Interpretation

(1) In this Act, unless the context otherwise requires“analyst” means the Government analytical chemist, or any other person appointed as such for the purposes of this Act by the Minister by Order published in the Gazette; “cannabis” includes any part of the plant of the genus cannabis sativa, any resin obtained from that plant and any product of which such resin forms a base, but does not include47 0f 2017. (a) medicinal preparations from that plant licensed or otherwise permitted under this Act; and (b) industrial hemp; 8 “cannabinol derivatives” means the following substances, except where contained in cannabis or cannabis resin, namely, tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives; CAP. 311. “chemist and druggist” means a person who is registered as such under the Chemists and Druggists Act; “cocaine” means methylbenzoylecgonine of which the formula is C17 H21 NO4 or methylbenzoylecgonine hydrochloride of which the formula is C17 H21 NO4 HC1, and includes crack; “coca leaf” means the leaf of any plant of the genus erythroxylon from whose leaves cocaine can be extracted either directly or by chemical transformation; “concentrate of poppy-straw” means the material produced when poppy-straw has entered into a process for the concentration of its alkaloids; “contravention” includes failure to comply and “contravene” has a corresponding meaning; “controlled drug” has the meaning assigned by section 4; “corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of the Government of a country outside Belize to be a law providing for the control and regulation in that country of the production, supply, use, export and import of dangerous or otherwise harmful drugs in pursuance of any Treaty, Convention or other agreement or arrangement to which the Government of that country and the Government of Belize are for the time being parties; and a statement in any such certificate as aforesaid to the effect that any facts constitute an offence against the law mentioned in the certificate shall be prima facie evidence of the matters stated; “Council” means the National Drug Abuse Control Council established under this Act; 9 “court” means the Supreme Court or the Magistrate’s Court, as the case may be; CAP. 316. “dentist” means the person whose name is registered in the Dentists Register under the Dentists Act; “drug trafficking” means doing or being concerned in any of the following, whether in Belize or elsewhere– (a) producing, supplying or otherwise dealing in any controlled drug in contravention of this Act or a corresponding law; (b) transporting or storing a controlled drug where possession of that drug contravenes this Act or a corresponding law; (c) importing or exporting a controlled drug in contravention of this Act or a corresponding law; (d) entering into or being otherwise concerned in an arrangement whereby– (i) the retention or control by or on behalf of another person of the other person’s of drug is facilitated; or (ii) the proceeds of drug trafficking by another person are used to secure that funds are placed at the other person’s disposal or are used for the other person’s benefit, to acquire property by way of investment; “drug trafficking offence” means any of the following10 (a) an offence under section 5 - importation and (b) an offence under section 6(2) or (3) - (c) an offence under section 7(2) read with section 7(4) - possession of certain controlled drugs in quantities of more than those specified in (d) an offence under section 7(3) - possession for (e) an offence under section 8 - cultivation of (f) an offence under section 10 - being occupier of premises, to permit certain activities; (g) an offence under section 19 - assisting another to retain proceeds of drug trafficking; (h) conspiracy to commit any of the offences in paragraphs (a) to (g); (i) an offence of attempting to commit any of the offences in paragraphs (a) to (g); (j) aiding, abetting, counselling or procuring the commission of any of the offences in paragraphs (a) to (g); “educational institution” means an institution recognised by the Ministry responsible for education as providing schooling or education and training; including an institution that provides pre-school, primary, secondary, post-secondary or tertiary education, within the meaning of the Education and Training Act; CAP. 036. 11 “export” with its grammatical variations and cognate expressions, in relation to Belize, means to take or cause to be taken out of Belize by land, air or water; “forfeiture order” means an order made under section 29 or 30; “import” with its grammatical variations and cognate expressions, in relation to Belize, means to bring or cause to be brought into Belize by land, air or water; "industrial hemp" means any part of the plant of the genus cannabis sativa, with a tetrahydrocannabinol concentration of such amount as may be prescribed; “interest” in relation to property, includes right; CAP. 94. “magistrate” has the same meaning as in the Inferior Courts Act; “medicinal opium” means raw opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirement of the British Pharmacopoeia, whether in powder form or granulated or is in any other form, and whether it is or is not mixed with neutral substances; CAP. 318. “medical practitioner” means a person who is registered as such under the Medical Practitioners Registration Act; “Minister” means the Minister with responsibility for narcotics “morphine” means the principal alkaloid of opium having the chemical formula C17 H19 NO3; “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 12 poppy, but does not include any preparation containing not more than 0.2 per centum of morphine; “opium poppy” means the plant of the species papaver somniferum L; “person lawfully conducting a retail pharmacy business” means a person lawfully conducting such a business in accordance with the Chemists and Druggists Act; CAP. 311. “poppy straw” means all parts, except the seeds, of the opium poppy, after mowing; “prepared opium” means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked; “prescribed” means prescribed by the rules or regulations made under this Act; “proceeds of drug trafficking” means any payments or other rewards, including real or personal property of every description, received by a person at any time in connection with drug trafficking carried on by him or another or in both that connection and in some other connection and such payments or other rewards include the following so received, that is to say– (a) deeds and instruments relating to or evidence of title or right to property, or giving a right to recover money, goods or real estate, or any order or other security that entitles or evidences the title of any person– (i) to share an interest in a public stock or fund or in any share or interest of or in a society or whether incorporated or un-incorporated; or 13 (ii) to a deposit in any bank; (b) a document of title to lands, goods or other property wherever situated, money or other valuable security issued by any government, any chose-in-action, or any credit evidencing an interest in property; “produce” where a reference is to produce a controlled drug, means producing it by manufacture, cultivation or any other method, and “production” has a corresponding meaning; “raw opium” includes powdered or granulated opium but does not include medicinal opium; “supplying” includes distributing; and “veterinary practitioner” means any person in Belize holding a qualification entitling him to practice as a veterinary surgeon in any part of the Commonwealth, or any person who within Belize, with the approval of the Minister responsible for veterinary services, is engaged in the practice and profession of veterinary surgery pursuant to the Veterinary Surgeons Act. CAP. 326. (2) References in this Act to misusing a drug are references to misusing it by taking it; and the reference in the foregoing provision to the taking of a drug is a reference to the taking of it by a human being by way of any form of self-administration, whether or not involving assistance by another. (3) For the purposes of this Act, the things which a person has in his possession shall be taken to include anything subject to his control which is in the custody of another. 14