Chapter 15:02
DANGEROUS DRUGS ACT
Acts 28/1955, 1/1996, 22/2001, 23/2004.
SI’s 93/2010 and 161/2012.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
PART II
COCA LEAVES, INDIAN HEMP AND RAW OPIUM
PART III
[repealed by Act 23 of 2004 with effect from the 1st July, 2006.]
PART IV
MEDICINAL OPIUM, COCAINE, MORPHINE AND OTHER DRUGS
Chapter 15:02
DANGEROUS DRUGS ACT
Acts 28/1955, 1/1996, 22/2001, 23/2004.
SI’s 93/2010 and 161/2012.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
PART II
COCA LEAVES, INDIAN HEMP AND RAW OPIUM
PART III
[repealed by Act 23 of 2004 with effect from the 1st July, 2006.]
PART IV
MEDICINAL OPIUM, COCAINE, MORPHINE AND OTHER DRUGS
PART V
CONTROL OF DANGEROUS DRUGS
[substituted by Act 23 of 2004 with effect from the 1st July, 2006.]
PART VI
GENERAL
AN ACT to control the importation, exportation, production, possession, sale, distribution and
use of dangerous drugs; and to provide for matters incidental thereto.
[Date of commencement: 15th April, 1956.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Dangerous Drugs Act [Chapter 15:02].
2 Interpretation
(1) In this Act—
“corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of
the government of a country outside Zimbabwe to be a law providing for the control and regulation in
that country of the manufacture, sale, use, export and import of drugs in accordance with the Hague
Convention, the Geneva Convention (No. 1) and the Geneva Convention (No. 2);
“ Director-General ” means the Director-General of the Medicines Control Authority of Zimbabwe
appointed in terms of section 26 of the Medicines and Allied Substances Control Act [Chapter 15:03];
“Geneva Convention (No.1)” means the International Opium Convention signed at Geneva on the
19th February, 1925;
“Geneva Convention (No.2)” means the International Convention for limiting the manufacture,
regulation and distribution of narcotic drugs signed at Geneva on the 13th July, 1931;
“Hague Convention” means the International Opium Convention signed at the Hague on the 3rd
January, 1912;
“inspector” means an inspector appointed in terms of section fifteen;
“Minister” means the Minister of Health and Child Welfare or any other Minister to whom the
President may, from time to time, assign the administration of this Act;
[By S.I. 161 of 2012 the Minister of Health and Child Welfare was re-assigned]
“Registrar”
[Repealed by Act 1 of 1996 with effect from the 1st August, 1997.]
“Secretary” means the Secretary of the Ministry for which the Minister is responsible;
“specified police officer” means any member of the Police Force of or above the rank of sergeant.
(2) In any certificate such as is referred to in the definition of “corresponding law” in subsection (1),
a statement as to the effect of the law mentioned in such certificate or a statement in any such
certificate that any facts constitute an offence against that law shall be conclusive.
(3) Any word or expression to which a meaning has been assigned in Chapter VII (“Crimes Involving
Dangerous Drugs”) of the Criminal Law Code shall have the same meaning when used in this Act.
[inserted by Act 23 of 2004 with effect from the 1st July, 2006]
PART II
COCA LEAVES, INDIAN HEMP AND RAW OPIUM
3 Application of Part II
This Part applies to any dangerous drug referred to in paragraph (a) of the definition of “ dangerous
drug ” in section 155 of the Criminal Law Code [Chapter 9:23] (that is, any coca bush, coca leaf, raw
opium or cannabis plant).
[substituted by Act 23 of 2004 with effect from the 1st July, 2006]
4 . . . . .
5 . . . . .
[repealed by Act 23 of 2004 with effect from the 1st July, 2006]
6 Regulations
(1) The Minister may by regulation—
(a) prohibit, control or restrict the production, possession, sale, use or distribution of drugs to
which this Part applies, and the cultivation of plants from which such drugs are derived;
(b) prescribe measures to be taken for the eradication of plants, to which regulations made
under paragraph (a) apply, found to be growing wild.
(2) Any person who contravenes any provision of regulations made in terms of subsection (1) shall be
guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not
exceeding ten years or to both such fine and such imprisonment.
[inserted by Act 22 of 2001 with effect from 10 September, 2002]
PART III
PREPARED OPIUM AND PREPARED INDIAN HEMP
[repealed by Act 23 of 2004 with effect from the 1st July, 2006]
PART IV
MEDICINAL OPIUM, COCAINE, MORPHINE AND OTHER DRUGS
10 Application of this Part
(1) Save as is provided in Part V, the drugs to which this Part applies are the drugs specified in the
Schedule.
(2)
[repealed by Act 23 of 2004 with effect from the 1st July, 2006]
(3) The Minister may, by statutory instrument, apply this Part, with such modifications as may be
specified, to any of the following drugs—
(a) methylmorphine (commonly known as codeine); and
(b) ethylmorphine;
and their respective salts.
(4) If it is made to appear to the Minister that a finding with respect to a preparation containing any of
the drugs to which this Part applies has, in pursuance of article 8 of the Geneva Convention (No.1),
been communicated by the Economic and Social Council of the United Nations to the parties to the
said Convention, the Minister may, by statutory instrument, declare that this Part shall, as from such
date as may be specified in the notice, cease to apply to the preparation specified therein.
11 Restriction on import and export of drugs to which this Part applies
(1) No person shall import into or export from Zimbabwe any drugs to which this Part applies, except
under and in accordance with the terms of a licence issued by the Minister.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not
exceeding level twelve or to imprisonment for a period not exceeding ten years or to both such fine
and such imprisonment.
[inserted by Act 22 of 2001 with effect from 10 September, 2002]
12 Power to control manufacture, sale, etc., of drugs to which this Part applies
(1) For the purpose of preventing the improper use of the drugs to which this Part applies, the Minister
may by regulation prohibit, control or restrict the manufacture, sale, possession or distribution of those
drugs and in particular, but without prejudice to the generality of the foregoing—
(a) prohibit the manufacture of any such drug except on premises licensed for the purpose by
the Minister and subject to any conditions specified in the licence;
(b) prohibit the manufacture, sale or distribution of any such drug except by persons licensed
or otherwise authorized under the regulations by the Minister and subject to any conditions
specified in the licence or authority;
(c) regulate the issue of prescriptions containing any such drug and the dispensing of any
such prescriptions;
(d) require persons engaged in the manufacture, sale or distribution of any such drug to keep
such books and furnish such information either in writing or otherwise as may be prescribed
by the regulations.
(2) Regulations made under this section shall provide for authorizing a person lawfully carrying on
business in accordance with any law relating to pharmacy and poisons as an authorized seller of
poisons—
(a) in the ordinary course of his retail business to manufacture, at any premises duly
registered under any such law, any preparation, admixture or extract of a drug to which this
Part applies; or
(b) to carry on at any such premises as aforesaid the business of retailing, dispensing or
compounding any such drug;
subject to the power of the Minister to withdraw the authorization in the case of a person who has
been convicted of an offence against this Act and who cannot, in the opinion of the Minister, properly
be allowed to carry on the business of manufacturing or selling or distributing, as the case may be,
any such drug.
(3) Nothing in any regulations made under this section shall be deemed to authorize the sale by retail
of poisons by a person who is not qualified in that behalf under or otherwise than in accordance with
any law relating to pharmacy and poisons or to be in derogation of practitioner any such law
prohibiting, restricting or regulating the sale of poisons.
(4) Any person who contravenes any provision of regulations made in terms of this section shall be
guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not
exceeding ten years or to both such fine and such imprisonment.
[inserted by Act 22 of 2001 with effect from 10 September, 2002]
PART V
CONTROL OF DANGEROUS DRUGS
[substituted by Act 23 of 2004 with effect from the 1st July, 2006]
13 Interpretation in Part V
In this Part—
“the 1961 Convention” means the single Convention on Narcotic Drugs, 1961, as amended by the
1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;
“the 1971 Convention” means the Convention on Psychotropic Substances, 1971;
“the 1988 Convention” means the United Nations Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances, 1988;
“dangerous drug” has the meaning given to that term in section 155 of the Criminal Law
Code[Chapter 9:23];
“dangerous drugs crime” means a crime specified in Chapter VII (“Crimes Involving Dangerous
Drugs”) of the Criminal Law Code[Chapter 9:23];
“deal in”, in relation to a dangerous drug, includes to sell or to perform any act, whether as a
principal, agent, carrier, messenger or otherwise, in connection with the delivery, collection,
importation, exportation, trans-shipment, supply, administration, manufacture, cultivation,
procurement or transmission of such drug;
“police district” means an area designated by the Commissioner of Police as a police district for the
purposes of the administration of the Police Force;
“scheduled drug” means a drug specified in Part I or Part II of the Schedule and the term “ Part I
scheduled drug ” shall be construed accordingly.
14 Specification of dangerous drugs
(1) Part I of the Schedule specifies dangerous drugs in compliance with the 1961, 1971 and 1988
Conventions
(2) Part II of the Schedule specifies other dangerous drugs.
(3) If it appears to the Minister that any derivative of morphine or cocaine or of any salts of morphine
or cocaine or any alkaloid of opium or any other drug of whatever kind not specified in Part I of the
Schedule—
(a) is or is likely to be productive, if improperly used, of ill effects substantially of the same
character or nature as or analogous to those produced by morphine or cocaine; or
(b) is capable of being converted into a substance which is likely to be productive, if
improperly used, of such effects;
he may, by notice in a statutory instrument, after consultation with the Authority, amend Part I of the
Schedule by specifying such derivative or alkaloid or drug.
(4) If it is made to appear to the Minister that, in pursuance of article 12 of the 1988 Convention, a
decision by the Commission on Narcotic Drugs of the Economic and Social Council of the United
Nations to include or delete from the annex to that Convention any substance has been
communicated by the Secretary-General of the United Nations to the parties to that Convention, the
Minister may, by notice in a statutory instrument, amend Part I of the Schedule by specifying or
deleting such substance as a dangerous drug, as the case may be.
(5) Whenever the Authority considers it necessary or desirable in the public interest that any drug,
other than one specified in accordance with the 1988 Convention, should be prohibited absolutely, it
may, by notice in a statutory instrument, after consultation with the Minister, amend *Part II of the
Schedule by specifying such drug, and may in like manner amend or revoke such specification.
[See this *Part below repealed and substituted by SI 93/2010 Amendment Regulations (No.8) notified in terms of
the above subsection (5) with effect from the 14th May, 2010.]
14A Restriction on import and export of dangerous drugs
(1) No person shall import into or export from Zimbabwe—
(a) coca leaves, cannabis plant, raw opium or any drug specified in Part I of the Schedule
except under and in accordance with the terms of a licence issued by the Authority;
(b) prepared opium, prepared cannabis, cannabis resin or any drug specified in Part II of the
Schedule.
(2) Any person who contravenes subsection (1) shall be guilty of unlawful dealing in a dangerous
drug as provided in section 156 of the Criminal Law Code[Chapter 9:23].
(3) If at any time the importation into a foreign country of a dangerous drug referred to in paragraph
(a) of subsection (1) is prohibited or restricted by the laws of that country, there shall, while that
prohibition or restriction is in force, be attached to every licence which is issued under this Act
authorising the export of that drug from Zimbabwe, such conditions as appear necessary for
preventing or restricting, as the case may be, the exportation of that drug from Zimbabwe to that
country during such time as the importation of that drug into that country is so prohibited or restricted,
and any such licences issued before the prohibition or restriction came into force shall, if the Minister
by order so directs, be deemed to be subject to the like conditions.
14B Authority may restrict lawful possession, etc., of dangerous drugs in
certain cases
(1) If any person who is a medical, dental or veterinary practitioner or pharmaceutical chemist or
other person who is authorised in terms of section 161 (“Persons who may lawfully possess, deal in or
use dangerous drugs”) of the Criminal Law Code [Chapter 9:23] to lawfully possess, deal in or use a
dangerous drug—
(a) is convicted of a dangerous drugs crime or an offence under the repealed Act or this Part;
or
(b) is considered by the Authority to be prescribing, administering or supplying any Part I
scheduled drug in an irresponsible manner;
the Authority may, subject to this section, issue a direction to that person prohibiting him from
acquiring, possessing, prescribing, administering, manufacturing, compounding or supplying, as may
be appropriate, such Part I scheduled drug for such period of time as the Authority shall specify in the
direction.
(2) Before issuing any direction under subsection (1) the Authority shall direct the Director-General to
give written notice to the person concerned of its intention to issue the direction.
(3) A notice given under subsection (2) shall—
(a) specify the terms of the proposed direction and the grounds on which the Authority proposes to
issue it;
(b) indicate that the person to whom it is directed may within a calendar month of the receipt of the
notice submit to the Director-General any comments he may wish to put forward in connection with
the matter.
(4) If—
(a) no comments are submitted under paragraph (b) of subsection (3); or
(b) after consideration of any comments submitted under paragraph (b) of subsection (3) the
Authority decides to issue the direction;
the Authority may direct the Director-General to issue the direction.
(5) any person aggrieved by a decision of the Authority to issue a direction under subsection (1) may,
within 30 days after the date of that decision, appeal to the Administrative Court, but in such case the
direction shall continue to have effect until the appeal is determined.
(6) Any person subject to a direction issued under subsection (1) who contravenes the terms of the
direction shall be guilty of contravening section 156 (“Unlawful dealing in dangerous drugs”) or 157
(“Unlawful possession or use of dangerous drugs”) of the Criminal Law Code [Chapter 9:23] with
respect to the acquisition, possession, prescription, administration, manufacture, compounding or
supply of the Part I scheduled drug specified in the direction.
14C Regulations under Part V
(1) For the purpose of preventing the improper use of dangerous drugs, the Minister may by
regulation prohibit, control or restrict the cultivation, manufacture, sale, possession or distribution of
those drugs and, in particular, but without prejudice to the generality of the foregoing—
(a) prohibit, control or restrict the cultivation, production, possession, sale, use or distribution
of coca bushes, cannabis plants and raw opium;
(b) prescribe measures to be taken for the eradication of plants, to which regulations made
under paragraph (a) apply, found to be growing wild;
(c) prohibit the manufacture of a Part I scheduled drug except on premises licensed for the
purpose by the Authority and subject to any terms and conditions specified in the licence;
(d) prohibit the manufacture, sale or distribution of a Part I scheduled drug except by persons
licensed or otherwise authorized under the regulations;
(e) require precautions for the safe custody of Part I scheduled drugs;
(f) require the packaging and labelling of Part I scheduled drugs and specify the manner of
such packaging and labelling;
(g) regulate the transport of Part I scheduled drugs and the methods used for destroying or
otherwise disposing of such drugs when no longer required;
(h) regulate the issuing of prescriptions containing any Part I scheduled drug and the supply
of such drugs on prescription and the dispensing of any such prescriptions;
(i) require persons issuing or dispensing prescriptions containing Part I scheduled drugs to
furnish to the Authority such information relating to those prescriptions as may be prescribed;
(j) require persons engaged in the manufacture, sale and distribution of any Part I scheduled
drug to keep such books and furnish such information, either in writing or otherwise, as may
be prescribed;
(k) require any medical practitioner treating a person whom he considers, or has reasonable
grounds to suspect, is addicted to any dangerous drug, to furnish such particulars concerning
that person to the Permanent Secretary responsible for health as may be prescribed;
(l) prohibit any medical practitioner from administering, supplying or authorising the
administration and supply to persons addicted to any dangerous drug such drug, and from
prescribing for such persons such drug, except under and in accordance with the terms of a
permit issued by the Permanent Secretary responsible for health.
(m) regulate the fees payable for the issue or renewal or any licence, application or thing
done in terms of this Part;
(n) make any contravention of the regulations an offence and impose a fine not exceeding
level six for any such contravention.
(2) Regulations made under this section shall provide for authorising a person lawfully carrying on
business as a pharmaceutical chemist—
(a) in the ordinary course of his retail business to manufacture, at any premises registered under
Part VI, any preparation, admixture or extract of a Part I scheduled drug;
(b) to carry on at any such premises the business of retailing, dispensing or compounding any such
drug;
subject to the power of the Authority to withdraw the authorisation in the case of a person who has
been convicted of a dangerous drugs crime, and who cannot, in the opinion of the Authority, properly
be allowed to carry on the business of a manufacturing or selling or distributing, as the case may be,
such a drug.
14D Powers of search, seizure and forfeiture
(1) Notwithstanding anything to the contrary contained in any other enactment, and without
derogation from section sixteen, if any inspector, customs officer, or police officer above the rank of
sergeant (or below the rank of sergeant with the written authorisation of a police officer above the
rank of sergeant) has reasonable grounds for believing that any person is in unlawful possession of
any dangerous drug, he may, without a search warrant—
(a) enter upon any land where such person is believed to be, and there require him to produce for
his inspection such dangerous drug; or
(b) search such person or any animal in his possession, and enter and search any land, building,
vehicle, aircraft, train, vessel, or boat in the possession or use of such person:
Provided that—
(i) a person shall be searched only by a person of like sex; and
(ii) such search shall be done with the strictest regard to decency and decorum;
and seize any dangerous drug in the possession of such person and, unless he is satisfied that such
person will appear and answer any charge which may be preferred against him, arrest and detain
him.
(2) Any inspector, customs officer or police officer above the rank of sergeant (or below the rank of
sergeant with the written authorisation of a police officer above the rank of sergeant) may at any time
enter upon and inspect any land, building or other structure on or in which plants, from which
dangerous drugs are derived, may be found, for the purpose of ascertaining if any such plants are
being cultivated in contravention of this Part or Chapter VII (“Crimes involving dangerous drugs”) of
the Criminal Law Code [Chapter 9:23].
(3) If on any search or inspection made in terms of this section any dangerous drug, pipe, receptacle
or appliance for smoking or using the same or any plant which it is suspected upon reasonable
grounds is being cultivated in contravention of this Part or Chapter VII (“Crimes involving dangerous
drugs”) of the Criminal Law Code [Chapter 9:23]is found, it may be seized and removed, together with
any books, accounts or documents relating thereto.
(4) Any person who is arrested and detained and any dangerous drug or article which is seized in
terms of subsection (1) or (3) shall be taken as soon as practicable before a court of competent
jurisdiction to be dealt with according to law.
(5) Any person who resists, hinders or obstructs an inspector or other person in the lawful exercise of
his powers under this section shall be guilty of an offence and liable to a fine not exceeding level five
or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
(6) If on the trial of any person for contravening or failing to comply with any provision of this Act or
any condition of any authority or licence issued thereunder it is proved that any drug, pipe, receptacle,
appliance or plant seized under this section was produced, kept, used, sold, distributed or cultivated
in contravention of this Act, it shall be forfeited to the State.
14E Forfeiture on conviction, and prohibition from driving and flying
(1) Where any person is convicted of any dangerous drugs crime the court—
(a) shall order that any drug to which the conviction relates be forfeited to the State, unless
the drug is further required as an exhibit at a trial; and
(b) may order that any vehicle, aircraft, vessel, boat, animal, receptacle or thing in or upon
which such drug was found or was used for the purpose of or in connection with such drug,
be forfeited to the State, and section 62 of the Criminal Procedure and Evidence Act [Chapter
9:07] shall thereupon apply, mutatis mutandis, in respect of the vehicle, aircraft, vessel, boat,
animal, receptacle, container or thing.
(2) If it is established to the satisfaction of the court convicting a person of a dangerous drugs crime
that the convicted person used any motor vehicle or aircraft to convey the drug to which the conviction
relates, the court may order that the convicted person or, where the motor vehicle was driven or
aircraft was flown by another person who was a participant or accomplice in or accessory to the
crime, such other person, be prohibited from driving all classes of motor vehicles or flying all types of
aircraft for a period not exceeding 15 years, as the case may be, and the appropriate provisions of
the Road Traffic Act [Chapter 13:11] or the Civil Aviation Act [Chapter 13:16] shall apply, mutatis
mutandis, in respect of any such prohibition.
14F Safe custody of forfeited dangerous drugs
(1) Upon the conclusion of criminal proceedings resulting in the conviction of a person of a
dangerous drugs crime, the court shall order that any dangerous drugs forfeited to the State, other
than cannabis, be delivered forthwith to the police officer in command of the police district where the
drugs were seized for safe custody, and shall ensure that such police officer and the Director-General
are given full particulars of such drugs, including their quantity and any other relevant information.
(2) Pending their destruction in terms of section fourteen G, the Director-General shall store any
drugs delivered to him under subsection (1) in a place of maximum security under his personal
control, free from contamination by moisture or dust, and shall protect them from access by any other
person, and keep and maintain them in such a safe manner as to avoid and prevent any deterioration
whatsoever.
14G Destruction of forfeited dangerous drugs and articles
(1) Within 7 days of the receipt from the court of any consignment of forfeited dangerous drugs the
police officer in command of the police district to whom any dangerous drugs are delivered in terms of
section fourteen F (hereafter in this section called “ the custodian police officer ”) shall
communicate in writing to the Commissioner General of Police, the Director-General, the
Commissioner-General of the Zimbabwe Revenue Authority and the Attorney-General, the full
particulars of such drugs, including their quantity and all other relevant information, which shall, in
every material respect, correspond strictly with the particulars furnished to the custodian police officer
and the Director-General by the court at the time of delivery to him of the forfeited dangerous drugs.
(2) Within 14 days of the written communication referred to in subsection (1), the custodian police
officer shall appoint a date and time, which shall not be before the expiry of the period within which an
appeal against the conviction concerned may be noted, for the total destruction by incineration of
such drugs:
Provided that, where an appeal has been noted, the drugs shall not be destroyed until such time as
the appeal has been abandoned or determined, whereupon this subsection shall apply.
(3) For the purposes of subsection (2) there is hereby constituted a panel comprising a police officer
of or above the rank of superintendent designated by the Commissioner of Police, a senior customs
officer designated by the Commissioner-General of the Zimbabwe Revenue Authority, the Director-
General or an inspector designated by him and a senior official of the Ministry responsible for justice
designated by the Attorney-General, who shall, if they so decide whether on their own initiative or at
the request of the custodian police officer concerned, assist the custodian police officer in the
destruction of all dangerous drugs, other than cannabis plants, forfeited to the State.
(4) On the date and time appointed by the custodian police officer under subsection (2), the panel
referred to in subsection (3) may attend to the destruction by incineration of the drugs concerned in
the full view and presence of each other and, immediately thereafter, shall sign a joint declaration in
the prescribed form, attesting to the total destruction of the drugs.
(5) Within 14 days of the destruction of any dangerous drugs forfeited to the State, the Director-
General shall cause to be published in the Gazette for public information the joint declaration referred
to in subsection (4).
(6) Whenever the custodian police officer is prevented by illness or other reasonable cause from
discharging his functions under this section, such functions shall be discharged by any police officer
of or above the rank of sergeant designated by the custodian police officer for that purpose.
(7) Cannabis or other article forfeited under this Part shall, unless the court otherwise directs, be
burned or otherwise destroyed in the presence of a specified police officer.
14H Forfeiture on acquittal or withdrawal of charge
At the conclusion of any proceedings in connection with a dangerous drugs crime, resulting in the
accused being acquitted or the charge against him being withdrawn or otherwise dismissed, the court
shall order that any drug, other than cannabis, which was seized in connection with the proceedings,
shall be forfeited to the State, and sections fourteenF and fourteenG shall apply, mutatis mutandis, in
relation to the drug:
Provided that, if the drug is further required as an exhibit at a trial, this section shall not apply in
relation to the drug.
14J Forfeiture where no criminal proceedings are instituted
If any dangerous drug, other than cannabis, has been seized by a police officer or any other public
officer and no criminal proceedings are instituted in connection therewith and the drug is not further
required as an exhibit at a trial, the drug shall be forfeited to the State and the police officer or other
public officer concerned shall deliver the drug to the Director-General as though the court had made
an order in respect of that drug under section fourteenG, and thereafter section fourteenH and shall
apply, mutatis mutandis, in relation to the drug.
PART VI
GENERAL
15 Appointment of inspectors
(1) Subject to subsection (2), the Minister shall appoint 1 or more inspectors for the purpose of
enforcing this Act.
[ See Appointments gazetted on the 24th June, 2011 by GN 252/11]
(2) No person shall be qualified for appointment as an inspector unless he is a person duly authorized
to act as a compounder or dispenser of poisons or drugs in terms of any law relating to pharmacy and
poisons.
16 Powers of inspection
(1) Any inspector shall, for enforcing this Act, have power at all reasonable times to enter the
premises on which any pharmaceutical chemist, general dealer or licensed manufacturer of any drug
to which this Act applies carries on business, and any premises owned or occupied by any person
authorized to be in possession of any such drug, and to enter any other premises in which he has
reasonable cause to suspect that an offence against this Act has been committed, and in either case
shall have power to make such examination and inquiry and do such other things, including the
checking of stocks and the taking, on payment therefor, of samples as may be necessary for
ascertaining whether this Act is being complied with.
(2) All books, records and documents required to be kept by any person under this Act shall be open
to inspection by any police officer or by any other member of a police force authorized in writing by a
magistrate or by a police officer.
(3) If any person wilfully delays or obstructs an inspector or a member of a police force in the exercise
of his powers under this section, or refuses to allow any sample to be taken in accordance with this
section, or fails without reasonable excuse to give any information which he is duly required under this
section to give, he shall be guilty of an offence and liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[amended by Act 22 of 2001 with effect from 10 September, 2002]
17 [ repealed by Act 23 of 2004 with effect from the 1st July, 2006.]
18 Persons upon whom powers of inspection, etc., are conferred to produce
proof of identity
Any person upon whom powers of inspection, search, seizure or forfeiture are conferred under this
Act who fails on demand to produce—
(a) in the case of an inspector, a certificate under the hand of the Secretary of his
appointment as an inspector;
(b) in the case of—
(i) a customs officer; or
(ii) a specified police officer;
who is not in uniform, proof of his identity;
(c) in the case of a police officer authorized in writing by a magistrate or by a specified police
officer, to exercise those powers, his authority in writing;
shall not, save as is provided in subsection (4) of section seventeen, thereafter be entitled to exercise
those powers until he has produced that certificate, proof of identity or authority in writing, as the case
may be.
19 Offences and penalties
(1) Subject to this section, any person—
(a)
[repealed by Act 22 of 2001 with effect from 10 September, 2002]
(b) who acts in contravention of or fails to comply with the conditions of a licence issued or
authority granted under or in pursuance of this Act; or
(c) who for the purpose of obtaining, whether for himself or for any other person, the issue,
grant or renewal of any such licence or authority as aforesaid makes a declaration or
statement which is false in any particular, or knowingly utters, produces or makes use of any
such declaration or statement or a document containing the same; or
(d)
[repealed by Act 22 of 2001 with effect from 10 September, 2002]
shall be guilty of an offence and, subject to subsection (3), liable to a fine not exceeding level seven
or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
[amended by Act 22 of 2001 with effect from 10 September, 2002]
(2) (3)
[repealed by Act 23 of 2004 with effect from the 1st July, 2006.]]
(4)
[repealed by Act 22 of 2001 with effect from 10 September, 2002]]
(5) Any person who is convicted of any offence in terms of subsection (1) which involves a
contravention of any provision of this Act relating to the keeping of books or the issuing or dispensing
of prescriptions containing any drug to which this Act applies shall be liable to a fine not exceeding—
(a) for a first such offence, level four or 8imprisonment for a period not exceeding thee
months or to both such fine and such imprisonment.
(b) for a second and subsequent such offence, level six or imprisonment for a period not
exceeding twelve months or to both such fine and such imprisonment.
[amended by Act 22 of 2001 with effect from 10 September, 2002]
(6) Indian hemp or other article forfeited under this Act shall, unless the court otherwise directs, be
burned or otherwise destroyed in the presence of a specified police officer.
(7)
[repealed by Act 23 of 2004 with effect from the 1st July, 2006.]
19A Offences involving juveniles
Where an offence of which a person is convicted under this Act involves—
(a) unlawfully supplying a drug to or procuring a drug for a person under the age of 18 years,
or offering so to supply or procure a drug; or
(b) inciting or influencing a person under the age of 18 years unlawfully to smoke or use any
drug in contravention of Part III;
the court shall have regard to that fact as an aggravating feature when imposing sentence on the
convicted person.
[inserted by Act 22 of 2001 with effect from 10 September, 2002]
20 to 25
[repealed by Act 23 of 2004 with effect from the 1st July, 2006.]
26 Power of arrest
Any police officer may arrest without warrant a person who has committed, or attempted to commit, or
is reasonably suspected by the police officer of having committed or attempted to commit an offence
against this Act if he has reasonable grounds for believing that that person will abscond unless
arrested, or if the name and address of that person are unknown to, and cannot be ascertained by,
him.
27 Licences and authorities
(1) A licence or authority issued for the purposes of this Act by the Minister may be issued on such
terms and subject to such conditions, including, in the case of a licence, the payment of a fee, as the
Minister may fix.
(2) Whenever the Minister is empowered under any provision of this Act to issue any licence or
authority, he may delegate to the Secretary such power, subject to the right of any person to whom
the issue of such licence or authority has been refused to appeal in writing to the Minister against
such refusal.
SCHEDULE (Section 14)
SCHEDULED DRUGS
[Substituted by Act 23 of 2004 with effect from the 1st July, 2006]
PART I
DANGEROUS DRUGS SPECIFIED IN COMPLIANCE WITH
1961, 1971 AND 1988 CONVENTIONS
1. The following substances or plants, namely—
Acetorphine; Acetyldihydrocodeine; Acetylmethadol; Alfentanil; Allylprodine; Alphacetylmethadol;
Alphameprodine; Alphamethadol; Alphaprodine; Anileridine.
Benzethidine; Benzylmorphine; Betacetylmethadol; Betameprodine; Betamethadol; Betaprod;
Bezitramide.
Desomorphine; Dextromoramide; Dextropropoxyphene; Diampromide; Diethylthiambutene; Difenoxin
(or diphenoxylic acid), except mixtures containing, per dosage unit, not more than 0,5 milligrams of
difenoxin, calculated as the base, and a quantity of atropine sulphate equal to at 5,0 per cent of the
quantity of difenoxin, calculated as the base, which is present in the mixture; Dihydromorphine;
Dimenoxadol; Dimepheptanol; Dimethylthiambutene; Dioxaphetylbutyrate; Diphenoxylate, except
preparations containing not more than 2,5 milligrams of diphenoxylate, calculated as the base, and
not less than 25 micrograms of atropine sulphate per dosage unit; Dronabinol [(-) transdelta-9-
tetrahydrocannabinol]; Drotebanol.
Ecgonine and the esters and derivatives thereof which are convertible to ecgonine and cocaine;
Ethylmethylthiambutene; Ethylmorphine; Etonitazene; Etorphine; Etoxeridine.
Fentanyl; Furethidine.
Hydrocodone (dihydrocodeinone); Hydromorphinol (14- hydroxydihydromorphine); Hydromorphone
(dihydromorphinone); Hydroxypethidine.
Isomethadone.
Ketobemidone.
Levomoramide; Levophenacylmorphan; Levorphanol.
Mefenorex; Metazocine; Methadone; Methadone-intermediate; Methorphan, including
levomethorphan and racemethorphan, but excluding dextromethorphan; Methyldesorphine;
Methyldihydromorphine; Methylphenidate and the derivatives thereof; Metopon; Moramide-
intermediate; Morpheridine; Morphine, except preparations and mixtures of morphine containing not
more than 0,2 per cent of morphine, calculated as anhydrous morphine; Morphine methobromide and
other pentavalent nitrogen morphine derivatives; Morphine-N-oxide and the derivatives thereof.;
Myrophine (myristylbenzylmorphine).
Nicocodine; Nicodicodine; Nicomorphine; Noracymethadol; Norcodeine, except preparations and
mixtures containing not more than 20 milligrams norcodeine per recommended or prescribed dose;
Norlevorphanol; Normethadone; Normorphine (demethylmorphine or N-demethylated morphine);
Norpipanone.
Opium and opiates and any salt, compound, derivative or preparation of opium or opiates, whether
obtained directly or indirectly by extraction from material or substances obtained from plants, or
obtained independently by chemical synthesis, or by a combination of extraction and chemical
synthesis, except mixture containing not more than 0,2 per cent or morphine, calculated as anhydrous
morphine; Opium-poppy and poppy straw, whether obtained directly or indirectly by extraction from
material or substances obtained from plants, or whether obtained independently by chemical
synthesis, or by a combination of extraction and chemical synthesis; Oxycodone (14-
hydroxydihydrocodeinone or dihydrohydroxycodeinone); Oxymorphone (14-
hydroxydihydromorphinone or dihydrohydroxymorphinone).
Pethidine, pethidine-intermediate A, pethidine-intermediate B and pethidine-intermediate C;
Phenadoxone; Phenampromide; Phenazocine; Phenomorphan; Phenoperidine; Piminodine;
Piritramide; Proheptazine; Properidine; Propiram.
Racemoramide; Racemorphan.
Sufentanil.
Thebacon; Thebaine; Tilidine; Trimeperidine.
2. Unless expressly excluded, all substances included in this Part include the following:
(a) the isomers of the specified substances, where the existence of such isomers is possible;
(b) the esters and ethers of the specified substances and of the isomers referred to in
subparagraph (a), as well as the isomers of such esters and ethers, where the existence of
such esters, ethers and isomers is possible;
(c) the salts of the specified substances, of the isomers referred to in subparagraph (a) and
of the esters, ethers and isomers referred to in subparagraph (b), as well as the isomers of
such salts, where the existence of such salts and isomers is possible; and
(d) all preparations and mixtures of the specified substances and of the isomers, esters,
ethers and salts referred to in this paragraph.
PART II
[Substituted by SI 93/2010 Amendment Regulations (No.8) notified in terms of Section 14(5) above with effect
from the 14th May, 2010.]
PROHIBITED DRUGS
Bufotenine;
Brolamfetamine (DOB);
Catha, also known as Abyssinian. African. or Arabian Tea. Kat. Kath. Khat. or Miraa;
Cathine. all isomers and their stereochemical variants:
Cathinone, all isomers and their stereochemical variants:
Cocaine, also known as Basuco. Bazooka. Bernice. Blow. C. Charlie. Coke. Crack. Flake, Girl. Gold
dust. Her, Lady, Leal. Nose candy. Pasta. Rock. She. Snow, Space dust, Toot. White girl. White Lady:
DET;
DMA;
DMHP;
DMT;
DOET;
Eticyclidine (PCE);
Etryptamine;
Glutethimide;
Lysergamide;
Lysergide and other N-alkyle derivatives of lasergamide. including the drug commonly known as LSD.
but not including methysergide malcate:
Mescaline;
Methcathinone;
4-methylaminorex;
MMDA;
4-MTA;
Methaqualone. also known as Mandrax:
Methylenedioxymethamphetamine, also known as Adam, E Ecstasy, M&M. MDM. MDMA and XTC:
Methyprylon;
N.N-Diethyltryptamine;
Parahexyl;
PMA;
Psilocine, psilotsin;
Psilocybine;
Rolicyclidine (PHP, PCPY);
STP, DOM;
Tenamfetamine (MDA);
Tenocyclidine (TCP);
Tetrahydrocannabinols, all isomers and tier stereochemical variants;
TMA; and
Any stereoisomeric form, ester, ether or salt of a substance prohibited under this Act and any
preparation containing any proportion of the above-mentioned drugs.
1 Short title
This Act may be cited as the Dangerous Drugs Act [Chapter 15:02].
2 Interpretation
(1) In this Act—
“corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of
the government of a country outside Zimbabwe to be a law providing for the control and regulation in
that country of the manufacture, sale, use, export and import of drugs in accordance with the Hague
Convention, the Geneva Convention (No. 1) and the Geneva Convention (No. 2);
“ Director-General ” means the Director-General of the Medicines Control Authority of Zimbabwe
appointed in terms of section 26 of the Medicines and Allied Substances Control Act [Chapter 15:03];
“Geneva Convention (No.1)” means the International Opium Convention signed at Geneva on the
19th February, 1925;
“Geneva Convention (No.2)” means the International Convention for limiting the manufacture,
regulation and distribution of narcotic drugs signed at Geneva on the 13th July, 1931;
“Hague Convention” means the International Opium Convention signed at the Hague on the 3rd
January, 1912;
“inspector” means an inspector appointed in terms of section fifteen;
“Minister” means the Minister of Health and Child Welfare or any other Minister to whom the
President may, from time to time, assign the administration of this Act;
[By S.I. 161 of 2012 the Minister of Health and Child Welfare was re-assigned]
“Registrar”
[Repealed by Act 1 of 1996 with effect from the 1st August, 1997.]
“Secretary” means the Secretary of the Ministry for which the Minister is responsible;
“specified police officer” means any member of the Police Force of or above the rank of sergeant.
(2) In any certificate such as is referred to in the definition of “corresponding law” in subsection (1),
a statement as to the effect of the law mentioned in such certificate or a statement in any such
certificate that any facts constitute an offence against that law shall be conclusive.
(3) Any word or expression to which a meaning has been assigned in Chapter VII (“Crimes Involving
Dangerous Drugs”) of the Criminal Law Code shall have the same meaning when used in this Act.
[inserted by Act 23 of 2004 with effect from the 1st July, 2006]
3 Application of Part II
This Part applies to any dangerous drug referred to in paragraph (a) of the definition of “ dangerous
drug ” in section 155 of the Criminal Law Code [Chapter 9:23] (that is, any coca bush, coca leaf, raw
opium or cannabis plant).
[substituted by Act 23 of 2004 with effect from the 1st July, 2006]
4 . . . . .
5 . . . . .
[repealed by Act 23 of 2004 with effect from the 1st July, 2006]
6 Regulations
(1) The Minister may by regulation—
(a) prohibit, control or restrict the production, possession, sale, use or distribution of drugs to
which this Part applies, and the cultivation of plants from which such drugs are derived;
(b) prescribe measures to be taken for the eradication of plants, to which regulations made
under paragraph (a) apply, found to be growing wild.
(2) Any person who contravenes any provision of regulations made in terms of subsection (1) shall be
guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not
exceeding ten years or to both such fine and such imprisonment.
[inserted by Act 22 of 2001 with effect from 10 September, 2002]
PART III
PREPARED OPIUM AND PREPARED INDIAN HEMP
[repealed by Act 23 of 2004 with effect from the 1st July, 2006]
10 Application of this Part
(1) Save as is provided in Part V, the drugs to which this Part applies are the drugs specified in the
Schedule.
(2)
[repealed by Act 23 of 2004 with effect from the 1st July, 2006]
(3) The Minister may, by statutory instrument, apply this Part, with such modifications as may be
specified, to any of the following drugs—
(a) methylmorphine (commonly known as codeine); and
(b) ethylmorphine;
and their respective salts.
(4) If it is made to appear to the Minister that a finding with respect to a preparation containing any of
the drugs to which this Part applies has, in pursuance of article 8 of the Geneva Convention (No.1),
been communicated by the Economic and Social Council of the United Nations to the parties to the
said Convention, the Minister may, by statutory instrument, declare that this Part shall, as from such
date as may be specified in the notice, cease to apply to the preparation specified therein.
11 Restriction on import and export of drugs to which this Part applies
(1) No person shall import into or export from Zimbabwe any drugs to which this Part applies, except
under and in accordance with the terms of a licence issued by the Minister.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not
exceeding level twelve or to imprisonment for a period not exceeding ten years or to both such fine
and such imprisonment.
[inserted by Act 22 of 2001 with effect from 10 September, 2002]
12 Power to control manufacture, sale, etc., of drugs to which this Part applies
(1) For the purpose of preventing the improper use of the drugs to which this Part applies, the Minister
may by regulation prohibit, control or restrict the manufacture, sale, possession or distribution of those
drugs and in particular, but without prejudice to the generality of the foregoing—
(a) prohibit the manufacture of any such drug except on premises licensed for the purpose by
the Minister and subject to any conditions specified in the licence;
(b) prohibit the manufacture, sale or distribution of any such drug except by persons licensed
or otherwise authorized under the regulations by the Minister and subject to any conditions
specified in the licence or authority;
(c) regulate the issue of prescriptions containing any such drug and the dispensing of any
such prescriptions;
(d) require persons engaged in the manufacture, sale or distribution of any such drug to keep
such books and furnish such information either in writing or otherwise as may be prescribed
by the regulations.
(2) Regulations made under this section shall provide for authorizing a person lawfully carrying on
business in accordance with any law relating to pharmacy and poisons as an authorized seller of
poisons—
(a) in the ordinary course of his retail business to manufacture, at any premises duly
registered under any such law, any preparation, admixture or extract of a drug to which this
Part applies; or
(b) to carry on at any such premises as aforesaid the business of retailing, dispensing or
compounding any such drug;
subject to the power of the Minister to withdraw the authorization in the case of a person who has
been convicted of an offence against this Act and who cannot, in the opinion of the Minister, properly
be allowed to carry on the business of manufacturing or selling or distributing, as the case may be,
any such drug.
(3) Nothing in any regulations made under this section shall be deemed to authorize the sale by retail
of poisons by a person who is not qualified in that behalf under or otherwise than in accordance with
any law relating to pharmacy and poisons or to be in derogation of practitioner any such law
prohibiting, restricting or regulating the sale of poisons.
(4) Any person who contravenes any provision of regulations made in terms of this section shall be
guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not
exceeding ten years or to both such fine and such imprisonment.
[inserted by Act 22 of 2001 with effect from 10 September, 2002]
PART V
CONTROL OF DANGEROUS DRUGS
[substituted by Act 23 of 2004 with effect from the 1st July, 2006]
13 Interpretation in Part V
In this Part—
“the 1961 Convention” means the single Convention on Narcotic Drugs, 1961, as amended by the
1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961;
“the 1971 Convention” means the Convention on Psychotropic Substances, 1971;
“the 1988 Convention” means the United Nations Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances, 1988;
“dangerous drug” has the meaning given to that term in section 155 of the Criminal Law
Code[Chapter 9:23];
“dangerous drugs crime” means a crime specified in Chapter VII (“Crimes Involving Dangerous
Drugs”) of the Criminal Law Code[Chapter 9:23];
“deal in”, in relation to a dangerous drug, includes to sell or to perform any act, whether as a
principal, agent, carrier, messenger or otherwise, in connection with the delivery, collection,
importation, exportation, trans-shipment, supply, administration, manufacture, cultivation,
procurement or transmission of such drug;
“police district” means an area designated by the Commissioner of Police as a police district for the
purposes of the administration of the Police Force;
“scheduled drug” means a drug specified in Part I or Part II of the Schedule and the term “ Part I
scheduled drug ” shall be construed accordingly.
14 Specification of dangerous drugs
(1) Part I of the Schedule specifies dangerous drugs in compliance with the 1961, 1971 and 1988
Conventions
(2) Part II of the Schedule specifies other dangerous drugs.
(3) If it appears to the Minister that any derivative of morphine or cocaine or of any salts of morphine
or cocaine or any alkaloid of opium or any other drug of whatever kind not specified in Part I of the
Schedule—
(a) is or is likely to be productive, if improperly used, of ill effects substantially of the same
character or nature as or analogous to those produced by morphine or cocaine; or
(b) is capable of being converted into a substance which is likely to be productive, if
improperly used, of such effects;
he may, by notice in a statutory instrument, after consultation with the Authority, amend Part I of the
Schedule by specifying such derivative or alkaloid or drug.
(4) If it is made to appear to the Minister that, in pursuance of article 12 of the 1988 Convention, a
decision by the Commission on Narcotic Drugs of the Economic and Social Council of the United
Nations to include or delete from the annex to that Convention any substance has been
communicated by the Secretary-General of the United Nations to the parties to that Convention, the
Minister may, by notice in a statutory instrument, amend Part I of the Schedule by specifying or
deleting such substance as a dangerous drug, as the case may be.
(5) Whenever the Authority considers it necessary or desirable in the public interest that any drug,
other than one specified in accordance with the 1988 Convention, should be prohibited absolutely, it
may, by notice in a statutory instrument, after consultation with the Minister, amend *Part II of the
Schedule by specifying such drug, and may in like manner amend or revoke such specification.
[See this *Part below repealed and substituted by SI 93/2010 Amendment Regulations (No.8) notified in terms of
the above subsection (5) with effect from the 14th May, 2010.]
14A Restriction on import and export of dangerous drugs
(1) No person shall import into or export from Zimbabwe—
(a) coca leaves, cannabis plant, raw opium or any drug specified in Part I of the Schedule
except under and in accordance with the terms of a licence issued by the Authority;
(b) prepared opium, prepared cannabis, cannabis resin or any drug specified in Part II of the
Schedule.
(2) Any person who contravenes subsection (1) shall be guilty of unlawful dealing in a dangerous
drug as provided in section 156 of the Criminal Law Code[Chapter 9:23].
(3) If at any time the importation into a foreign country of a dangerous drug referred to in paragraph
(a) of subsection (1) is prohibited or restricted by the laws of that country, there shall, while that
prohibition or restriction is in force, be attached to every licence which is issued under this Act
authorising the export of that drug from Zimbabwe, such conditions as appear necessary for
preventing or restricting, as the case may be, the exportation of that drug from Zimbabwe to that
country during such time as the importation of that drug into that country is so prohibited or restricted,
and any such licences issued before the prohibition or restriction came into force shall, if the Minister
by order so directs, be deemed to be subject to the like conditions.
14B Authority may restrict lawful possession, etc., of dangerous drugs in
certain cases
(1) If any person who is a medical, dental or veterinary practitioner or pharmaceutical chemist or
other person who is authorised in terms of section 161 (“Persons who may lawfully possess, deal in or
use dangerous drugs”) of the Criminal Law Code [Chapter 9:23] to lawfully possess, deal in or use a
dangerous drug—
(a) is convicted of a dangerous drugs crime or an offence under the repealed Act or this Part;
or
(b) is considered by the Authority to be prescribing, administering or supplying any Part I
scheduled drug in an irresponsible manner;
the Authority may, subject to this section, issue a direction to that person prohibiting him from
acquiring, possessing, prescribing, administering, manufacturing, compounding or supplying, as may
be appropriate, such Part I scheduled drug for such period of time as the Authority shall specify in the
direction.
(2) Before issuing any direction under subsection (1) the Authority shall direct the Director-General to
give written notice to the person concerned of its intention to issue the direction.
(3) A notice given under subsection (2) shall—
(a) specify the terms of the proposed direction and the grounds on which the Authority proposes to
issue it;
(b) indicate that the person to whom it is directed may within a calendar month of the receipt of the
notice submit to the Director-General any comments he may wish to put forward in connection with
the matter.
(4) If—
(a) no comments are submitted under paragraph (b) of subsection (3); or
(b) after consideration of any comments submitted under paragraph (b) of subsection (3) the
Authority decides to issue the direction;
the Authority may direct the Director-General to issue the direction.
(5) any person aggrieved by a decision of the Authority to issue a direction under subsection (1) may,
within 30 days after the date of that decision, appeal to the Administrative Court, but in such case the
direction shall continue to have effect until the appeal is determined.
(6) Any person subject to a direction issued under subsection (1) who contravenes the terms of the
direction shall be guilty of contravening section 156 (“Unlawful dealing in dangerous drugs”) or 157
(“Unlawful possession or use of dangerous drugs”) of the Criminal Law Code [Chapter 9:23] with
respect to the acquisition, possession, prescription, administration, manufacture, compounding or
supply of the Part I scheduled drug specified in the direction.
14C Regulations under Part V
(1) For the purpose of preventing the improper use of dangerous drugs, the Minister may by
regulation prohibit, control or restrict the cultivation, manufacture, sale, possession or distribution of
those drugs and, in particular, but without prejudice to the generality of the foregoing—
(a) prohibit, control or restrict the cultivation, production, possession, sale, use or distribution
of coca bushes, cannabis plants and raw opium;
(b) prescribe measures to be taken for the eradication of plants, to which regulations made
under paragraph (a) apply, found to be growing wild;
(c) prohibit the manufacture of a Part I scheduled drug except on premises licensed for the
purpose by the Authority and subject to any terms and conditions specified in the licence;
(d) prohibit the manufacture, sale or distribution of a Part I scheduled drug except by persons
licensed or otherwise authorized under the regulations;
(e) require precautions for the safe custody of Part I scheduled drugs;
(f) require the packaging and labelling of Part I scheduled drugs and specify the manner of
such packaging and labelling;
(g) regulate the transport of Part I scheduled drugs and the methods used for destroying or
otherwise disposing of such drugs when no longer required;
(h) regulate the issuing of prescriptions containing any Part I scheduled drug and the supply
of such drugs on prescription and the dispensing of any such prescriptions;
(i) require persons issuing or dispensing prescriptions containing Part I scheduled drugs to
furnish to the Authority such information relating to those prescriptions as may be prescribed;
(j) require persons engaged in the manufacture, sale and distribution of any Part I scheduled
drug to keep such books and furnish such information, either in writing or otherwise, as may
be prescribed;
(k) require any medical practitioner treating a person whom he considers, or has reasonable
grounds to suspect, is addicted to any dangerous drug, to furnish such particulars concerning
that person to the Permanent Secretary responsible for health as may be prescribed;
(l) prohibit any medical practitioner from administering, supplying or authorising the
administration and supply to persons addicted to any dangerous drug such drug, and from
prescribing for such persons such drug, except under and in accordance with the terms of a
permit issued by the Permanent Secretary responsible for health.
(m) regulate the fees payable for the issue or renewal or any licence, application or thing
done in terms of this Part;
(n) make any contravention of the regulations an offence and impose a fine not exceeding
level six for any such contravention.
(2) Regulations made under this section shall provide for authorising a person lawfully carrying on
business as a pharmaceutical chemist—
(a) in the ordinary course of his retail business to manufacture, at any premises registered under
Part VI, any preparation, admixture or extract of a Part I scheduled drug;
(b) to carry on at any such premises the business of retailing, dispensing or compounding any such
drug;
subject to the power of the Authority to withdraw the authorisation in the case of a person who has
been convicted of a dangerous drugs crime, and who cannot, in the opinion of the Authority, properly
be allowed to carry on the business of a manufacturing or selling or distributing, as the case may be,
such a drug.
14D Powers of search, seizure and forfeiture
(1) Notwithstanding anything to the contrary contained in any other enactment, and without
derogation from section sixteen, if any inspector, customs officer, or police officer above the rank of
sergeant (or below the rank of sergeant with the written authorisation of a police officer above the
rank of sergeant) has reasonable grounds for believing that any person is in unlawful possession of
any dangerous drug, he may, without a search warrant—
(a) enter upon any land where such person is believed to be, and there require him to produce for
his inspection such dangerous drug; or
(b) search such person or any animal in his possession, and enter and search any land, building,
vehicle, aircraft, train, vessel, or boat in the possession or use of such person:
Provided that—
(i) a person shall be searched only by a person of like sex; and
(ii) such search shall be done with the strictest regard to decency and decorum;
and seize any dangerous drug in the possession of such person and, unless he is satisfied that such
person will appear and answer any charge which may be preferred against him, arrest and detain
him.
(2) Any inspector, customs officer or police officer above the rank of sergeant (or below the rank of
sergeant with the written authorisation of a police officer above the rank of sergeant) may at any time
enter upon and inspect any land, building or other structure on or in which plants, from which
dangerous drugs are derived, may be found, for the purpose of ascertaining if any such plants are
being cultivated in contravention of this Part or Chapter VII (“Crimes involving dangerous drugs”) of
the Criminal Law Code [Chapter 9:23].
(3) If on any search or inspection made in terms of this section any dangerous drug, pipe, receptacle
or appliance for smoking or using the same or any plant which it is suspected upon reasonable
grounds is being cultivated in contravention of this Part or Chapter VII (“Crimes involving dangerous
drugs”) of the Criminal Law Code [Chapter 9:23]is found, it may be seized and removed, together with
any books, accounts or documents relating thereto.
(4) Any person who is arrested and detained and any dangerous drug or article which is seized in
terms of subsection (1) or (3) shall be taken as soon as practicable before a court of competent
jurisdiction to be dealt with according to law.
(5) Any person who resists, hinders or obstructs an inspector or other person in the lawful exercise of
his powers under this section shall be guilty of an offence and liable to a fine not exceeding level five
or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
(6) If on the trial of any person for contravening or failing to comply with any provision of this Act or
any condition of any authority or licence issued thereunder it is proved that any drug, pipe, receptacle,
appliance or plant seized under this section was produced, kept, used, sold, distributed or cultivated
in contravention of this Act, it shall be forfeited to the State.
14E Forfeiture on conviction, and prohibition from driving and flying
(1) Where any person is convicted of any dangerous drugs crime the court—
(a) shall order that any drug to which the conviction relates be forfeited to the State, unless
the drug is further required as an exhibit at a trial; and
(b) may order that any vehicle, aircraft, vessel, boat, animal, receptacle or thing in or upon
which such drug was found or was used for the purpose of or in connection with such drug,
be forfeited to the State, and section 62 of the Criminal Procedure and Evidence Act [Chapter
9:07] shall thereupon apply, mutatis mutandis, in respect of the vehicle, aircraft, vessel, boat,
animal, receptacle, container or thing.
(2) If it is established to the satisfaction of the court convicting a person of a dangerous drugs crime
that the convicted person used any motor vehicle or aircraft to convey the drug to which the conviction
relates, the court may order that the convicted person or, where the motor vehicle was driven or
aircraft was flown by another person who was a participant or accomplice in or accessory to the
crime, such other person, be prohibited from driving all classes of motor vehicles or flying all types of
aircraft for a period not exceeding 15 years, as the case may be, and the appropriate provisions of
the Road Traffic Act [Chapter 13:11] or the Civil Aviation Act [Chapter 13:16] shall apply, mutatis
mutandis, in respect of any such prohibition.
14F Safe custody of forfeited dangerous drugs
(1) Upon the conclusion of criminal proceedings resulting in the conviction of a person of a
dangerous drugs crime, the court shall order that any dangerous drugs forfeited to the State, other
than cannabis, be delivered forthwith to the police officer in command of the police district where the
drugs were seized for safe custody, and shall ensure that such police officer and the Director-General
are given full particulars of such drugs, including their quantity and any other relevant information.
(2) Pending their destruction in terms of section fourteen G, the Director-General shall store any
drugs delivered to him under subsection (1) in a place of maximum security under his personal
control, free from contamination by moisture or dust, and shall protect them from access by any other
person, and keep and maintain them in such a safe manner as to avoid and prevent any deterioration
whatsoever.
14G Destruction of forfeited dangerous drugs and articles
(1) Within 7 days of the receipt from the court of any consignment of forfeited dangerous drugs the
police officer in command of the police district to whom any dangerous drugs are delivered in terms of
section fourteen F (hereafter in this section called “ the custodian police officer ”) shall
communicate in writing to the Commissioner General of Police, the Director-General, the
Commissioner-General of the Zimbabwe Revenue Authority and the Attorney-General, the full
particulars of such drugs, including their quantity and all other relevant information, which shall, in
every material respect, correspond strictly with the particulars furnished to the custodian police officer
and the Director-General by the court at the time of delivery to him of the forfeited dangerous drugs.
(2) Within 14 days of the written communication referred to in subsection (1), the custodian police
officer shall appoint a date and time, which shall not be before the expiry of the period within which an
appeal against the conviction concerned may be noted, for the total destruction by incineration of
such drugs:
Provided that, where an appeal has been noted, the drugs shall not be destroyed until such time as
the appeal has been abandoned or determined, whereupon this subsection shall apply.
(3) For the purposes of subsection (2) there is hereby constituted a panel comprising a police officer
of or above the rank of superintendent designated by the Commissioner of Police, a senior customs
officer designated by the Commissioner-General of the Zimbabwe Revenue Authority, the Director-
General or an inspector designated by him and a senior official of the Ministry responsible for justice
designated by the Attorney-General, who shall, if they so decide whether on their own initiative or at
the request of the custodian police officer concerned, assist the custodian police officer in the
destruction of all dangerous drugs, other than cannabis plants, forfeited to the State.
(4) On the date and time appointed by the custodian police officer under subsection (2), the panel
referred to in subsection (3) may attend to the destruction by incineration of the drugs concerned in
the full view and presence of each other and, immediately thereafter, shall sign a joint declaration in
the prescribed form, attesting to the total destruction of the drugs.
(5) Within 14 days of the destruction of any dangerous drugs forfeited to the State, the Director-
General shall cause to be published in the Gazette for public information the joint declaration referred
to in subsection (4).
(6) Whenever the custodian police officer is prevented by illness or other reasonable cause from
discharging his functions under this section, such functions shall be discharged by any police officer
of or above the rank of sergeant designated by the custodian police officer for that purpose.
(7) Cannabis or other article forfeited under this Part shall, unless the court otherwise directs, be
burned or otherwise destroyed in the presence of a specified police officer.
14H Forfeiture on acquittal or withdrawal of charge
At the conclusion of any proceedings in connection with a dangerous drugs crime, resulting in the
accused being acquitted or the charge against him being withdrawn or otherwise dismissed, the court
shall order that any drug, other than cannabis, which was seized in connection with the proceedings,
shall be forfeited to the State, and sections fourteenF and fourteenG shall apply, mutatis mutandis, in
relation to the drug:
Provided that, if the drug is further required as an exhibit at a trial, this section shall not apply in
relation to the drug.
14J Forfeiture where no criminal proceedings are instituted
If any dangerous drug, other than cannabis, has been seized by a police officer or any other public
officer and no criminal proceedings are instituted in connection therewith and the drug is not further
required as an exhibit at a trial, the drug shall be forfeited to the State and the police officer or other
public officer concerned shall deliver the drug to the Director-General as though the court had made
an order in respect of that drug under section fourteenG, and thereafter section fourteenH and shall
apply, mutatis mutandis, in relation to the drug.
15 Appointment of inspectors
(1) Subject to subsection (2), the Minister shall appoint 1 or more inspectors for the purpose of
enforcing this Act.
[ See Appointments gazetted on the 24th June, 2011 by GN 252/11]
(2) No person shall be qualified for appointment as an inspector unless he is a person duly authorized
to act as a compounder or dispenser of poisons or drugs in terms of any law relating to pharmacy and
poisons.
16 Powers of inspection
(1) Any inspector shall, for enforcing this Act, have power at all reasonable times to enter the
premises on which any pharmaceutical chemist, general dealer or licensed manufacturer of any drug
to which this Act applies carries on business, and any premises owned or occupied by any person
authorized to be in possession of any such drug, and to enter any other premises in which he has
reasonable cause to suspect that an offence against this Act has been committed, and in either case
shall have power to make such examination and inquiry and do such other things, including the
checking of stocks and the taking, on payment therefor, of samples as may be necessary for
ascertaining whether this Act is being complied with.
(2) All books, records and documents required to be kept by any person under this Act shall be open
to inspection by any police officer or by any other member of a police force authorized in writing by a
magistrate or by a police officer.
(3) If any person wilfully delays or obstructs an inspector or a member of a police force in the exercise
of his powers under this section, or refuses to allow any sample to be taken in accordance with this
section, or fails without reasonable excuse to give any information which he is duly required under this
section to give, he shall be guilty of an offence and liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[amended by Act 22 of 2001 with effect from 10 September, 2002]
17 [ repealed by Act 23 of 2004 with effect from the 1st July, 2006.]
18 Persons upon whom powers of inspection, etc., are conferred to produce
proof of identity
Any person upon whom powers of inspection, search, seizure or forfeiture are conferred under this
Act who fails on demand to produce—
(a) in the case of an inspector, a certificate under the hand of the Secretary of his
appointment as an inspector;
(b) in the case of—
(i) a customs officer; or
(ii) a specified police officer;
who is not in uniform, proof of his identity;
(c) in the case of a police officer authorized in writing by a magistrate or by a specified police
officer, to exercise those powers, his authority in writing;
shall not, save as is provided in subsection (4) of section seventeen, thereafter be entitled to exercise
those powers until he has produced that certificate, proof of identity or authority in writing, as the case
may be.
19 Offences and penalties
(1) Subject to this section, any person—
(a)
[repealed by Act 22 of 2001 with effect from 10 September, 2002]
(b) who acts in contravention of or fails to comply with the conditions of a licence issued or
authority granted under or in pursuance of this Act; or
(c) who for the purpose of obtaining, whether for himself or for any other person, the issue,
grant or renewal of any such licence or authority as aforesaid makes a declaration or
statement which is false in any particular, or knowingly utters, produces or makes use of any
such declaration or statement or a document containing the same; or
(d)
[repealed by Act 22 of 2001 with effect from 10 September, 2002]
shall be guilty of an offence and, subject to subsection (3), liable to a fine not exceeding level seven
or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
[amended by Act 22 of 2001 with effect from 10 September, 2002]
(2) (3)
[repealed by Act 23 of 2004 with effect from the 1st July, 2006.]]
(4)
[repealed by Act 22 of 2001 with effect from 10 September, 2002]]
(5) Any person who is convicted of any offence in terms of subsection (1) which involves a
contravention of any provision of this Act relating to the keeping of books or the issuing or dispensing
of prescriptions containing any drug to which this Act applies shall be liable to a fine not exceeding—
(a) for a first such offence, level four or 8imprisonment for a period not exceeding thee
months or to both such fine and such imprisonment.
(b) for a second and subsequent such offence, level six or imprisonment for a period not
exceeding twelve months or to both such fine and such imprisonment.
[amended by Act 22 of 2001 with effect from 10 September, 2002]
(6) Indian hemp or other article forfeited under this Act shall, unless the court otherwise directs, be
burned or otherwise destroyed in the presence of a specified police officer.
(7)
[repealed by Act 23 of 2004 with effect from the 1st July, 2006.]
19A Offences involving juveniles
Where an offence of which a person is convicted under this Act involves—
(a) unlawfully supplying a drug to or procuring a drug for a person under the age of 18 years,
or offering so to supply or procure a drug; or
(b) inciting or influencing a person under the age of 18 years unlawfully to smoke or use any
drug in contravention of Part III;
the court shall have regard to that fact as an aggravating feature when imposing sentence on the
convicted person.
[inserted by Act 22 of 2001 with effect from 10 September, 2002]
26 Power of arrest
Any police officer may arrest without warrant a person who has committed, or attempted to commit, or
is reasonably suspected by the police officer of having committed or attempted to commit an offence
against this Act if he has reasonable grounds for believing that that person will abscond unless
arrested, or if the name and address of that person are unknown to, and cannot be ascertained by,
him.
27 Licences and authorities
(1) A licence or authority issued for the purposes of this Act by the Minister may be issued on such
terms and subject to such conditions, including, in the case of a licence, the payment of a fee, as the
Minister may fix.
(2) Whenever the Minister is empowered under any provision of this Act to issue any licence or
authority, he may delegate to the Secretary such power, subject to the right of any person to whom
the issue of such licence or authority has been refused to appeal in writing to the Minister against
such refusal.