s.4Manufacture and supply of scheduled substances
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Section 4Part 0

Manufacture and supply of scheduled substances

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A person who — (a) manufactures a scheduled substance; or (b) supplies a scheduled substance to another person, knowing or suspecting that the scheduled substance is to be used in or for the production of a controlled drug contrary to paragraph (c) of section 3(1) commits an offence and is liable — (i) on summary conviction, to a fine of ten thousand dollars and to imprisonment for five years; or (ii) on conviction on indictment, to a fine and to imprisonment for fourteen years.
The Cabinet may make regulations — (a) imposing requirements as to the documentation of transactions involving scheduled substances; (b) requiring the keeping of records and the furnishing of information with respect to scheduled substances; (c) for the inspection of records kept pursuant to the regulations; and (d) for the labelling of consignments of scheduled substances.
Regulations made under paragraph (b) of subsection (2) may, in particular, require — (a) the notification of the proposed exportation of substances specified in Table 1 in Schedule 3 to such countries as may be specified in the regulations; and (b) the production, in such circumstances as may be so specified, of evidence that the required notification has been given, and for the purposes of section 12 of the Customs and Border Control Act (2024 Revision) (prohibited or restricted goods) any such substance is to be taken to have been exported contrary to a restriction for the time being in force with respect to it under this Act if it is exported without the requisite notification having been given.
Regulations under this section may make different provisions in relation to the substances specified in Tables 1 and 2 in Schedule 3 and in relation to different cases or circumstances.
A person who — (a) fails to comply with a requirement imposed by regulations under this section; or (b) in purported compliance with a requirement imposed by regulations under this section, furnishes information which that person knows to be false in a material particular or recklessly furnishes information which is false in a material particular, commits an offence and is liable — (i) on summary conviction to a fine of three thousand dollars and to imprisonment for twelve months; or (ii) on conviction on indictment to a fine and to imprisonment for two years.
Information obtained pursuant to regulations made under this section shall not be disclosed except in criminal proceedings or proceedings under this Act relating to the confiscation of the proceeds of drug trafficking.

Cross References