s.16Penalties for offences under section 3
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Section 16Part 0 —

Penalties for offences under section 3

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Subject to subsections (2), (3) and (4), a person who commits an offence contrary to section 3(1) or (2) is liable on summary conviction to a fine of three thousand dollars and to imprisonment with hard labour for three years, and, in the case of a third or subsequent conviction, to a fine of ten thousand dollars and to imprisonment with hard labour for ten years.
Notwithstanding subsection (1), a person who commits an offence that — (a) is contrary to section 3(1); (b) is specified in Part A of Schedule 2; and (c) is in relation to a controlled drug that — (i) is not a hard drug; and (ii) is less than one pound in weight, is, on summary conviction, liable to a fine of twenty thousand dollars and to imprisonment with hard labour for seven years and, in the case of a second or subsequent conviction for any such offence, to a fine of twenty thousand dollars and to imprisonment with hard labour for ten years.
Notwithstanding subsection (1), a person who commits an offence that — (a) is contrary to section 3(1); (b) is specified in Part A of Schedule 2; and (c) is in relation to a controlled drug that — (i) is not a hard drug; and (ii) is one pound or more in weight, is, on summary conviction, liable to a fine of twenty thousand dollars and to imprisonment with hard labour for seven years and , in the case of a second or subsequent conviction for any such offence, to a fine and to imprisonment with hard labour for fifteen years.
Notwithstanding subsection (1), a person who commits an offence that — (a) is contrary to section 3(1); and (b) is in relation to a controlled drug that — (i) is a hard drug; and (ii) is less than two ounces in weight; and (c) consists of buying, consuming, possessing or attempting to buy, consume or possess any such drug, is, on summary conviction, liable in the case of a first conviction for such an offence to a fine of ten thousand dollars and to imprisonment for seven years; and in the case of a second or subsequent conviction for any such offence to a fine of twenty thousand dollars and to imprisonment for fifteen years.
Notwithstanding subsection (1), a person who commits an offence that — (a) is contrary to any provision of this Act; (b) is specified in Part B of Schedule 2; and (c) is in relation to a controlled drug that is a hard drug, is, on summary conviction, liable to imprisonment and a fine in accordance with Part B of Schedule 2.
Where a person who has attained the age of seventeen years is convicted of an offence punishable under subsection (1), (2), (3) or (4), the court before which that person is convicted may, with the consent of the person convicted and subject to sections 38 to 41, in addition to or instead of dealing with that person in any other way, make a community service order.
Where a person is convicted of an offence punishable under subsection (1), (2), (3) or (4), the court before which that person is convicted may, in addition to or instead of dealing with that person in any other way, make an attendance order under sections 42 to 44.
Where a court makes a community service order under subsection (6), it may also, in respect of the same offence, make an attendance order under subsection (7), and where a court makes an attendance order under subsection (7), it may also, in respect of the same offence, make a community service order under subsection (6).

Cross References