Section 3Part 0 —
Offence to have dealings in controlled drugs unless authorised
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A person who, without lawful excuse or without being authorised in that behalf, — (a) imports; (b) exports; (c) produces; (d) stores; (e) sells, buys or otherwise deals in; (f) supplies; (g) distributes; (h) dispenses; (i) issues a prescription for; (j) administers; (k) possesses, constructively or otherwise; (l) consumes; or (m) has in that person’s possession, whether lawfully or not, with intent that it be supplied, whether by that person or some other person, and whether in the Islands or elsewhere to another person in contravention of this subsection, any controlled drug, pipe, utensil or thing used in the preparation or consumption of any controlled drug, or who attempts, assists or is concerned in any of such matters commits an offence.
A person commits an offence if, without lawful excuse or without being authorised in that behalf — (a) being the occupier or concerned in the management of any premises, that person permits or suffers any of the following activities to take place on those premises, that is to say, producing, supplying, distributing, dispensing, administering or consuming or attempting to do any of such things in contravention of subsection (1); or (b) that person frequents any place used for the purpose of consuming any controlled drug.
For the purposes of subsection (1) — “lawful excuse” in relation to possession, means possession by a customs and border control officer, constable or person officially taking part in an investigation or trial of a matter arising out of a contravention or suspected contravention of this Act.
Subject to subsection (5), in a prosecution under this section it shall be a defence for an accused person to prove that that accused person neither knew, suspected nor had reason to suspect the existence of some fact alleged by the prosecution which it is necessary for the prosecution to prove if that accused person is to be convicted.
Where in a prosecution under this section it is necessary, if the accused person is to be convicted, for the prosecution to prove that some substance or product involved in the alleged offence was the controlled drug which the prosecution alleges it to have been, and it is proved that such substance or product was that controlled drug, the accused person — (a) shall not be acquitted by reason only of proving that that accused person neither knew, suspected nor had reason to suspect that such substance or product was the particular controlled drug alleged; but (b) shall be acquitted if that accused person proves that that accused person neither believed, suspected nor had reason to suspect that the substance or product was a controlled drug.
Nothing in subsection (4) or (5) shall prejudice any defence which it is open to a person charged with an offence under this section to raise apart from those subsections.
Defined Terms
lawful excuse
Referenced By
- Section 4 — Manufacture and supply of scheduled substances
Reference to contravention of paragraph (c) of section 3(1).
- Section 16 — Penalties for offences under section 3
Reference to offences under section 3(1) or (2).
- Section 19 — Ships and aircraft used for illicit traffic
Reference to contravention of section 3(1).