Offences

Any person who contravenes any of these Regulations commits an offence and is liable upon conviction to the penalties prescribed in the Act, that is to sayCAP. 103. (a) on summary conviction, to a fine not exceeding $100,000.00 or to imprisonment for a term not exceeding three years, or to both such fine and imprisonment; 54 Misuse of Drugs (b) on indictment, to a fine not exceeding $150,000.00 or to imprisonment for a term not exceeding seven years or to both such fine and imprisonment. MADE by the Minister responsible for Narcotic Control, this 20th day of January, 1992. (GEORGE PRICE) Minister of Home Affairs, Minister Responsible for Narcotics Control __________ Misuse of Drugs 55 INDEX TO SCHEDULES SCHEDULE I CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF REGULATIONS 14, 15, 16, 18, 19, 20, 23, 25 AND 26. SCHEDULE II CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF REGULATIONS 14, 15, 16, 18, 19, 20, 21, 23, 25 AND 26. SCHEDULE III CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF REGULATIONS 14, 15, 16, 18, 22, 23, 24, 25 AND 26. SCHEDULE IV CONTROLLED DRUGS EXCEPTED FROM THE PROHIBITION ON IMPORTATION, EXPORTATION AND, WHEN IN THE FORM OF A MEDICINAL PRODUCT, POSSESSION AND SUBJECT TO THE REQUIREMENTS OF REGULATIONS 22, 23, 25 AND 26. SCHEDULE V CONTROLLED DRUGS EXCEPTED FROM THE PROHIBITION ON IMPORTATION, EXPORTATION AND POSSESSION AND SUBJECT TO THE REQUIREMENTS OF REGULATIONS 24 AND 25. SCHEDULE VI FORM OF REGISTER SCHEDULE VII IMPORT AUTHORISATION - FORM 1 SCHEDULE VIII EXPORT AUTHORISATION - FORM 2 SCHEDULE IX CERTIFICATE OF OFFICIAL APPROVAL OF IMPORT - FORM 3 56 Misuse of Drugs SCHEDULE X DIVERSION CERTIFICATE - FORM 4 SCHEDULE XI LICENCE FOR THE REMOVAL OF CONTROLLED DRUGS IN TRANSIT - FORM 5 __________ Misuse of Drugs 57 SCHEDULE I [regulation 3] CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF REGULATIONS 14, 15, 16, 18, 19, 20, 23, 25 AND 26. 1. The following substances and products, namely– (a) Bufotenine Cannabinol Cannabinol derivatives Cannabis and cannabis resin Cathinone Cocoa leaf Concentrate of poppy straw Eticylidine Lysergamide Lysergide and other N-alkyl derivatives of lysergamide Mescaline Psilocin Raw opium Rolicyclidine 58 Misuse of Drugs Tenocyclidine 4-bromo-2, 5-dimethoxy- - methylphenethylamine N, N-Diethyltryptamine N, N-Dimethyltryptamine 2,5-Dimethoxy- x,4-dimethylphenethylamine (b) Any compound (not being a compound for the time being specified in paragraph (a) above structurally derived from tryptamine or from a ring-hydroxy tryptamine by substitution at the nitrogen atom of the sidechain with one or more alkyl substituents but no other substituents; (c) Any compound (not being methoxyphenamine or a compound for the time being specified in paragraph (a) above) structurally derived from phenethylamine, an N-alkylphenethylamine, methyl- phenethylamine, an N-alkyl-x- methylphenethylamine, ethylphene- thylamine, or an N-alkyl-ethylphenethylamine by substitution in the ring to any extent with alkyl, alkoxy, alkylenedioxy or halide substituents, whether or not further substituted in the ring by one or more other univalent substituents; (d) Any compound (not being a compound for the time being specified in Schedule II) structurally derived from fentanyl by modification in any of the following ways, that is to sayMisuse of Drugs 59 (i) by replacement of the phenyl portion of the phenethyl group by any heteromonocycle whether or not further substituted in the heterocycle; (ii) by substitution in the phenethyl group with alkyl, alkenyl, alkoxy, hydroxy, halogeno, haloalkyl, amino or nitro groups; (iii) by substitution in the piperidine ring with alkyl or alkenyl groups; (iv) by substitution in the aniline ring with alkyl, alkoxy, alkylenedioxy, halogeno or haloalkyl groups; (v) by substitution at the 4-position of the piperdine ring with any alkoxycarbonyl or alkoxyalkyl or acyloxy group; (vi) by replacement of the N-propionyl group by another acyl group; (e) Any compound (not being a compound for the time being specified in Schedule II) structurally derived from pethidine modification in any of the following ways, that is to say– (i) by replacing of the 1 -methyl group by acyl, alkyl whether or not unsaturated, benzyl or phenethyl group; (ii) by substitution in the peperdine ring with alkyl or alkenyl groups or with a 60 Misuse of Drugs propano bridge, whether or not further substituted; (iii) by substitution in the 4-phenyl ring with alkyl, alkoxy, aryloxy, halogeno or haloalkyl groups; (iv) by replacement of the 4 -ethoxycarbonyl by any other alkoxycarbonyl or any alkoxyalkyl or acyloxy group; (v) by formation of an N-oxide or of a quaternary base. 2. Any stereoisomeric form of a substance specified in paragraph 1. 3. Any ester or ether of a substance specified in paragraph 1 or 2. 4. Any salt of a substance specified in any of paragraphs 1 to 3. 5. Any preparation or other product containing a substance or product specified in any of paragraphs 1 to 4, not being a preparation specified in Schedule V. __________ Misuse of Drugs 61 SCHEDULE II [regulation 3] CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF REGULATIONS 14, 15, 16, 18, 19, 20, 21, 23, 25 AND 26. 1. The following substances and products, namelyAcetorphine Diampromide Alfentanil Diethylhiambutene Allylprodine Difenoxin Alphacetylmethadol Dihydrocodeinone 0- Alphameprodine carboxymethyloxime Alphamethadol Dihydromorphine Alphaprodine Dimenoxadole Anileridine Dimepheptanol Benzethidine Dimethylthiambutene Benzitramide Dioxaphetyl Benzylmorphine (3- butyrate benzylmorphine) Diphenoxylate 62 Misuse of Drugs Betacetylmethadol Dipipanone Betameprodine Drotebanol Betamethadol Ecgonine, and any Betaprodine derivative of Bezitramide ecgononine which is Carfentanil convertible to Clonitazene ecgonine or to Cocaine cocaine Codoxime Ethylmethyl- Desomorphine thiambutene Dextromoramide Etonitazene Diamorphine (Heroin) Etorphine Etoxeridine Norlevorphanol Fentanyl Normethadone Furethidine Normorphine Hydrocodone Norpipanone Hydromorphinol Oxycodone Misuse of Drugs 63 Hydromorphone Oxymorphone Hydroxypethidine Pethidine Isomethadone Phenadoxone Ketobemidone Phenampromide Levomethorphan Phenazocine Levomoramide Phencyclidine Levophenacylmorphan Phenomorphan Levorphanol Phenoperidine Lofentanil Piminodine Medicinal opium Piritramide Metazocine Poppy Straw Methadone Proheptazine Methyadyl acetate Properedine Methyldesorphine Racemethorphan Methyldihydromorphine Racemoramide (6- methyldihydromorphine) Racemorphan Metopon Sufentanil 64 Misuse of Drugs Morpheridine Tenamphetamine Morphine Thebacon Morphine methobromide Thebaine Morphine N-oxide and Tilidate other pentavalent Trimeperidine nitrogen morphine 4-Cyano-2-dimethylamino-4, derivatives 4-diphenylbutane Myrophine 4-Cyano-1-methyl-4 Nicomorphine (3,6 - phenylpiperidine dinicotinoylmorphine) 2, 5 Dimethoxy -a, Noracymethadol 4 Dimethylphene thylamine 1-Methyl-4-phenylpiperidine-4- carboxylic acid 2-Methyl-3-morpholino-1, 1-diphenylpropanecarboxylic acid 4-Phenylpiperidine-4-carboxylic acid ethyl ester 2. Any stereoisomeric form of a substance specified in paragraph l not being dextromethorphan or dextrophan. Misuse of Drugs 65 3. Any ester or ether of a substance specified in paragraph 1 or 2 not being a substance specified in paragraph 6. 4. Any salt of a substance specified in any of paragraphs 1 to 3. 5. Any preparation or other product containing a substance or product specified in any of paragraphs 1 to 4, not being a preparation specified in Schedule V. 6. The following substances and products, namelyAcetyldihydrocodeine Methaqualone Amphetamine Methylamphetamine Codeine Methylphenidate Dextroproxoxyphene Nicocodine Dihydrocodeine Nicocicodine Ethylmorphine (6-nicotinoyldihydrocodeine) (3-ethylmorphine) Norcodeine Fenethylline Phenmetrazine Glutethimide Pholcodine Lefetamine Propiram Mecloqualone 7. Any stereoisomeric form of a substance specified in paragraph 6. 66 Misuse of Drugs 8. Any salt of a substance specified in paragraph 6 or 7. 9. Any preparation or other product containing a substance or product specified in any of paragraphs 6 to 8, not being a preparation specified in Schedule V. __________ Misuse of Drugs 67 SCHEDULE III [regulation 3] CONTROLLED DRUGS SUBJECT TO THE REQUIREMENTS OF REGULATIONS 14, 15, 16, 18, 22, 23, 24, 25 AND 26. 1. The following substances, namely– (a) Benzphetamine Meprobamate Chlorphentermine Methylphenobarbitone Cathine Methyprylone Diethylpropion Pentazocine Ethchlorvynol Phendimetrazine Ethinamate Phentermine Mazindol Pipradrol Mephentermine (b) any 5, 5 disubstituted barbituric acid 2. Any stereoisomeric form of a substance specified in paragraph 1 not being phenylpropanolamine. 3. Any salt of a substance specified in paragraph 1 or 2. 68 Misuse of Drugs 4. Any preparation or other product containing a substance specified in any of paragraphs 1 to 3, not being a preparation specified in Schedule V. __________ Misuse of Drugs 69 SCHEDULE IV [regulation 3] CONTROLLED DRUGS EXCEPTED FROM THE PROHIBITION ON IMPORTATION, EXPORTATION AND, WHEN IN THE FORM OF A MEDICINAL PRODUCT, POSSESSION AND SUBJECT TO THE REQUIREMENTS OF REGULATIONS 22, 23, 25 AND 26 1. The following substances and products, namelyAlprazolam Ketazolam Bromazepam Loprazolam Camazepam Lorazepam Chlordiazepoxide Lormetazepam Clobazam Medazepam Clonazepam Mefenorex Clorazepic acid N- Ethylamphetamine Clotiazepam Nimetazepam Cloxazolam Nitrazepam Delorazepam Nordazepam Diazepam Oxazepam Estazolam Oxazolam 70 Misuse of Drugs Ethyl loflazepate Pinazepam Fencamfamin Prazepam Fenproporex Propylthexedrine Fludiazepam Pyrovalorone Flunitrazepam Temazepam Flurazepam Tetrazepam Halazepam Triazolam Haloxazolam 2. Any stereoisomeric form of a substance specified in paragraph 1. 3. Any salt of a substance specified in paragraph 1 or 2. 4. Any preparation or other product containing a substance or product specified in any of paragraphs 1 to 3, not being a preparation specified in Schedule V. __________ Misuse of Drugs 71 SCHEDULE V [regulation 3] CONTROLLED DRUGS EXCEPTED FROM THE PROHIBITION ON IMPORTATION, EXPORTATION AND POSSESSION AND SUBJECT TO THE REQUIREMENTS OF REGULATIONS 24 AND 25. 1.-(1) Any preparation of one or more of the substances to which this paragraph applies, not being a preparation designed for administration by injection, when compounded with one or more other active or inert ingredients, and containing a total of not more than 100 milligrammes of the substance or substances (calculated as base) per dosage unit or with a total concentration of not more than 2.5 per cent (calculated as base) in undivided preparations. (2) The substances to which this paragraph applies are acetyldihydrocodeine, codeine, dihydrocodeine, ethylmorphine, nicocodeine, nicodicodine (6-nicotin- oyldihydrocodeine), norcodeine, pholcodine, and their respective salts. 2. Any preparation of cocaine containing not more than 0.1 per cent of cocaine calculated as cocaine base, being a preparation compounded with one or other active or inert ingredients in such that the cocaine cannot be recovered by readily applicable means or in a yield which would constitute a risk to health. 3. Any preparation of medicinal opium or of morphine containing (in either case) not more than 0.2 per cent of morphine calculated as anhydrous morphine base, being a preparation compounded with one or more other active or inert ingredients in such a way that the opium or, as the case may be, 72 Misuse of Drugs the morphine, cannot be recovered by readily applicable means or in a yield which would constitute a risk to health. 4. Any preparation of dextropropoxyphene, being a preparation designed for oral administration, containing not more than 135 milligrammes of dextropropoxyphene (calculated as base) per dosage unit or with a total concentration of not more than 2. 5 per cent (calculated as base) in undivided preparations. 5. Any preparation of difenoxin containing, per dosage unit, not more than 0.5 milligrammes of difenoxin and a quantity of atropine sulphate equivalent to at least 5 per cent of the dose of difenoxin. 6. Any preparation of diphenoxylate containing, per dosage unit, not more than 2.5 milligrammes of difenoxylate calculated as base, and a quantity of atrophine sulphate equivalent to at least 1 per cent of the dose of diphenoxylate. 7. Any preparation of propiram containing, per dosage unit, not more than 100 milligrammes of propiram calculated as base and compounded with at least the same amount (by weight) of methylcellulose. 8. Any powder of ipecacuanha and opium comprising- 10 per cent opium, in powder, 10 per cent ipecacuanha root, in powder, well mixed with 80 per cent of any other powdered ingredient containing no controlled drug. 9. Any mixture containing one or more of the preparations specified in paragraphs 1 to 8, being a mixture of which none of the other ingredients is a controlled drug. __________ Misuse of Drugs 73 SCHEDULE VI [regulation 19(1)(a)] FORM OF REGISTER PART I Date on which Register Amount obtained Form in which received received Name Address of person from whom received PART II Name of person to whom Address Authority of person to Amount Form in which In case of supply in Transaction supplied whom supplied to be in supplied supplied a prescription the possession ingredients of the prescription 74 Misuse of Drugs SCHEDULE VII [regulation 28(1), 28(2)] FORM 1 IMPORT AUTHORISATION Authorisation No………………. File No…………………………. IMPORT AUTHORISATION In pursuance of the MISUSE OF DRUGS REGULATIONS the………………………………...……………………………. hereby authorises………………………………(hereinafter called “the importer”) to import the drugs specified in the Schedule hereto, from……………………………………………………. This authorisation is issued subject to the following conditions: 1. The drugs shall be imported before……………………………………… 2. This authorisation is not a licence to be in possession of or to supply the drug imported. 3. This authorisation does not relieve the importer from compliance with any Customs regulations in force for the time being relating to the importation of goods into or trans-shipment of goods in…………..……………………………………or any Post Office regulations for the time being in force in……………………………………………………………….. Misuse of Drugs 75 4. This authorisation is valid only for the importer and may be revoked at any time by the Director of Health Services to whom it shall in that event be immediately surrendered. It shall be produced for inspection when required by any duly authorised person. 5. This authorisation unless sooner revoked shall be produced to the Customs Officer at the time of importation and shall be surrendered to the Customs Officer at the time when the last consignment of drugs is imported. 6. If the importation of all the drugs specified in the Schedule is not effected before the date specified in condition No. 1 this authorisation shall immediately after that date be surrendered to the Director of Health Services. 7. The copy of the export authorisation, if any, which accompanies the drugs, shall be forwarded to the Director of Health Services immediately the importation of the drugs has been effected. ……………………………………………….. (Signature and stamp of the Director of Health Services) Date…………………….. SCHEDULE specifying the drugs and quantities thereof to be imported. This authorisation is not to leave the possession of the importer until it is surrendered to the Director of Health Services or to the Customs Officer, who will complete the certificate on the back and return the authorisation to the Director of Health Services. 76 Misuse of Drugs SCHEDULE VII (continued) ENDORSEMENT BY CUSTOMS OFFICER AT THE TIME OF IMPORTATION Date Description of drugs Quantity How imported Customs Number and date of Signature, mark and Station imported Export entry or of Customs Officer Authorisation parcel No. e.g., ex ....................... (In the case of a ship) or by registered parcel post or by insured box post. This authorisation, when all the drugs to which it relates have been imported, must be returned by the Customs Officer to the Director of Health Services. __________ Misuse of Drugs 77 SCHEDULE VIII [regulation 29(1), 29(2)] FORM 2 EXPORT AUTHORISATION File No. ………… Serial No……………………….Applicant’s Ref. No. ………… EXPORT AUTHORISATION In pursuance of the Misuse of Drugs Regulations, the……………………………………………………………… hereby authorises (hereinafter called “the exporter”) to export from (1)* the port of …………………………………………… by S.S. (2) *(name of territory) by parcel post in .…….…..… parcels from the ……………………………… Post Office in……….………………to…………….……..in virtue of Import Certificate No. …………… dated ……….……… issued by…………………………… the following drugs, namely- This authorisation is issued subject to the following conditions: 1. This authorisation is not a licence to obtain or be in possession of the drugs named herein. 2. This authorisation is available only for drugs of the exact quantity, kind and form specified above. 78 Misuse of Drugs 3. This authorisation does not relieve the exporter from compliance with any Customs regulations in force for the time being relating to the exportation of goods from (name of territory) nor from any provision of the Post Office Act, nor of any Post Office Regulations for the time being in force, nor from any rules or regulations respecting the transmission of articles by post which may for the time being be in force, whether within (name of territory) or elsewhere. CAP. 187. 4. If the drugs are authorised to be exported by ship the duplicate copy, which is attached, shall accompany the consignment to the place of destination, and for this purpose the exporter shall cause it to be delivered to the master of the vessel by which the consignment is dispatched. (See footnote (3)). 5. If the drugs are authorised to be exported by post the attached duplicate copy shall be placed inside the outer wrapper of the parcel containing the drugs. If the drugs are contained in more than one parcel, the duplicate copy shall be placed inside the outer wrapper of one of them; the parcels shall be consecutively numbered on the outer wrapper, and on each parcel there shall be legibly stated the number of the parcel in which the duplicate copy is to be found. (See footnote (2)). 6. The exporter, if so required by the Comptroller of Customs, shall produce to him, within such time as he may allow, proof to his satisfaction that the said drugs were duly delivered at the destination named in this authorisation and in the event of non-compliance with this condition the authorisation shall be deemed void and of no effect. 7. The exporter shall furnish to the Director of Health Services such returns of the goods exported by him in pursuance of this authorisation as may from time to time be required. 8. This authorisation is valid only for the exporter named above and may be revoked at any time by the Director of Health Misuse of Drugs 79 Services. It shall be produced for inspection when required by any duly authorised person. 9. This authorisation, unless sooner revoked, shall continue in force for three calendar months from the date hereof. It must be produced, at the time of export, to an officer of……………. (1) *the Customs Department, *Strike out words not applicable. (2) *the Post Office who will retain it. If not used it shall be surrendered to them within seven days of the date of its expiry. …………………………………………….. (Signature and stamp of the Director of Health Services) Date…………………………….. (1) If any alteration is desired in this authorisation it must be returned with a request for amendment and a statement of the reasons therefore. No unauthorised alteration is permissible. (2) In the case of drugs exported by post, failure to comply with this condition may lead to delay or confiscation of the parcels in the country of destination. (3) In the case of drugs exported by ship this document is required in pursuance of the U.N. Conventions Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances to be produced to the competent authorities of any country through which the consignment passes, whether it is trans shipped or not. 80 Misuse of Drugs Failure to comply with the condition may lead to delay or confiscation of the consignment. __________ Misuse of Drugs 81 SCHEDULE IX [regulation 29(2)] FORM 3 Serial No……………... Import Certificate issued by the Government of Belize. File No………………. CERTIFICATE OF OFFICIAL APPROVAL OF IMPORT I, being the person charged with the administration of the law relating to controlled drugs to which the U.N. Conventions Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances apply hereby certify that I have approved the importation by **………………………………………… **Here insert name, address and business of importer. ……………………………………………………………….. ……………………………………………………………….. of *…………………………………………………………… * Here insert exact description and amount of drugs to be imported. ……………………………………………………………….. ……………………………………………………………….. from***……………………………………………………… *** Here insert name and address of firm in exporting country from which the drug is to be obtained. ….…………………………………………………………… ….…………………………………………………………… subject to the conditions that 82 Misuse of Drugs (i) the consignment shall be imported before the…………………………………………………………; and (ii) the consignment shall be imported by…………………………………………and that I am satisfied that the consignment proposed to be imported is required (1) for legitimate purposes (in the case of raw opium or the cocoa leaf) (2) solely for medicinal or scientific purposes (in the case of cannabis or drugs to which the U.N. Conventions Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances apply). ………………………………………… Signature and stamp of the Director of Health Services Date…………………. This document is solely for production to the Government of the country from which the drug is proposed to be obtained. (*Note: In the territories into which raw opium is imported for the purpose of manufacturing prepared opium, the following alternative clause should be inserted in this form: “for the purpose of manufacturing prepared opium and that it will not be re-exported.”) __________ Misuse of Drugs 83 SCHEDULE X [regulations 31 and 34] FORM 4 DIVERSION CERTIFICATE I, being the person charged with the administration of the law relating to controlled drugs to which the U.N. Conventions Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances apply, hereby certify that I have authorised the diversion of the consignment of drugs, of which particulars are given below, to the destination stated below. Description and quantities of drugs…………………………….. Name of vessel on which the consignment was brought to……………………………………………………………….. Name and address of the exporter authorisation and authority by whom issued…………………………………………………… Name and address of original consignee named in the export authorisation…………………………………………………… Name and address of consignee to whom the consignment is authorised to be diverted………………………………………. Number and date of import certificate (and authority by whom issued) by virtue of which this diversion is authorised……….. Name of vessel on which the consignment is authorised to be carried from (name of port or territory)………………………. 84 Misuse of Drugs Period within which the consignment is to be carried from the territory……………………………………………………….. This certificate is issued subject to the following conditions: 1. The duplicate copy of this certificate shall accompany the consignment to the place of destination, and for this purpose shall be delivered to the master of the vessel by which the consignment is despatched. 2. This certificate does not relieve any person who may be concerned with the carriage of the consignment of drugs specified above from compliance with any customs regulations in force for the time being relating to the exportation of goods from (name of territory). 3. This certificate is valid only for the consignment and for the period specified above, and may be revoked at any time. 4. If the consignment of drugs is not carried from (name of territory) within the period specified above, this certificate shall be surrendered to the Director of Health Services. 5. This certificate shall be produced at any time when required by a duly authorised person. …………………………………………… (Signature and stamp of Director of Health Services) Date………………………….. Note: (1) If any alteration is desired in this authorisation, it must be returned with a request, for amendment and a statement of the reasons therefore. No unauthorised alteration is permissible. Misuse of Drugs 85 (2) This document is required in pursuance of the United Nations Conventions Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, to be produced to the competent authorities of any country through which the consignment passes, whether it is transhipped or not. Failure to comply with the condition may lead to delay or confiscation of the consignment. __________ 86 Misuse of Drugs SCHEDULE XI [regulation 32] FORM 5 LICENCE FOR THE REMOVAL OF CONTROLLED DRUGS IN TRANSIT ………………………………………………………...is hereby authorised to move the dangerous drugs described hereunder from…………………………………….……………………… ……………………………………….to……………………… Nature and quantity of dangerous drugs……………………… Particulars of export authorisation (or diversion certificate) if any relating thereto……………………………………….……. Name of ship on which the drugs were brought into Belize……..……………………………………….…………… Date of arrival…………………………………………… Number of packages………………………………………… Marks and numbers on packages…………………………… This licence is issued subject to the following conditions - 1. This licence is valid only for the removal of the drugs specified above. 2. The removal of the drugs shall take place between a.m. …………………….and p.m. a.m. on the …………..….…2…… p.m.