 1984]67. Amended Cap. 256
[Amended the Proceeds of Crime Act]History of this document
15 September 2015
Repealed by
Drug Control and Enforcement Act
27 July 2012 amendment not yet applied
31 July 2002 this version
Consolidation
01 January 1996
Commenced
Cited documents 5
Act 5
1. | Evidence Act | 6009 citations |
2. | Criminal Procedure Act | 5739 citations |
3. | Proceeds of Crime Act | 51 citations |
4. | Pharmaceutical and Poisons Act | 31 citations |
5. | Mutual Assistance in Criminal Matters Act | 13 citations |
Documents citing this one 356
Judgment 347
Government Notice 3
JOT Documents and Guidelines 3
1. | Execution Guidelines 2020 | |
2. | Exhibits Management Guidelines | |
3. | The Tanzania Sentencing Guidelines, 2023 |
Journal 1
1. | The Tanzania Lawyer, Vol. 1, 2015, Number 2 |
Law Reform Report 1
1. | Review of the Legal Framework on Social Welfare Services in Mainland Tanzania |
Manual 1
1. | Criminal Prosecutions Case Manual |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Commission for the National Co-ordination of Drugs Control Constitution Order, 1997 | Government Notice 26 of 1997 | 31 July 2002 |