eSwatini
Opium and Habit-forming Drugs Act, 1922
Act 37 of 1922
- Commenced on 23 June 1922
- [This is the version of this document at 1 December 1998.]
1. Short title
This Act may be cited as the Opium and Habit-forming Drugs Act, 1922.2. Prohibition of dealing in drugs
3. Permits
4. Licences
5. Use for medicinal purposes
6. Misuse by practitioners
7. Taking of drugs
No person shall use any pipe, receptacle, or material for smoking opium, Indian hemp or dagga, or, save and except in the circumstances contemplated in sections 4 and 5, consume, be in possession of, or use any habit-forming drug or plant from which such drug can be derived, extracted, produced or manufactured and no person shall keep or assist in the keeping of or frequent any premises or place for the smoking of opium, Indian hemp or dagga, or for the surreptitious consumption, injection or administration in any manner whatsoever of any habit-forming drug.8. Penalties
9. Right of entry and search
Any member of the police force having the written authority of an administrative officer or of any police officer of or above the rank of sub-inspector and any police officer of or above that rank, without written authority, may search any person suspected on reasonable grounds of being in unlawful possession of any article or substance in contravention of any provision of this Act, or enter and search any premises, place, receptacle, vehicle or aeroplane wherein it is suspected upon reasonable grounds that any such article or substance is being kept, or used, or cultivated, or conveyed in contravention of this Act; and if on such search any such article or substance, or any pipes, receptacles or appliances for smoking or using them are found, they shall be seized and removed; and if it is proved that any such substances or article, or pipe, receptacle or appliance was possessed, kept, used cultivated or conveyed in contravention of this Act, it shall be declared forfeited to the Crown:Provided that if a member of the police below the rank of sub-inspector exercises the powers conferred by this section he shall forthwith make a written record of such search, or he shall make a report to his superior officer who shall without delay reduce such report to writing.10. Presumption of guilt
11. Burden of proof
12. Regulations
The Minister for Health may make regulations not inconsistent with the provisions of this Act for the better carrying out of the objects and purposes of any provision or requirement thereof and may by such regulations prescribe penalties for the breach thereof not exceeding a fine of fifty emalangeni or imprisonment for a period of one month or both such fine and such imprisonment.13. Forfeited drugs
Any drug forfeited under the provisions of this Act shall, unless the Minister for Health otherwise directs, be burned or otherwise destroyed, in the presence of a commissioned officer of police, who shall transmit to the Minister for Health a certificate under his hand stating the circumstances under which the forfeiture took place, the amount forfeited and other particulars showing his compliance with the provisions of this Act.14. Payment of informers
The Minister for Health may pay out of the public revenue to a person (other than an officer in the public service) on whose information a charge is laid resulting in a conviction under this Act, a sum not exceeding forty emalangeni.15. Interpretation
16. Saving
The provisions of the Exportation and Importation Restriction Act No. 46 of 1939 shall not apply to any habit-forming drug.17. Application of other laws
This Act shall be in addition to and not in substitution for any law or regulation which may be in force regulating the sale or disposal of drugs or poisons.History of this document
01 December 1998 this version
Consolidation
23 June 1922
Commenced
Cited documents 2
Legislation 2
1. | Magistrate’s Courts Act | 79 citations |
2. | Exportation Restriction Act, 1939 | 2 citations |
Documents citing this one 25
Judgment 22
Legislation 2
1. | Criminal Procedure and Evidence Act, 1938 | 357 citations |
2. | Pharmacy Act, 1929 | 27 citations |
Gazette 1
1. | Swaziland Government Gazette dated 2004-09-13 number 98 |