Dangerous Drugs Act 1965
| Jurisdiction | UK Non-devolved |
Dangerous Drugs Act 1965
1965 CHAPTER 15
An Act to consolidate the Dangerous Drugs Acts 1951 and 1964.
[2nd June 1965]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Raw Opium, Coca Leaves, Poppy-straw, Cannabis, &c.
1 Drugs to which Part I applies.
1. The drugs to which this Part of this Act applies are raw opium, coca leaves, poppy-straw, cannabis, cannabis resin and all preparations of which cannabis resin forms the base.
2 Restriction of importation of drugsto which Part I applies.
2. It shall not be lawful for a person to import into the United Kingdom a drug to which this Part of this Act applies except under a licence granted by a Secretary of State.
3 Restriction of exportation of drugsto which Part I applies.
(1) It shall not be lawful for a person to export from the United Kingdom a drug to which this Part of this Act applies except under a licence granted by a Secretary of State.
(2) If at any time the importation into a foreign country of a drug to which this Part of this Act applies 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 by a Secretary of State under this Act authorising the export of that drug from the United Kingdom such conditions as appear to him necessary for preventing or restricting, as the case may be, the exportation of that drug from the United Kingdom to that country during such time as the importation of that drug into that country is so prohibited or restricted, and any such licence issued before the prohibition or restriction came into force shall, if a Secretary of State by order so directs, be deemed to be subject to the like conditions.
4 Power to control production, sale,&c., of drugs to which Part I applies.
(1) A Secretary of State may by regulations provide for controlling or restricting the production, possession, sale and distribution of drugs to which this Part of this Act applies, and in particular, but without prejudice to the generality of the foregoing power, for prohibiting the production, possession, sale or distribution of any such drug except by persons licensed or otherwise authorised in that behalf by a Secretary of State.
(2) This section shall, in its application to Northern Ireland, have effect with the substitution, for references to a Secretary of State, of references to the Ministry of Home Affairs for Northern Ireland.
5 Penalization of permitting premises to be used forsmoking cannabis, &c.
5. If a person—
he shall be guilty of an offence against this Act.
6 Penalization of intentional cultivation ofcannabis plant.
(1) A person who, except under a licence granted by a Secretary of State, knowingly cultivates any plant of the genus cannabis shall be guilty of an offence against this Act.
(2) This section shall, in its application to Northern Ireland, have effect with the substitution, for the reference to a Secretary of State, of a reference to the Ministry of Home Affairs for Northern Ireland.
Part II
Prepared Opium
7 Prohibition of importation and exportation ofprepared opium.
7. It shall not be lawful for a person to import into, or to export from, the United Kingdom, any prepared opium.
8 Penalization of manufacture, sale, use, &c.,of prepared opium.
8. a person—
he shall be guilty of an offence against this Act.
9 Meaning of ‘prepared opium’.
9. In this Part of this Act the expression ‘prepared opium’ means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked.
Part III
Other Drugs, and intermediate Products of Synthesis thereof
10 Restriction of importation and exportation ofsubstances specified in Part I, but not falling within Part II, of Schedule.
1O. It shall not, except under a licence granted by a Secretary of State, be lawful for a person to import into, or to export from, the United Kingdom a substance for the time being specified in Part I of the Schedule to this Act, other than a preparation or other substance for the time being falling within Part II of that Schedule.
11 Power to control manufacture, sale, &c., ofsubstances specified in Part I of Schedule.
(1) For the purpose of preventing the improper use of the substances for the time being specified in Part I of the Schedule to this Act, a Secretary of State may by regulations provide for controlling the manufacture, sale, possession and distribution of those substances, and in particular, but without prejudice to the generality of the foregoing power, for—
(a ) prohibiting the manufacture of a substance for the time being so specified except on premises licensed for the purpose by a Secretary of State and subject to any conditions specified in the licence;
(b ) prohibiting the manufacture, sale or distribution of a substance for the time being so specified except by persons licensed or otherwise authorised under the regulations by a Secretary of State and subject to any conditions specified in the licence or authority;
(c ) regulating the issue by medical practitioners of prescriptions containing a substance for the time being so specified and the dispensing of any such prescriptions; and
(d ) requiring persons engaged in the manufacture, sale or distribution of a substance for the time being so specified to keep such books and furnish such information either in writing or otherwise as may be prescribed by the regulations.
(2) The regulations under this section shall provide for authorising a person lawfully carrying on business in accordance with the provisions of the Pharmacy and Poisons Act 1933 as an authorised seller of poisons—
(a ) in the ordinary course of his retail business to manufacture, at any premises duly registered under Part I of that Act, any preparation, admixture or extract of a substance for the time being specified in Part I of the Schedule to this Act; or
(b ) to carry on at any such premises as aforesaid the business of retailing, dispensing or compounding any such substance;
subject to the power of the Secretary of State to withdraw the authorisation in the case of a person who has been convicted of an offence against this Act or either of the former Acts relating to dangerous drugs or of an offence under the Customs and Excise Act 1952 or the enactments repealed thereby, being an offence in relation to a drug or other substance whose importation or exportation was prohibited or restricted by this Act or either of the said former Acts, and who cannot, in the opinion of the Secretary of State, properly be allowed to carry on the business of manufacturing or selling or distributing, as the case may be, any such substance as aforesaid; but the Secretary of State shall, before withdrawing the authorisation in the case of any such person, consult the Council of the Pharmaceutical Society of Great Britain.
(3) Nothing in any regulations made under this section shall be taken to authorise the sale by retail of poisons by a person who is not qualified in that behalf under, or otherwise than in accordance with, the provisions of the Pharmacy and Poisons Act 1933 and the Pharmacy and Medicines Act 1941 or to be in derogation of the provisions of those Acts for prohibiting, restricting or regulating the sale of poisons.
(4) This section shall, in its application to Northern Ireland, have effect with the substitution, in subsection (1) thereof, for references to a Secretary of State, of references to the Ministry of Home Affairs for Northern Ireland and with the substitution for subsections (2) and (3) thereof, of the following subsections:—
(2) The regulations under this section shall provide for authorising a person who lawfully keeps open shop...
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