Restriction on possession of controlled drugs

(1) Subject to sub-section (7), and to any regulations under section 9 for the time being in force, it shall not be lawful for a person to have a controlled drug in his possession. (2) Subject to sub-sections (5) and (7), and to section 51, it is an offence for a person to have a controlled drug in his possession in contravention of sub-section (1). (3) Subject to section 51, it is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of section 6(1). (4) Subject to sub-section (1), a person found in possession of the following controlled drugs in quantities of more than– (a) two grammes of diacetylmorphine (heroin); 18 (b) one gramme of cocaine; (c) thirty grammes of opium; (d) three grammes of morphine; or (e) sixty grammes of cannabis or cannabis resin, shall be deemed to be in possession of the controlled drug for the purpose of supplying it to another for drug trafficking in contravention of section 6 (1), unless the contrary is proved, the burden of proof being on the accused. (5) Where any drug to which this Act applies is found in any premises occupied by more than one person, the drug shall be deemed to be in the joint possession of all persons and it shall be for the person or persons to prove that it was there without his or their knowledge or consent; and for the purposes of this Act, occupation of any premises may be real or constructive. (6) A person who commits a drug trafficking offence under this section is liable to the penalties laid down for a drug trafficking offence not including a contravention specified in sub-section (7)(b), to the penalties laid down in section 28. (7) Where the controlled drug in a person’s possession is cannabis or cannabis resin in an amount of not more than ten grammes and– (a) the circumstances are not as specified in sub- section (8) then, notwithstanding section 10, the possession is not unlawful and an offence is not committed; (b) the circumstances are as specified in sub- section (8), then– (i) the person contravenes this sub-section, but, subject to sub-section (10), is not 19 liable to be arrested or detained but may, on the first occasion of such contravention be liable to a warning from the police, and on a second or subsequent occasion the provisions of the violation ticket Regulations made under section 28A shall apply, whereby the offender is liable to being issued with the prescribed violation ticket by an authorized officer requiring the violator to pay a fine of one hundred dollars or such other amount in substitution as may be specified in violation ticket regulations, which amount shall be clearly stated on the face of the violation ticket; (ii) sections 26 and 29, shall not apply to the contravention, and (iii) the contravention shall not constitute an offence nor form a part of the criminal record of the person. (8) The circumstances referred to in sub-section (7) (b) are that the possession occurs on the premises of an educational institution, and for greater certainty “premises” includes buildings, playing fields or other facilities appurtenant to the institution, that are established, maintained or used by the institution for the benefit of its students, whether or not the buildings, playing fields or other facilities are within the same curtilage. (9) Where the person found in possession is under the age of eighteen years, he is required to participate in a drug treatment or drug counselling programme approved by the Minister, and with such financial contribution to the cost of the programme being payable by the person or his parents or guardians, as the Minister may determine. 20