FOREIGN DRUG LAWS AND UNITED STATES CITIZENS ABROAD
Reports - National Commission on Marihuana Volume III |
Drug Abuse
FOREIGN DRUG LAWS AND UNITED STATES CITIZENS ABROAD
by Candace L. Cowan
Assistant General Counsel, Special Action Office for Drug Abuse Prevention, Washington, D.C.
CONTENTS
Rights and Responsibilities of United States Citizens Abroad
Treatment of United States Citizens Abroad
Number of Arrests and Length of Sentences of United States Citizens
Summaries of the Drug Laws of Foreign Countries
In recent years, as the drug abuse problem has begun to spread throughout the world, the views and attitudes of foreign governments concerning enforce-ment of their drug laws and the laws themselves have begun to change. The general trend has been that most nations have strengthened their drug laws by bringing more drugs of a greater variety—narcotic and non-narcotic—under control, and by increasing the severity of criminal sanctions to be imposed on persons who violate the drug laws.
In addition, foreign governments, often at the urging of the United States government, have begun to increase their vigilance concerning the traffic of narcotic and dangerous drugs through their territories, and have begun to take a more active role in detecting and apprehending drug users and traffickers. Law enforcement agencies, courts, and even legislatures in many nations have begun to impose stricter penalties against nationals who violate their own country's law, and foreigners who are apprehended within the jurisdiction of a particular nation.
In the past, foreign governments and their courts often were more lenient when a foreign national, especially one from a major power or a primary ally, was arrested within their jurisdiction. Frequently, when such an arrest occurred, the consular office of the arrestee's country was immediately contacted and arrangements were made for him to be deported or released pending trial under the supervision of his own embassy. Conviction often ended in release after serving a very short term or paying a fine, and frequently in simply being asked to leave the country. Such extra-lenient treatment was often the only punishment imposed for even major offenses.
In recent years, however, especially since the United States has been demanding more diplomatic and high level governmental assistance and coopera-tion in the area of drug law enforcement, foreign governments are beginning to seriously increase their efforts to enforce their national drug laws. Many countries also are taking a much more stringent attitude toward the treatment of foreign nationals caught violating their laws within their jurisdictions. This attitude has been reinforced by a number of factors, including a growing aversion to traveling "hippies" who frequently carry drugs, a burgeoning spread of drug experimentation and drug abuse in foreign countries, and a desire to be free of bad publicity concerning drug trafficking across their borders.
RIGHTS AND RESPONSIBILITIES OF UNITED STATES CITIZENS ABROAD
A United States citizen who visits a foreign nation is subject to all of the laws of that country so long as he remains in its legal jurisdiction. Any violation will be investigated by the police of that country, and any arrest, trial and subsequent penalty imposed will be based, both procedurally and substantively, on domestic law. Normally, there are no special arrangements or exceptions for dealing with foreign citizens, except that an interpreter may be provided, if deemed necessary.
When an American citizen or any foreign national is arrested in a foreign jurisdiction, the embassy or mission of that person's home country routinely is notified of the arrest. If the embassy or consular office cares to intervene on behalf of its own national, it may investigate the arrest and charges and monitor the proceedings instituted against him. In addition, it may provide advice on available legal counsel in the foreign country, and perhaps provide food, clothing and other amenities to the defendant during incare,eration.
The official policy of the United States government when its citizens are arrested abroad is that it will intervene only when necessary to assure that the defendant will be treated the same as a national of that country. Representatives from the United States Consular Office will visit the accused, investigate the arrest, advise the American citizen of his rights and responsibilities, and suggest that he retain domestic legal counsel. If the accused desires, the Consulate will contact his relatives or friends and facilitate communication with his family. Unless the case is very unusual, the United States will not intervene in any manner in the judicial or investigative proceedings against an American citizen charged with a criminal or civil violation of the laws of a foreign country. Any American citizen arrested in a foreign country, however, should make every effort to notify the embassy of his arrest so that advice and assistance may be obtained from the appropriate U.S. officials.
The United States government always insists that any American under investigation, arrested or charged with a criminal offense or involved in a civil pro-ceeding in a foreign nation receive fair and impartial treatment equal to that given all that nation's citizens under its standard legal procedures. To this end, United States officials will provide Americans with advice on where to obtain adequate legal counsel, may assist in assuring that language difficulties are overcome by requesting a translator and seeking translations of written charges brought against the defendant, and other such services. Beyond this, however, the United States Embassy will not interfere with the proceedings.
When a foreign national is arrested in the United States, these same standards and limitations are im-posed. That person's embassy is notified of the arrest and the charges, however, the foreign govern-ment may do no more than attempt to assure that its national receives fair and impartial treatment under United States laws and procedures, equal to that received by a United States citizen. Every right and responsibility under United States law, including evidentiary rules, right of habeas corpus, right of legal counsel, and all procedural rules must be equally applied to foreign nationals.
TREATMENT OF UNITED STATES CITIZENS ABROAD
In the past, the law enforcement agencies and the courts of foreign governments were often hesitant to prosecute to the fullest extent of the law American citizens and other foreign nationals arrested in their countries. This was often based on the assumption that such "harsh" treatment might have a deleterious effect on their foreign relations. However, in recent years, especially in reaction to United States pressure, foreign law enforcement officials and courts are beginning to take a harder line against foreign nationals arrested for criminal violation.s, especially narcotic and dangerous drug law violations.
Many of the government officials in foreign nations feel that since the United States is demanding greater punishment of foreign nationals participating in drug trafficking, and greater governmental cooperation in combatting this problem, a United States citizen found guilty of such an offense must be treated sternly. Some countries even have made direct in-quiries to the United States government asking if our government would support the imposition of more severe penalties against United States nationals arrested in their conutries for narcotic and dangerous drug offenses.
The official position of the United States govern-ment has been and remains that any U.S. national arrested for violation of foreign laws will be subject to the full treatment of the foreign law, so long as all procedures are equal to those given a national and the defendant is given an opportunity to understand those proceedings.
In addition to becoming stricter in their enforcement and prosecution of narcotic and dangerous drug laws against their own citizens, many foreign nations are applying that same degree of strictness to United States and other foreign nationals detected and arrested for such violations in their countries. Even those nations, which in the past generally tended to be lenient toward drug law violators, particularly American citizens are becoming less tolerant.
In fact, several countries have recently revised their laws to provide for stricter penalties, including life imprisonment or death, for trafficking narcotic or dangerous drugs. It is anticipated that some of these countries may very well impose capital punish-ment on American citizens found guilty of trafficking in narcotic or dangerous drugs.
In spite of these trends, some countries will con-tinue to be more lenient toward United States citizens. Generally, courts of these countries simply fine or deport United States violators. Nevertheless, more nations are changing their policy and moving toward more stringent law enforcement against both their own nationals and foreigners.
United States citizens who are arrested while in a foreign country are entirely subject to its laws and procedures. Upon arrest they have no traditional common law rights, such as habeas corpus and bail, beyond those extended to citizens of that country. The responsibilities and privileges of a person ar-rested, vary from country to country, sometimes quite markedly. Procedural rules in civil and criminal cases also vary quite a bit from country to country. Certainly, procedures in civil law jurisdictions are often quite different from those in the United States.
The United States has more procedural safeguards to protect the individual's Constitutional and legal rights than does any other country. However, our rules and standards do not apply in a forign country, simply because the arrestee is a U.S. citizen. In many countries an arrest may be made by law enforcement officers without probable cause, and the person may be detained without any privilege of communication to any outsiders, including the embassy or an at-torney. While the accused is held incommunicado, he may undergo rigorous interrogation by the police.
Prolonged periods of pre-trial detention are a common occurrence in many foreign countries. Often there are frequent postponements and long delays prior to trial during which the defendant may be incarcerated. Frequently, there is no right to counsel, bail, speedy trial or written charges, which makes it difficult to determine what specific violation has been alleged or charged.
The trial is held entirely under the procedural rules of that country. Even if a translation is provided so that the defendant can follow the proceedings, a foreign trial is frequently confusing, frightening and unpleasant. In some countries the trials are arbitrary, militaristic proceedings in which the de-fendant is given little or no opportunity to present his side of the case. Although an appeal normally is permissible, the procedure for negotiating such an appeal is quite complicated and requires the retention of expensive domestic legal counsel. Further, release pending appeal often is not permitted, so that the accused must remain incarcerated during appeal.
The standards of justice imposed by foreign courts frequently differ greatly among defendants, depending on their nationality, wealth, race, sex and other factors. In addition, it is frequently both difficult and expensive for foreign nationals to retain competent legal counsel. The United States Embassy personnel will assist a United States citizen by suggesting com-petent counsel, however, it normally will not provide such counsel.
Once an American citizen is convicted for a narcotic or dangerous drug violation, the United States government asks only that that citizen be accorded fair and humane treatment equal to that accorded all nationals convicted of similar offenses in that country. This usually means that the American citizen will be subject to either incarceration, a fine, or both, or some other penalty for his offense.
In the recent past, American citizens who were arrested in foreign countries were simply fined and deported; recently there has been an increasing tendency to incarcerate such violators, if only for a limited period of time. This is especially true of those found guilty of possession of large amounts of illicit drugs, trafficking or smuggling. Many foreign nations impose a form of medical treatment for the purposes of "curing" or rehabilitating persons caught using drugs, including marihuana. Many of the treat-ment centers are, in fact, mental institutions, and a decision by the court to institutionalize a drug user may be equivalent to incarceration. Occasionally the period of institutional detention is set by law to last "until the drug user is cured" with no legal limitation on the length of time which that may take.
In spite of all these difficulties and legal en-tanglements, clearly the most dismal, difficult and unpleasant element of the entire problem of United States citizens being arrested, tried and convicted for narcotics offenses in foreign countries is the period and conditions of incarceration which are frequently imposed on those Americans. Needless to say, deprivation of liberty is always an unpleasant experience and it is magnified in a foreign country, where in addition to other difficulties, cellmates may not be able to speak a common language. A short period of incarceration in a more developed and wealthier country might not be so terribly unpleasant or so very different from incarceration in an American prison. However, the greatest difficulty which the U.S. government faces is the fact that large numbers of Americans arrested and incarcerated abroad are in poorer, less developed countries, including some of those which are the least developed. Often young Americans travel to these countries because they believe that certain drugs are more readily available, drug usage is more common and it is permitted by law.
Conditions in most of the prisons in some of the less developed countries of the world are deplorable. Even young American citizens who are in relatively good physical condition find that after a very short period of incarceration their physical condition deteriorates rapidly and they are exposed to and frequently contact numerous diseases.
For example, prison conditions in one very popular city, well known for its ready availability of hashish and commonly frequented by numerous young Ameri-cans, have been described as hazardous to both the mind and to the body. Prison cells in this country are generally about 20 feet square, dimly lighted with between 50 to 80 prisoners per cell. Prisoners must sleep closely together on mats with only one blanket, which is both flea and lice-infested. Often the only latrine available is nonfunctional, and the latrines are linked together by underground rat-occupied tunnels. Homosexuality is rampant and difficult to prevent in such crowded conditions. Guards have been known to be violent and brutal, and may also be involved in homosexual attacks. Outdoor exercise is rarely permitted and reading material and other forms of diversion are severely limited.
Corrupt prison management frequently compli-cates the problem. In many of these prisons it is the responsibility of the family to provide food for the prisoner. Foreigners receive only stale bread, a thin watery soup, and whatever they can purchase from the canteen operated by the guards. The canteen is usually overpriced and the guards increase their business and their income by withholding the prison food provided for the prisoners. It is extremely difficult, if not impossible, to obtain decent food.
Illness and disease are rampant in the prisons. It has been reported in one such prison that 42% of the inmates treated by the visiting physician had syphilis. 'Those American prisoners who seek medical attention may be sent to the infirmary cell, which they report sharing with persons suffering from active leprosy and tuberculosis.
Even the most healthy young Americans who spend time in prison cells in this area usually lose at least twenty pounds, and almost always attract body parasites.
Reports of prison conditions from other less de-veloped countries are just as dismal. Incarceration for any length of time normally subjects American young people to extremely dangerous food and un-sanitary conditions. Temporary or even permanent impairment of their health is an obvious risk. Many of these prisons report a high percentage of drug addiction. Needless to say, most of the prisons are seriously overcrowded.
In many countries drug users are committed to mental or hospital facilities for "treatment", until cured. In a number of these countries commitment is, in reality, merely another form of incarceration, except that cellmates frequently are persons with serious mental illness. Commitment of this nature is applicable marihuana users in some countries.
Number of Arrests and Length of Sentences of United States Citizens Abroad
Table 1.—TOP 25 COUNTRIES IN WHICH AMERICANS ARE UNDER DETENTION FOR DRUG OFFENSES, AS OF MARCH 1, 1973*
Over the last few years the number of American citizens arrested abroad for narcotic and dangerous drug law violations has risen dramatically. In addition, more Americans are being incarcerated in foreign countries than have been in the past. In 1971, a total of 1,396 American citizens were arrested abroad for drug offenses. In 1972, the number arrested rose to 1,908. As of March 1, 1973, 225 new arrests of American citizens had occurred for drug law viola-tions and, as table 1 shows, 1,049 Americans re-mained detained or incarcerated in foreign countries
Table 2 reflects the results of a study of 344 persons arrested for drug offenses in a variety of countries. It reveals that approximately twelve percent were released, after a few days to a month's incarceration, by paying a fine, receiving a suspended sentence, or being deported from the country. The remainder of those arrested were detained or sentenced, and the prison terms varied from one month to 20 years. The average period of detention or sentence that members of this sample received was over two and one-half years. Thirty-four percent of the group were sentenced to serve between one and six months. Another thirty-four percent received sentences from one to five years. Of those who spent less than six months in jail, the average term was around three and one-half months.
The average age of the American who was arrested overseas last year was 25 years. In the major countries where frequent narcotics arrests occur, the ages ranged from 17 to age 50. Approximately eighty-nine percent of those arrested were males; eleven percent were females.
Although arrests in foreign countries frequently are for violation of "narcotics" laws, which do not differentiate among the type of drugs involved, the State Department's Consular Service has attempted to determine the type of drug involved. In one sample, it was revealed that 73% of the cases involved cannabis or hashish. Some 12% involved opium or 'ts derivatives, such as morphine or heroin. Other drugs such as LSD, cocaine or those substances which were "unknown" or unidentified accounted for the emainder. The vast majority of the arrests involving annabis were charged with possession or sale of hashish, "kif," or "charas," common terms or local nicknames for the resin form of the cannabis plant.
SUMMARIES OF THE DRUG LAWS OF FOREIGN COUNTRIES
The following country-by-country summary of the current narcotic and dangerous drug laws are as complete and up-to-date as possible. However, many nations are currently revising their narcotic laws and many undoubtedly will alter their penalty structure.
Some countries, like the United States, have state and territorial laws, as well as national or federal law, which frequently impose different and more severe penalties for drug law violations. Those laws and penalties are not included in this survey of the laws of foreign countries. Nevertheless, any Ameri-can arrested in a foreign country might well be charged and tried under these state or territorial laws.
Recent changes in the laws of many countries have resulted in the inclusion of more severe penalties than in the past. Several countries now provide the death penalty for trafficking in narcotic drugs. One nation has executed over 160 persons for smuggling narcotic drugs across its border.
The terminology used in this listing of foreign drug laws was chosen to be as uniform and compre-hensive as possible. For example, the term "traffick-ing" includes sale, delivery, distribution, transporting, and in most countries, receiving, accepting, and giving away. The analysis generally includes only the most common offenses and their penalties. The term "narcotic" includes cocaine and the term "marihuana" includes all cannabis products.
Most countries impose penalties on a number of other forms of violations not included in this paper. For example, penalties normally are provided for related offenses, such as possession of illegal instru-ments, maintaining an illegal establishment, opera-tion of an opium den, and violation of various tax-ation, prescription and registration codes.
Frequently, these laws include other types of penalties not reviewed in this analysis. Quite often the fine which is imposed as an alternative to, or in addi-tion to, the period of incarceration is quite large, the amount often being based on a multiple of the value of the drug involved. Normally, if the defendant can-not afford to pay the fine, or chooses not to, he will be required to serve additional time in prison.
Other forms of punishment are also frequently imposed, such as deportation of aliens; seizure and confiscation of the drug and any vehicles used to transport the drug; a longer period of incarceration, frequently double, for sale to a minor or to a person who is mentally retarded; and special penalties for any professionals, such as doctors or pharmacists, who are involved in narcotic drug offenses.
Over 125 countries are included in this compilation, as follows:
Afghanistan
Albania
Algeria
Argentina
Australia
Austria
Belgium
Bolivia
Botswana
Brazil
British Honduras
Bulgaria
Burma
Cameroon
Canada
Central African Republic
Ceylon
Chad
Chile
China, Peoples Republic of China, Republic of (Taiwan)
Colombia
Congo,
Costa Rica
Cuba
Cyprus
Czechoslovakia
Dahomey
Denmark
Dominican Republic
Ecuador
El Salvador
Egypt
Ethiopia
Finland
France
Gabon
Gambia
German Democratic Republic (East)
Germany, Federal Republic of (West)
Ghana
Greece
Guatemala
Guinea
Guyana
Haiti
Honduras
Hong Kong
Hungary
Iceland
India
Iran
Iraq
Ireland
Israel
Italy
Ivory Coast
Jamaica
Japan
Jordan
Kenya
Khmer Republic (formerly Cambodia)
Korea, (South)
Laos
Republic of the Lebanon
Lesotho, Kingdom of
Liberia
Libya
Liechtenstein
Luxembourg
Macao (Colony of Portugal)
Madagascar
Malawi
Malaysia
Mali
Malta
Mauritania
Mexico
Monaco
Morroco
Nepal
Netherlands
New Zealand
Nicaragua
Niger
Nigeria
Norway
Pakistan
Panama
Paraguay
Peru
Phillipines
Poland
Portugal
Rhodesia
Romania
San Marino
Saudi Arabia
Senegal
Sierre Leone
Singapore
Somalia
South Africa
Spain
Sudan
Swaziland
Sweden
Switzerland
Syria
Tanzania
Thailand
Togo
Trinidad and Tobago
Tunisia
Turkey
Uganda
Union of Soviet Socialist Republics
United Kingdom
United States
Upper Volta
Uruguay
Venezuela
Viet Nam
South Western Samoa
Yugoslavia
Zambia
Afghanistan
The Law to Prohibit Charas and Bhang (Canna-bis), amended in 1933, and the Penal Code controls cannabis applies to its possession, use, trafficking, import, export and cultivation. If the offender is over 15 years of age, the penalty is at the judge's discretion.
The Opium Act of 1957 regulates all other nar-cotic and dangerous drugs. The penalty for posses-sion, use, trafficking, import, export and cultivation for violators over age 15 rests in the discretion of the judge.
All penalties which are applied at the judge's discretion are decided by applying basic principles of Hanafi Jurisprudence of Islamic Shariat. The penalty determination can vary widely depending on the circumstances.
Albania
Regulation No. 2 of the Government of the Peo-ple's Republic of Albania, issued on June 2, 1953, defines cannabis, opiate drugs, end other dangerous drugs as narcotic poisonous drugs. For possession, use, trafficking, manufacture, cultivation, or trans-porting of any of these drugs, a period of up to three years in correctional labor or deprivation of freedom by imprisonment may be imposed.
Algeria
"Narcotic drugs," including cannabis, are controlled under Algerian law. The punishment for illegal activities and trafficking of narcotics is a "severe penalty," which includes a prison term of over two years.
Argentina
Cannabis, narcotic and other dangerous drugs are controlled by the Health Act and the Penal Code, as amended on July 29, 1968. For possession of small amounts and use of any of these substances, the penalty is three months to one year. For im-portation, exportation, trafficking, possession for sale, cultivation and manufacture, the penalty is one to six years.
If sickness or death results to any person because of the commission of any of the abuse offenses, the penalty is from three to fifteen years. If a substance is sold to a minor, the penalty ranges from three to eight years.
Australia
Cannabis, narcotics and other drugs are con-trolled by the Customs Act, 1901-1968. Illegal importation, exportation, smuggling, or possession of smuggled goods is punishable by a fine of up to $4,000 (Australian dollars) or three times the value of the illegal drugs and/or up to 10 years imprison-ment. A court of summary jurisdiction may impose a fine and/or a jail term of up to two years. For all offenses, the minimum pecuniary penalty shall be one-twentieth of the maximum penalty (pecuniary) specified for the offense.
There are no Commonwealth laws regarding traf-ficldng other than the Customs Act. However, each State and territory has its own drug regulations, health laws and penal codes, many of which are quite strict. Illegal possession, use and distribution are all punishable offenses.
Austria
Cannabis is considered a narcotic under the Nar-cotic Drugs Act of 1951. For possession of less than one week's supply, prosecution may be suspended in lieu of medical treatment, which may extend one full year. However, if more than one week's supply is possessed, the penalty is six months plus a fine. For import, export, trafficking, and cultivation, the penalty is one to five years in prison and up to U.S. $1,000 fine. In "aggrevated circumstances" a violator may be sentenced to no more than ten years and fined up to U.S. $1,000.
The penalties for possession or use of narcotics or other dangerous drugs is the same as for Canna- bis except that if committed "in the course of busi-ness," the penalty is one week to six months of "rigorous detention." The list of controlled drugs includes amphetamines, barbiturates, and hallucino-gens. The penalty for import, export, trafficking and cultivation is one to five years and up to U.S. $1,000 fine. In aggravated circumstances, the pen-alty can run to ten years and the fine may be levied at up to double the amount of profit made by the illicit activity.
Belgium
The law which controls all narcotic drugs, cannabis and other dangerous drugs is the Moniteur belge, 1921, and the Decree of December 31, 1930, Re-garding Traffic in Drugs, as amended in 1951 and 1963.
The law provides that for any violations, includ-ing use, possession, trafficking of drugs, importation and exportation, the penalty is imprisonment from three months to two years and/or a fine of 1,000 to 10,000 Francs.
Bolivia
The Narcotic law 171 of January 10, 1962, in-cludes cannabis and narcotic drugs. For illegal pos-session, the penalty is from three to five years imprisonment. Illegal import, export, manufacture, cultivation and trafficking of these drugs is punish-able by three to 10 years in prison and a fine of from 10 to 100 million Bolivianos.
The punishment is increased in severity for dis-tribution to a minor If the offense results in severe and permanent illness to the purchaser, the penalty is raised to six to 10 years.
If a person is apprehended using drugs, and is determined to be an addict or a "victim who makes excessive use" of the controlled drugs, he may be interned in a public health institution until he has been completely cured."
Botswana
The Habit-forming Drug Proclamation of 1922 controls opium, coca, cannabis and their derivatives. The penalties for illegal use, possession, importing, exporting, manufacture or trafficking is a fine and/or imprisonment for up to two years.
Brazil
Narcotics Law number 5,726 of November, 1971, controls narcotics and dangerous drugs including cannabis, opium, coca, their derivatives and other substances which cause physical or psychic dependence. The penalty for cultivation, transportation, or acquisition of these substances is rigorous im-prisonment for one to five years and a fine of ten to thirty times the minimum wage in effect. For illicit possession of these substances, the penalty is one to six years in prison and fifty to one hundred times the minimum wage. Conspiracy or inciting others to use drugs may be punished by a penalty increased by one third. Addicts will be committed to a mental institution for psychiatric treatment for as long as necessary for rehabilitation.
British Honduras
The Dangerous Drugs Ordinance of 1958 en-forced in this nation controls cannabis, coca, opium, their derivatives and synthetic narcotic drugs. Illegal possession, manufacture, importing, exporting or trafficking is punishable, on summary conviction, by no more than twelve months in prison, with or without hard labor and/or a fine. If convicted on indictment, the penalty may be a fine and/or up to ten years in prison, with or without hard labor.
Bulgaria
The new Penal Code of 1958 controls cannabis and narcotic drugs. For possession, use, trafficking, cultivation or manufacture, the penalty is a manda-tory two years in prison and/or a fine of 300 leva. If the crime is committed in a "systematic manner," the penalty is a mandatory three years and/or 3,000 leva fine. Illegal import, export or smuggling is punishable by up to six years imprisonment and a fine of 2,000 leva or the customs tax, whichever is greater.
Burma
Cannabis and coca leaf derivatives are controlled under the Dangerous Drug Act of 1930, as amended in 1935. The penalty for possession, use, trafficking, import and export is up to two years imprisonment and/or a fine.
Opium is controlled by the Opium Act of 1909, as amended in 1956. The illegal possession of small amounts of prepared opium suitable for smoking is no more than two years and/or a fine. Transfer, sale, trafficking and possession of pure opium is punish-able by "rigorous imprisonment" for up to five years and/or a fine. Unless there are special circumstances, the penalty must be at least three months and at least 500 Kyats. Illegal import and export is punishable by up to three years and/or a fine.
Existing laws provide for limited opium use by registered addicts. However, Directive 57 Ba Ka 65 (838/65) provides that "the sale of opium-shop licenses is to be suspended as the scheme of the total eradication of opium in the Shan States has been laid down by the Revolutionary Government of the Union of Burma." Dated August 23, 1968.
Cameroon
The French law controlling narcotics and danger.: ous drugs has been retained in the current Health Code. Coca, opium, cannabis and their derivatives are controlled. The penalty for illegal use, possession, manufacture, importing, exporting or trafficking is a fine and/or three months to five years in prison. The penalty is doubled for cultivation or sale to a minor or an addict.
Canada
On July 31, 1972, the Government of Canada an-nounced a new policy which removed cannabis from the control of the Narcotic Control Act and placed it under the Food and Drugs Act. Illegal possession and use of cannabis is now punishable, at the judge's dis-cretion, by a direct discharge of the charges, or by conditional probation. These penalties are applicable to persons with no previous criminal record, and are not considered as a conviction.
Possession of cannabis still is illegal, however, and repeated violations may incur harsher penalties. Traf-ficking and smugg,ling of cannabis is still punishable the same as trafficking of drugs controlled under the Narcotics Control Act, up to seven years in prison.
The Narcotic Control Act of 1961 regulates "nar-cotics," which includes opiates, coca, and other dangerous drugs.
For simple possession of any of the narcotics, the violator may receive, on summary conviction, not more than six months imprisonment or a fine. For a second offense, the penalty is up to one year and/or a fine. However, if convicted on an indictment, the penalty is for up to seven years. The burden is on the defendant to prove that he was not in possession for purposes of trafficking.
The penalty for trafficking, cultivation, manufac-ture, sale, offer or possession for distribution of any of the controlled drugs is imprisonment for up to seven years. If a defendant is convicted of trafficking or illegal importing or exporting,'and has a prior con-viction for the same offense, the court must impose a sentence of "preventive detention" in a penitentiary for an indeterminate period.
Illegal importation or exportation of any of these substances is punishable by a mandatory seven years and life imprisonment.
If a user is determined to be a "narcotic addict" (a person with a psychological or physical dependence on any of the controlled substances) he shall be sen-tenced to custody or treatment for an indeterminate period.
Central African Republic
The illicit possession, manufacture, importing, ex-porting or trafficking of narcotic drugs or cannabis is punishable by from one month and one day to two years in prison and/or a fine.
Ceylon
The Poisons, Opium and Dangerous Drug Act of 1936, as amended, controls opium, cannabis, coca and their derivatives. Illicit use, possession, cultiva-tion, manufacture, production, importing, exporting or trafficking is punishable depending on the magni-tude of the offense. If convicted by summary con-viction, the penalty is up to one year in prison and/or a fine. If convicted in District Court, the penalty is a fine and/or up to three years; and if convicted in the Supreme Court the penalty is a fine and/or up to ten years in prison.
Chad
The 1956 Decree and the Health Code of Chad control cannabis, coca, opium and their derivatives. The penalty for illicit use, possession, importing, ex-porting, manufacturing or trafficking of any of these substances is punishable by imprisonment for three months to five years and/or a fine. Distribution to a minor or to an addict or cultivation is punishable by a double penalty.
Chile
The Chilian Penal Code and the Health Code con-trol all narcotics and dangerous drugs. The Penal Code classifies cannabis as a narcotic along with the opium, coca leaves and their derivatives. Personal possession or use of these substances is not controlled by the Penal Code, however it is restricted by regula-tions under the Health Code, and violations are punishable by fine.
Illegal trafficking or possession of "narcotics" for distribution is punishable by imprisonment for 541 days to three years and a fine of from one to five times the Sanitago minimum salary. Illegal manufac-ture, preparation, promotion or inducing consumption is punishable by imprisonment from ten to fifteen years plus a fine of from 10 to 100 times the mini-mum salary.
Dangerous drugs which are not specifically in- cluded in the list of narcotic drugs are controlled under a Health Code Decree of 1970. Stimulants, de-pressants and hallucinogens are specifically included. Possession, manufacture, and distribution of these substances are restricted, and punishments range from a fine to closure of the business establishments. Illegal import or export of dangerous drugs is punishable by imprisonment for five to twenty years and a fine.
Chile is currently revising its narcotic and dangerous drug laws. Penalties will probably be more strict, especially for possession. A provision is expected to be adopted which would require internment for addicts for medical treatment.
China, Peoples Republic of
Although specific criminal penalties are unavail-able, the Order of the State Administrative Council Concerning the Strict Prohibition of Opium and Other Narcotics of February 24, 1950, forbids the cultivation, distribution and smoking of opium. It also prohibits the importation, exportation, proces-sing and sale of opium and other narcotics. Violators are to be given "severe punishment." Under the gen-eral penal law, unspecified punishments will be set according to the severity of the offense, and may range from imprisonment for three years to death.
China, Republic of (Taiwan)
A new "special law" governing narcotics and the Penal Code includes opium, cannabis, coca, and synthetic narcotic substances. Simple possession is punishable by imprisonment from two to five years. Use by injection of narcotics or addiction is punish-able by three to seven years in prison. Use of non-addicting substances, one to three years. Possession with intent to traffic is punishable by seven years to life, and trafficking, transporting or production is punishable by either life imprisonment or death.
Compulsory treatment of addicts is provided, but if an addict commits an offense once cured, the penalty is increased by two thirds. A third offense will receive the death penalty.
Colombia
The Penal Code and several Public Health Decrees classify cannabis, coca and other drugs as "narcotic" drugs. The punishment for possession, trafficking, sale, cultivation, import and export is from two to five years at hard labor and a fine.
Habitual users of narcotics may be interned for as long as necessary to effect a cure.
Congo, Republic of the
Ordinance No. 27 of 1953 provides that cannabis,opium, coca and their derivatives are all narcotics. The penalty for possession, use, trafficking, import and export is hard labor for three months to two years and/or a fine.
Costa Rica
The Health Code and Penal Code classify canna-bis, opiates, and coca as narcotics. The penalty for possession of any of these substances is from six months to one year in prison. For the illicit sale, manufacture, import, or export, the penalty is from six months to three years.
Cuba
The Code of Social Defense of 1948 and more recent Presidential Proclamations control toxic or narcotic drugs. Possession is punishable by imprison-ment from six months to two years and a fine. Trafficking, cultivation, manufacture, import or ex-port is punishable by one to four years in prison and a fine.
Cyprus
The Narcotic Drug Law of 1967 controls cannabis, opiates, coca and other dangerous drugs as "nar-cotic drugs." The penalty for possession, use, sale, import, export, cultivation and manufacture is im-prisonment for up to ten years and/or a substantial fine.
Czechoslovakia
The Criminal Code of 1961 and the Health Laws and Regulations of 1967 control all "narcotics." Included in this category are cannabis, coca, opium, and synthetic substances which may be "liable to give rise to psychological changes dangerous to society, or to the person using them . . ."
The illegal possession, manufacture, import, ex-port or trafficking in any of these narcotic substances is punishable by up to two years of imprisonment, correctional labor, and/or a fine. If any of these violations are committed as a member of an orga-nized group, for considerable gain, or if it results in grave injury or death, the penalty is two to eight years imprisonment.
Dahomey
The French law controlling narcotics and dan-gerous drugs has been retained in the current Health Code. Coca, opium, cannabis and their derivatives are controlled. The penalty for illegal use, posses-sion, manufacture, importing, exporting or traffick-ing is a fine and/or three months to five years in prison. The penalty is doubled for cultivation or sale to a minor or an addict.
Denmark
The Danish Criminal Code of 1955, as amended and updated, classifies cannabis, opium, coca, and synthetics as "euphoriant substances." The penalty for illicit possession, import, export, cultivation, or trafficking of any of these substances is a fine, de-tention or imprisonment not exceeding two years.
Anyone who distributes euphoriant substances to a large number of persons or possesses with intent to distribute to a large number of persons will be imprisoned for up to six years. It is standard pro-cedure to expel any foreigner who possesses euphoric substances as undesirable aliens.
Dominican Republic
The Dominican law, Act No. 5180 of 1959, as amended, includes cannabis, opium, coca and syn-thetic substances as "narcotics." Illicit possession is punishable by imprisonment for from ten days to one year and/or a fine. Illegal importation, exporta-tion or trafficking is punished by imprisonment for from three to ten years and/or a large fine. Illegal cultivation is punishable by from one to five years prison and/or a fine.
Persons who are determined to be narcotic addicts may be committed to a health institution "until cured," but will also be penalized for any offense which they commit.
Ecuador
In a new law adopted in 1970, drugs are classified as either narcotic (including cannabis) or psycho-tropic, including amphetamines, barbiturates and hallucinogens. The law provides that persons mak-ing an improper use of narcotics or psychotropic drugs shall be subject to detoxification and rehabili-tation for as long as needed, as determined by the physician in charge. Any user who refuses treatment will be imprisoned for one year during which period he will undergo proper treatment.
For illegal possession, import, export, trafficking, cultivation, or manufacture, the penalty is eight to twelve years in prison and a large fine. Illegally administering a narcotic or psychotropic drug to a person for other than therapeutic purposes is punish-able by four to eight years imprisonment. Illegal administering to a minor is punishable by eight to twelve years in prison.
El Salvador
The law of El Salvador controls all narcotic drugs in its Penal Code. The Code controls opium, coca, and cannabis. For illicit possession, use, manufac-ture, import, export, cultivation or trafficking, the criminal penafty is eight years imprisonment.
There is also an eight year penalty for "adminis-tering" narcotic drugs. Equipment and objects used in the commission of a drug crime are confiscated or destroyed by the government. If the violator is a public official or employee, or a professional who has authority to prescribe drugs, the penalty is in-creased by one-fourth. If the violator has supplied drugs to a minor, the penalty is increased by one-third.
Egypt
Law No. 40 of 1966 revised the 1960 narcotics law, which controls cannabis, coca, opium, their derivatives, and synthetic substances.
The revision provides that the death penalty will be imposed along with a large fine for most offenses relating to any of these substances, including illegal possession, sale, delivery, trafficking, importation, exportation, manufacture or production. In certain cases imprisonment may be imposed.
Life imprisonment at forced labor will be imposed on those who offer or facilitate the illegal use or narcotic substandes.
Ethiopia
The Penal Code of 1957 controls cannabis, opium, and coca. It provides that illicit production, importa-tion, exportation, manufacture, transporting, acquir-ing, storing or trafficking of any narc,otic substance is punishable by "simple imprisonment" for not less than three months and with a substantial fine.
If the offense is committed by a band or an associ-ation organized for this traffic, or by a person who makes a profession of such activities; or if a narcotic is furnished to a minor, mental defective, or drug addict, the court may impose a sentence of "rigorous imprisonment" not exceeding five years and a fine.
Finland
In a new Pharmaceutical Substances Act, which became effective in 1972, all controlled drugs are listed in schedules. Cannabis, opiates, c,oca and synthetic substances are all controlled.
The criminal penalties provide that possession, use, distribution, manufacture, trafficking, importing or exporting a controlled drug is punishable by im-prisonment for not more than two years. If any of these offenses is committed as a trade, involves a particularly dangerous or harmful drug, or is a heinous crime for any other reason, the offender shall be sentenced to hard labor for not more than ten years or imprisoned not less than one year.
France
The French Public Health Code of 1970 controls cannabis, opium derivatives, coca, and synthetic drugs. The penalties do not distinguish between the drugs involved, but relate directly to the activity.
For possession and use of any of the substances, the penalty is two months to one year in prison and/ or a fine of U.S. $90 to $900.
For trafficking by a local pusher (distribution directly to users), the penalty is imprisonment for two to ten years and U.S. $900 to $9 million fine. However, for international trafficking, importing, ex-porting, production or manufacture of drugs, the penalty is ten to twenty years in prison and the fine. All penalties double for second offenses.
Users and addicts when arrested are required to undergo treatment. Anyone who refuses treatment may be jailed for two months to one year and fined.
Illegal distribution to minors is punished by five to ten years imprisonment. Foreigners who commit any of these offenses may be banished from France for from two years to forever, depending on the offense.
Gabon
The Public Health Law and Penal Code of 1963 controls all dangerous drugs and narcotics. The penalty for possession, use, 'trafficking, importation, exportation, and production is imprisonment for from six months to two years and a fine.
Gambia
The Dangerous Drug Act controls cannabis and narcotic drugs. The penalty for possession, import, export, manufacture or trafficking is imprisonment for not more than seven years (with or without hard labor) and/or a fine.
German Democratic Republic (East)
The Opium Act of 1929 is still in effect in the German Democratic Republic. The law includes can-nabis, coca, opium and their derivatives. Illicit pos-session, import, export, manufacture or trafficking may be punished by up to three years in prison and/ or a fine.
Germany, Federal Republic of (West)
The Narcotic Law of 1929, as amended in 1971 controls cannabis, opium, coca, and snythetic drugs.
The penalty for possession of drugs for immediate private use is a suspension of sentence available for minor violations. For felony possession, importing, exporting, producing, trafficking or manufacturing the penalty is up to three years in prison and a fine. However, if the violator is part of a gang, acts as a professional, distributes large amounts, delivers re-peatedly to minors, conceals drugs being imported or endangers someone's life through trafficking, the pen-alty is one to ten years and a large fine.
Ghana
The Pharmacy and Drugs Act of 1961, as amended, controls opium, coca, cannabis, their derivatives, and amphetamines. The penalty for illegal use of these substances is hospitalization in a mental institution. For simple possession, on summary conviction: up to one year and/or a fine; by indictment: up to ten years and/or a fine. A minimum of five years for any offense relating to cannabis must be imposed unless the offense was "trivial" or there were special circumstances which would render this penalty un-just. The third conviction for possession or smoking of cannabis or opium is punishable by up to twenty years in prison.
The illegal import, export, manufacture, cultiva-tion or manufacture of any of these substances is punishable by summary conviction, up to one year and/or a fine; or by indictment, up to ten years and/or a fine. A third conviction is punishable by up to life in prison.
Greece
The Greek law includes cannabis, opium, coca and their derivatives as "narcotics."
Illegal use of these drugs is punishable by not less than six months imprisonment, however habitual use is punishable by not less than two years in prison and mandatory treatment.
Illicit possession, import, export, cultivation, manu-facture or trafficking, the penalty is no more than ten years imprisonment and a large fine. Retail trading in small quantities among drug addicts is penalized by not less than two years. If trafficking of drugs is habitual or is committed by a professional violator as a means of livelihood, it is considered an "aggravating circumstance" and an enhanced penalty will be imposed.
Guatemala
The Health Code and Penal Code provide control for opium, coca, cannabis and their derivatives. For illegal use of these substances, the users may be hos- pitalized "until cured." For illicit import, export, cultivation, manufacture, possession, and trafficking, the penalty is up to three years in prison.
Guinea
The French law controlling narcotics and danger-ous drugs has been retained in the current Health Code. Coca, opium, cannabis and their derivatives are controlled. The penalty for illegal use, possession, manufacture, importing, exporting or trafficking is a fine and/or three months to five years in prison. The penalty is doubled for cultivation or sale to a minor or an addict.
Guyana
The Dangerous Drug Ordinance controls opium, coca leaves, cannabis and their derivatives. For illegal possession, use, manufacture, cultivating, importing, or trafficking, the penalty by summary conviction is a fine and/or imprisonment with or without hard labor for no more than twelve months. If the convic-tion is on an indictment, the penalty is no more than ten years imprisonment and/or a fine.
Haiti
The Haitian law controls cannabis, opium, coca leaves and their derivatives. For illicit possession, use, import, export, manufacture, cultivation or traffick-ing, a fine or imprisonment of from eight days to six months will be imposed. For a second conviction both penalties will be imposed.
Honduras
The Penal Code of Honduras and various Execu-tive Resolutions include opium, cannabis, coca leaves and their derivatives as "narcotic drugs." The illegal manufacture of such substances is punishable by im-prisonment from one year and one day to two years. Other penalties range from lesser punishments (re-clusion menor: 61 days to one year) up to a more serious penalty (presidio menor: two years and one day to three years).
Hong Kong
The Dangerous Drugs Ordinance of 1968, as amended in 1969, controls opium, coca leaves, can-nabis, and their derivatives in one category.
Simple possession or use of any dangerous drug is punishable on summary conviction by a fine and three years in prison. However, possession of the opium poppy or the cannabis plant is punishable by a fine and fifteen years in prison.
Possession of any dangerous drug for the purpose of trafficking is punishable on summary conviction by a fine and three years imprisonment, or by indict-ment with a fine and imprisonment for life.
Illicit trafficking, importing or exporting a danger-ous drug is punishable on summary conviction by a fine and three years in prison, or on indictment by a fine and life imprisonment. Illegal cultivation of cannabis or poppy is punishable by conviction on indictment with a fine and imprisonment for fifteen years. Illicit manufacture of a dangerous drug is punished by a fine and life imprisonment.
Hungary
The Criminal Code controls all "narcotic drugs," which includes cannabis, coca leaves, opium, their derivatives, and synthetic narcotic substances. The penalty for illicit possession, manufacture or traffick-ing of narcotic drugs is up to one year in prison and a fine. If the crime was committed "professionally," by a recidivist, or commited in association with felons or criminals, the penalty is up to three years in prison.
Iceland
The law controls cannabis, coca leaves, opium, their derivatives and certain synthetic narcotic drugs. Recent amendments have added most of the psycho-tropic substances such as LSD. The penalty for the illegal possession, manufacture, importation, expor-tation or trafficking is imprisonment and a fine.
India
Several national laws control drugs in India, pri-marily the Opium Act and the Dangerous Drug Act. Cannabis, coca leaves and their derivatives are con-trolled as "dangerous drugs." Opium and certain forms of cannabis receive special legal treatment. Opium is produced legally for medical uses and export under very tight national controls. Cannabis is also legally grown under government license for some uses. Bhang, made frotn the leaves of the cannabis plant, is freely permitted throughout India, and is used as a spice and for a mildly intoxicating drink. However, the possession and use of all forms of the plant, including bhang, marihuana and hashish, are actually illegal.
Penalties for illicit possession or use of cannabis or its derivatives are a fine and up to two years in prison. Possession and use of opium, coca leaves and other dangerous drugs are punishable by a fine arid up to three years in prison.
For illegal importation, exportation, manufacture, cultivation, or trafficking of any dangerous drug, the penalty is a fine and up to three years in prison.
Subsequent convictions may receive up to four years in prison.
Iran
The government of Iran, in its Law of 1955 on Narcotics and in its Law of 1969 on Poppy and Opium controls as "narcotic drugs" cannabis, opium, coca leaves, their derivatives and some synthetic nar-cotic substances.
Caimabis is treated differently in the penalty sec-tion. Possession or use is punishable by six months to three years. Manufacture, importation, exporta-tion, or trafficking is punishable by from three to fifteen years of hard labor and a fine. A second con-viction may be punished by fine and life imprison-ment at hard labor.
For simple possession of less than fifty grams of opium or one gram of heroin, morphine or cocaine, the penalty is one to three years in prison and a fine. If from fifty grams to two kilograms of opium or one gram to ten g,rams of other narcotics is possessed, the penalty is imprisonment at hard labor for from three to fifteen years and a fine. If the violator pos-sesses more than two kilograms of opium or ten grams of the other narcotic drugs, the penalty is death.
Illegal manufacturing, importing, exporting or trafficking of less than 50 grams of opium or one gram of the other narcotic drugs is punishable by one to three years in 'Prison and a fine. If the amount of opium involved is more than 50 grams but less than two kilograms, or more than one gram but less than ten grams of the other drugs, the penalty is imprisonment at hard labor for three to fifteen years plus a fine. If over two kilograms of opium or more than ten grams of the other drugs are involved, the penalty is death.
Illegal cultivation of the opium poppy is punish-able by three to five years and a fine. A second offense will be punished by life imprisonment.
Iraq
The Narcotic Drugs Law of 1965 controls canna-bis, opium, coca leaves, their derivatives, and syn-thetic narcotic substances as "narcotic drugs." The illegal possession, manufacture, importation, expor-tation or trafficking of any 'narcotic drugs" is punish-able by fine and/or a mandatory six months to five years in prison.
Ireland
The Dangerous Drug Act classifies cannabis, coca leaves, opium, their derivatives and certain synthetic narcotic substances all as dangerous drugs. For illegal possession, import, export, manufacture or traffick-ing the penalty on summary conviction is a fine and/ or imprisonment up to six months with or without hard labor. If convicted on indictment, the penalty is a fine and imprisonment for no more than five years.
Israel
The Dangerous Drug Ordinance includes as sched-ule I dangerous drugs cannabis, opium, coca leaves their derivatives and some synthetic narcotic drugs.
For the illegal possession, use, importing, export-ing, manufacture, cultivation or trafficking of any dangerous drug, the penalty, if convicted before a chief magistrate, is a fine and up to three years im-prisonment. If summarily convicted, the penalty is a fine and up to four years in prison, and if convicted on information or indictment, the penalty is a large fine and no more than ten years in prison. The same penalties apply to anyone who induces a minor to use a dangerous drug, however no probation or con-ditional imprisonment will be available.
Italy
The Italian law controls as "narcotic drugs" in a schedule system cannabis, coca leaves, opium, their derivatives, synthetic opiates, and certain psycho-tropic substances. For the illegal use, possession, manufacture, importation, exportation, or trafficking of any of the listed drugs, the penalty is from three to eight years in prison and a large fine.
Ivory Coast
The French law controlling narcotics and dangerous drugs has been retained in the current Health Code. Coca, opium, cannabis and their derivatives are controlled. The penalty for illegal use, possession, manufacture, importing, exporting or trafficking is a fine and/or three months to five years in prison. The penalty is doubled for cultivation or sale to a minor or an addict.
Jamaica
Cannabis, opium, coca leaves, their derivatives and synthetic narcotic drugs are controlled by the Danger-ous Drug Law. The penalties that apply to "Ganja" (cannabis) are more stringent than those which apply to other controlled drugs.
For possession of cannabis, first offense, the pen-alty is 18 months to three years imprisonment at hard labor. For a second conviction, the prison term is three to five years at hard labor. For cultivation, im- portation, exportation, or trafficking of cannabis, the first offense is punishable by five to seven years at hard labor. A second conviction may be punished by seven to ten years at hard labor.
For illicit possession, manufacture, cultivation, importation, exportation or trafficking of any other controlled dangerous drugs, the penalty for the first offense will be up to one year in prison at hard labor and/or a fine. A second offense will be punished by up to two years at hard labor and/or a fine.
Japan
The Japanese Narcotic Control Law as amended in 1963 controls cannabis, opium, coca leaves, their derivatives, synthetic narcotic drugs, hallucinogens, amphetamines, and barbiturates.
The illicit possession or use of cannabis is penal-ized by imprisonment for up to five years and a fine. For illegal importation, exportation, cultivation or trafficking, the penalty is up to seven years and a fine.
For illegal possession of heroin, the penalty is up to ten years in prison. Illegal importing, exporting, cultivation or manufacture of heroin is punishable, if committed not for gain, by imprisonment for up to one year. If the offense is committed for gain, the punishment is imprisonment for from three years to life and a substantial fine. Illicit trafficking of heroin not for gain is punishable by up to ten years in prison. If committed for gain, the penalty is not less than one year and a fine.
Illegal possession of any other narcotic drug is penalized by up to seven years imprisonment. Manu-facture, importing, or exporting is punishable, if not committed for gain, by one to ten years incarceration. If committed for gain, the prison term is not less than one year. Illicit trafficking, not for gain, may incur up to seven years in prison. Trafficking for gain is punishable by from one to ten years and a fine.
Jordan
In Law 10/1955, amended in December, 1972, cannabis, opium, coca leaves, their derivatives and certain synthetic narcotic drugs are classified as "dangerous drugs."
Illicit consumption of any dangerous drug is pun-ishable by not less than six months in prison and a fine. Addiction is treated as criminal behavior.
Illegal possession or acts of commerce concerning dangerous drugs is punishable by hard labor for not less than ten years and a fine.
Illegal import, export, transport, cultivation or manufacture may be punished by hard labor for life and a fine.
Kenya
The Dangerous Drug Ordinance controls cannabis, opium, coca leaves and their derivatives. Illegal pos-session, use, manufacture, cultivation, importation, exportation or trafficking is punishable by a sub-ordinate court with a fine and/or imprisonment for up to five years. If convicted by the Supreme Court, the penalty is a fine and/or imprisonment for no more than ten years.
Khmer Republic (formerly Cambodia)
The Dangerous Substances Decree Law of 1919 and the new Opium Law, Ordinance No. 84-72 PRK of 1972, control cannabis, opium, coca, and other derivatives.
The illicit use of cannabis, or coca and their de-rivatives is punishable by one month to one year in prison and a fine. Illicit possession, manufacture, production, importing, or trafficking of these con-trolled drugs may be punished by three months to two years in prison and a fine.
The cultivation, use and consumption of opium and its derivatives is illegal under the 1972 law and violations will be punished by imprisonment from one to five years and a fine.
Illegal importation, exportation, possession for trafficking, smuggling or trafficking of opium or any of its derivatives (including heroin and morphine) is punishable by five to twenty years in prison at forced labor.
Korea, Republic of (South)
The Narcotics Control Law classifies cannabis as a arcotic drug along with opium, coca leaves and their -derivatives. This law provides that the penalty for use kf any narcotic drug is punishable by penal servitude or not more than five years. An addict must undergo • eatment, and a refusal is punished by six months to In years in prison. Simple possession is punishable IT up to ten years in penal servitude. Illegal im-iortation, exportation, manufacture or trafficking of ,arcotic drugs is penalized by a "limited term" of not 1 than one year. If committed for gain, the penalty not less than two years to life.
A new law, the Habit Forming Drug Control Law 1970, covers the psychotropic drugs: ampheta-=hies, barbiturates, hallucinogenic substances, and
ers. A person who has, in the view of medical pinion, become "poisoned by a habit forming drug," placed in isolation and treated. The penalty for 'cit use, possession, or trafficking of these substances no more than five years at hard labor or a fine. For 'cit manufacture, importation or exportation of these substances, the penalty is hard labor for up to ten years or a fine.
Laos
'The Laotian law provides controls for "narcotic drugs," including cannabis, coca leaves, their de-rivatives and synthetic narcotic drugs. A new Opium Law of 1971 specifically controls the opium poppy and its derivatives including heroin and morphine.
For illicit possession, use, importing, exporting, manufacturing or the trafficking of "narcotic drugs," (not opium or its derivatives) the penalty is from three months to two years in prison and a fine.
Under the new law, the illicit use of opium or its cultivation is punishable by a penalty of three months to three years and/or a fine. For establishing an opium den, the penalty is six months to five years and/or a fine.
Illicit possession for trafficking, production, manu-facture, importation, exportation, or trafficking of opium or its derivatives is punishable by imprison-ment at hard labor for five to twenty years and a fine.
Lebanon
The Narcotic Drugs Act controls cannabis, opium, coca leaves, their derivatives and synthetic narcotic drugs. Illegal possession or use of any narcotic drug is penalized by imprisonment for one to three years. Release may be sought after six months, only if there is evidence that the addiction is cured. For illicit manufacture, cultivation, importation, exportation or trafficking, the penalty is a term of hard labor, with no maximum set by law.
Lesotho, Kingdom of
The Opium and Habitforming Drug Law of Lesotho currently provides control for cannabis, coca leaves, opium, their derivatives, and certain synthetic narcotic drugs. The penalty for illicit possession, use, manufacture, importing, exporting, or trafficking of any of the controlled drugs is imprisonment for up to three years and/or a fine.
Liberia
The Act to Regulate Narcotics and Dangerous Drugs controls cannabis, opium, coca, and their derivatives. Any violation of the controls is punish-able by from six months to two years in prison and/ or a fine.
Libya
1. he law which controls cannabis, opium, coca, and their derivatives as narcotic drugs provides that anyone illegally using these drugs or possessing them 0with the intention of using them will be punished by confinement for not.less than 24 hours and not more than three years. FOr illicit possession with intent to distribute, manufacturing, importation, exportation or trafficking, the penalty is imprisonment for up to five years. Distribution to a minor, to an addict, or to a mentally deficient person is punished by up to six years in prison.
Liechtenstein
By special agreement, the Swiss Law on Drug Con-trol is applicable in Liechtenstein. The law controls opium, coca, cannabis, and their derivatives as well as synthetic narcotic drugs.
The illicit possession, cultivation, manufacture, im-portation, exportation, production or trafficking of any of these substances is punishable by up to two years in prison and/or a fine. If the prohibited act is committed for gain, the penalty may be up to five years in prison.
Luxembourg
The Toxic Substances law regulates cannabis, opium, coca leaves and their derivatives as a "toxic substance" likely to cause addiction.
It provides a penalty of from eight days to three months and/or a fine for illicit possession, use, im-porting, exporting or trafficking. Severe penalties are imposed on persons who administer toxic substances to other persons.
Macao (Colony of Portugal)
This small colony controls cannabis, coca leaves, opium and their derivatives through a special decree. Illegal use or possession of these drugs for one's own use is punishable by six months to one year and a fine. Possession not for gain or giving drugs to an-other is punishable by six months to two years and a fine. Possession with intent to distribute for gain and trafficking is punishable by two to eight years at hard labor and a fine. Illicit cultivation, manufacture, or importing of these substances is punishable by eight to twelve years at hard labor and a fine.
Madagascar
A special law relating to the control of cannabis provides that the penalty for illicit possession, cul-tivation or trafficking is six months to five years in prison and/or a fine. Organized criminal traffickers receive "severe penalties" up to five years and a fine. Old laws based on the French Code control opium, coca, their derivatives and synthetic narcotic drugs.
Malawi
Cannabis, coca leaves, opium, their derivatives , and synthetic narcotic drugs are controlled.
The penalty for violating any provision of the law, including illicit possession, use, importing, exporting or trafficking is a fine and/or imprisonment for up to ten years.
Malaysia
The Dangerous Drugs Ordinance controls can-nabis, opium, coca leaves and their derivatives as schedule I dangerous drugs. Illicit possession of these drugs is punishable by up to five years in prison and/or a fine. Illegal use is punished by a fine and/ or up to two years in prison. Illicit importation, ex-portation, manufacture or trafficking of raw opium, coca leaves and cannabis is punishable by up to five years in prison and/or a fine. If other narcotic drugs are involved, the penalty is up to three years and/or a fine.
Mali
The French law controlling narcotics and danger-ous drugs has been retained in the current Health Code. Coca, opium, cannabis and their derivatives are controlled. The penalty for illegal use, possession, manufacture, importing, exporting or trafficking is a fine and/or three months to five years in prison. The penalty is doubled for cultivation or sale to a minor or an addict.
Malta
Cannabis, opium, coca leaves, their derivatives and synthetic narcotic drugs are controlled by the Dangerous Drugs Ordinance. The penalty for viola-tion of any prohibited act concerning these drugs is up to 12 months and/or a fine, if convicted in a magistrate's court. If convicted before a full court, however, the penalty may range up to ten years with or without hard labor and/or a fine.
Mauritania
The French law controlling narcotics and dan-gerous drugs has been retained in the current Health Code. Coca, opium, cannabis and their derivatives are controlled. The penalty for illegal use, possession, manufacture, importing, exporting or trafficking is a fine and/or three months to five years in prison. The penalty is doubled for cultivation or sale to a minor or an addict.
Mexico
The Public Health Law and the Penal Code of Mexico include as "narcotic drugs," opium, coca leaves, cannabis, their derivatives, synthetic narcotic drugs, stimulants, depressants, and hallucinogenic substances.
The possession by an "addict" of narcotics in a quantity which is rationally necessary for his per-sonal use is not a Federal crime. (Marihuana is con-sidered to be addictive.) However, security mea-sures may be applied to addicts which include treat-ment, hospitalization or reclusion as mentally ill, and it still remains illegal to buy or grow the sub-stances.
Possession of illegal plants, planting, cultivating or harvesting any narcotic plant is punishable by two to nine years in prison and a fine.
Possession (not by an addict), buying, manufac-ture or trafficking of narcotic drugs is punishable by from three to twelve years in prison and a fine.
Inducing or encouraging a minor to use drugs is penalized by from four to twelve years in prison and the fine.
Illegal importing or exporting of narcotic drugs is punishable by imprisonment from six to fifteen years and a fine.
Monaco
The Toxic Substances Law classes cannabis, opium, coca and their derivatives as "narcotic prod-ucts."
Illegal possession, use, trafficking, cultivation, manufacture, importing or exporting is punishable by three months to two years in prison and/or a fine. The court may deprive the defendant of his civil rights for one to five years.
Morroco
The Law provides that cannabis, coca, opium and their derivatives are classified as narcotic drugs. Il-legal possession, use, trafficking, importing or ex-porting is punishable by imprisonment from three months to five years and/or a fine, plus deprivation of civil rights. Illicit manufacture or sale to a minor is punishable by six months to ten years in prison and/or a fine.
Nepal
The Narcotic Substances Act includes cannabis, opium, their derivatives, and some alcoholic bever-ages as "narcotic substances." However, the Act provides that both cannabis and opium use are legal, providing the cultivation, production and sale are through taxed, licensed dealers.
Possession, trafficking, manufacture, cultivation,
production, importing, or exporting without a license is penalized by up to two years in prison and/or a fine.
Netherlands
An older law which controls all "narcotic drugs" (opium, cannabis, coca leaves and their derivatives) is still the law in the Netherlands. Currently, how-ever, the Dutch Parliament is considering recommen-dations for new drug laws. Existing law provides that illicit importing, exporting, manufacturing, posses-sion, use or trafficking of any narcotic drug, if com-mitted unintentionally, will be punished by no more than six months detention or a fine. If the act is committed intentionally, the penalty is up to four years in prison.
New Zealand
Cannabis, opium, coca leaf and their derivatives are classified as "narcotic drugs," while certain other drugs are controlled elsewhere as "non-dangerous drugs." Illicit possession or use of any of the narcotic drugs is punishable by up to three months in prison and/or a fine. Illegal possession with intent to dis-tribute is presumed if the accused possessed over 100 cannabis cigarettes, 1/2 gram of cocaine or heroin, 28 grams of cannabis or 5 grams of any other nar-cotic drug. The penalty is up to fourteen years in prison and a fine. Illegal importation, exportation, production, manufacture, cultivation or trafficking is also punishable by up to fourteen years and a fine.
Nicaragua
The Penal Code of Nicaragua controls marihuana and others belonging to cannabis species, as well as, opium, coca leaves, their derivatives and "other narcotics."
Possession of any of these substances is punish-able by three years imprisonment. Importing, ex-porting, manufacturing, cultivating or trafficking is punished by five years in prison.
Anyone found under the influence of drugs, or who confesses or proves to be a drug addict is punished with an incommutable 60 to 180 days of confinement in an isolated cell where he can receive adequate medical treatment.
Niger
The French law controlling narcotics and dan-gerous drugs has been retained in the current Health Code. Coca, opium, cannabis and their derivatives are controlled. The penalty for illegal use, possession, manufacture, importing, exporting or trafficking is a fine and/or three months to five years in prison. The penalty is doubled for cultivation or sale to a minor or an addict.
Nigeria
Cannabis, opium, coca leaves, their derivatives and other narcotic drugs are classed as dangerous drugs. However, cannabis is given special treatment under the law by the Indian Hemp Decree.
For simple possession or exportation of cannabis, the penalty is not less than ten years. Illegal impor-tation or trafficking in cannabis is punished by death or not less than fifteen years; and illicit cultivation of cannabis receives either death or not less than twenty-one years.
Simple possession of other dangerous drugs is punishable by up to ten years in prison and/or a fine. Illegal importation, exportation, trafficking or cultivation of any other dangerous drug is also punishable by up to ten years in prison and/or a fine.
Under a special decree of 1968, illegal importation of amphetamines is punishable by one year in prison or a fine.
Special penalties are available for youthful viola-tors. Males under the age of 19 charged with any drug offense must be caned or whipped for up to 49 strokes unless the judge finds strong reasons not to impose the penalty. If the punishment is over 12 strokes, the penalty is imposed in installments of up to seven strokes on successive days.
Norway
The Norwegian Penal Code and Narcotics law provides that cannabis, coca leaves, opium, their derivatives and synthetic narcotic drugs are con-trolled as narcotics.
Illicit possession, use, trafficking, importing, ex-porting or manufacturing is punishable by up to two years in prison and/or a fine. However, if the illegal act (including possession) was committed with the intent to sell the narcotic for a substantial profit, or to a large number of persons, the penalty is up to six years in prison and fines of any amount set by the court.
Pakistan
The Pakistan law controls coca, opium, cannabis and their derivatives. The penalty for illegal posses-sion, trafficking, manufacture, cultivation, importing or exporting of any of these substances is up to two years in prison and/or a fine. In some instances, whipping may be imposed.
Panama
The law controls cannabis, opium, coca, their derivatives and synthetic narcotic substances. The illegal use of any of these drugs is punishable by internment by the Department of Health for as long as may be necessary for their recuperation. Illegal trafficking, receiving, importing or exporting is pun-ishable by from five to eight years in prison. Illicit cultivation of cannabis or opium is punishable bi five to ten years incarceration.
Paraguay
Paraguay has very recently enacted a new drug law, Narcotics Law No. 357 of 1972. It provides that narcotic and dangerous drugs, both natural and synthetic, are controlled. This includes cannabis, opium, coca, and their derivatives, synthetic nar-cotics, LSD, amphetamines, barbiturates and other dangerous drugs.
The illegal possession of these dangerous drugs is punishable by from one to five years in prison. However, a drug addict who possesses a mini-mal amount for his own use may be interned for treatment and rehabilitation rather than criminally punished.
Trafficking, distribution or cultivation of danger-ous drugs may be penalized by from one to five years in prison. However, distribution to a minor is punishable from two to eight years in prison.
Illegal importation or exportation of these sub-stances is punishable by two to twelve years in prison.
Peru
The Peruvian Decree Law Number 1105 of 1949 includes cannabis, opium, coca, their derivatives and synthetic narcotic drugs as "narcotics." 1972 amendments have included hallucinatory substances. The penalty for use, possession, manufacture, pro-duction, importing, exporting or trafficking of any controlled substances is imprisonment from two to fifteen years and a fine, with no probation or com-mutation of sentence permitted.
Phillipines
A new Dangerous Drug Act of 1972 controls as "regulated drugs" the barbiturates, amphetamines and tranquilizers. "Prohibited drugs" include opium, coca, cannabis, their derivatives, and LSD.
Illegal possession or use of "regulated drugs" is punishable by imprisonment for six months to four years and a fine. Illegal trafficking, distribution or importing of these substances is punished by six to twelve years in prison and a fine. Illicit possession or use of "prohibited drugs" is penalized by six to twelve years in prison and a fine. Illegal importation or cultivation of these drugs is punishable by fourteen years to life imprisonment and a fine. Illegal trafficking, transportation or dis-tribution of these drugs may receive twelve years to twenty years imprisonment and a fine. Illicit manu-facture or any trafficking which causes death will be punished by a penalty of life imprisonment to death and a fine.
The law provides for exemption from criminal penalties for drug dependent persons who volun-tarily submit themselves for confinement and treat-ment. It also provides that a drug dependent who is arrested be committed to a center for treatment and rehabilitation.
Poland
The Polish law controls cannabis, opium, coca, their derivatives and synthetic narcotic drugs, class-ing them all as "narcotic drugs." Illegal possession or use of these drugs is punishable by up to three months detention and/or a fine. Use in the presence of another person may receive up to one year and/or a fine. For illegal manufacture, production, import, export or trafficking a narcotic drug, the penalty is prison for up to five years and a fine.
Portugal
The Decree Law of 1970 provides control of can-nabis, opium, coca, their derivatives, synthetic nar-cotic drugs and a number of hallucinogens.
The penalty for illicit use or possession of any of these substances is six months to two years in prison and a fine. For illegal production, importing, export-ing, manufacture, preparation, cultivation, purchase or trafficking of any of these substances, the penalty is two to eight years in prison and a fine.
Rhodesia
The Rhodesian law controls stimulants (amphet-amines), depressants (barbiturates), hallucinogenics and tranquilizers under the Drug Control Act. Coca, cannabis, opium, their derivatives and synthetic nar-cotic substances are controlled by the Dangerous Drugs Act.
For illicit possession or trafficking of the psycho-tropic substances controlled by the Drugs Control Act, the penalty is a fine or imprisonment for up to .ix months.
For illegal use, possession, importation, exporta-tion or trafficking of any of the narcotic or dangerous substances controlled by the Dangerous Drug Act, the penalty is a fine and/or imprisonment for up to ten years. If the offense involves distribution to a minor, supplying drugs to other persons, manufac-turing, or cultivation, the punishment is a fine and/or ten years in prison and a whipping of up to ten strokes.
Romania
The Narcotic Drug Regulations control cannabis, opium, coca, their derivatives and synthetic narcotic drugs. The penalty for illegal possession, production, manufacture, importation, exportation, cultivation or trafficking is punished by imprisonment for six months to five years plus a fine.
San Marino
The 1956 law of San Marino does not specifically include cannabis in its list of Narcotic Drugs, which is based on the 1931 convention, however, the law also refers to other decrees which probably include cannabis as a narcotic substance. The penalty for illicit possession, use, importing, exporting or traf-ficking narcotic substances is three to eight years in prison and a fine.
Saudi Arabia
Cannabis and "narcotics" are controlled as pro-hibited drugs. The penalty for illegal use of these drugs is two years imprisonment and a public rep-rimand. For illegal possession or trafficking, the penalty is five years in prison and a fine. For illegal importation or exportation (smuggling) the penalty is fifteen years in prison and a fine.
Senegal
Law No. 72-24 of 1972 and a narcotic law of 1966 include cannabis, opium, coca and their de-rivatives as narcotics. The penalty for illegal use of these substances is imprisonment for one month to one year and/or a fine. Illicit possession, produc-tion, importation, exportation, manufacture or traf-ficking is punishable by imprisonment for three months to five years and/or a fine. Distribution to a minor is punishable by a double penalty.
Sierre Leone
Cannabis, opium, coca and their derivatives are controlled by the dangerous drug laws. For illegal possession, production, manufacture, importation, exportation or trafficking of these substances, a lower court, on summary conviction, may impose imprison-ment for up to one year and/or a fine. If the con-viction is in a higher court, the prison term may extend to ten years and/or a fine.
Singapore
Coca, opium, cannabis, their derivatives and syn-thetic narcotic drugs are regulated by the Dangerous Drug Ordinance. The illegal smoking of opium or cannabis is punishable by a fine and/or up to one year in prison. The illegal administration or use of any other drug is punishable by a fine and/or up to three years in prison. Illicit possession of prepared narcotic drugs (including heroin) may receive a fine and/or up to four years in prison. Possession of raw opium, coca leaves or cannabis is punished by a fine and/or up to five years in prison.
The illegal importation, exportation, cultivation or trafficking of prepared narcotics is punishable by up to three years and/or a fine; of raw opium, coca leaves or cannabis, up to five years and/or a fine.
Somalia
Under Act No. 46 of 1970, cannabis, opium, coca and their derivatives are controlled along with addi-tional dangerous drugs which the Health Department adds to the list as necessary.
For illegal cultivation of the plants which produce the controlled substances, the penalty is rigorous imprisonment for six months to two years and a fine.
For illegal possession, acquisition, sale, importa-tion, exportation, manufacture or trafficking, the penalty is rigorous imprisonment for two years to seven years and a fine.
South Africa
A new law, the Abuse of Dependence—Producing Substances and Rehabilitation Centers Act of 1971, controls dependence-producing drugs in three pri-mary categories. "Potentially dangerous" drugs in-clude the barbiturates and tranquilizers "Dangerous" dependence-producing drugs include amphetamines, cocaine, medicimal opium derivatives and synthetic narcotic drugs. "Prohibited" dependence-producing drugs include amphetamines, cannabis, coca, heroin, LSD and other hallucinogenics.
Illegal possession of the "potentially dangerous" drugs is punished by up to five years in prison; while importing, exporting, manufacturing, production, possession with intent to distribute, or trafficking is punishable by up to ten years in prison.
Illegal possession of any "prohibited" or "dan-gerous" drugs is punishable by not less than two years to ten years in prison. Illicit manufacture, cul-tivation, importation, exportation, cultivation, pos-session with intent to distribute or trafficking of "prohibited" or "dangerous" substances is punish-able by a compulsory prison sentence of from five to fifteen years in prison. A second conviction may be punished by from ten to twenty-five years.
Persons determined to be dependent on depen-dence-producing drugs may be sent to a rehabilita-tion center.
Spain
Coca, opium, cannabis, their derivatives and syn-thetic narcotic drugs are controlled. To some extent, amphetamines, barbiturates, tranquilizers and the hallucinogenic substances are also regulated. Viola-tions are set out in the Spanish Penal Code, as re-vised in 1971. In addition, any illegal acts involving cann'abis, coca or narcotic drugs constitute "smug-gling" and may be penalized under the Anti-smug-gling Act.
Persons caught using or in possession of illegal drugs may be placed in confinement for treatment for from four months to three years.
Illegal trafficking or possession with intent to dis-tribute any of these drugs is punishable by six months to six years in prison and a fine.
Sudan
The law of the Sudan controls cannabis, opium, barbiturates and certain other "medicinal" sub-stances.
The penalty for illicit use, possession, manufac-ture, cultivation and trafficking of these drugs is up to seven years in prison and/or a fine.
Swaziland
Opium, coca, cannabis, their derivatives and syn-thetic narcotic drugs are controlled. Illegal import-ing, exporting, production, manufacture, cultivation, use, possession or trafficking of these substances is punishable by imprisonment for up to three years with or without hard labor and/or a fine.
Sweden
Cannabis, coca, opium, their derivatives, synthetic narcotic drugs and other dangerous drugs are con-trolled under the Swedish Penal Code on Narcotics of 1968.
Illegal possession, production or trafficking of these substances is punishable, if the offense is minor, by a fine. If the offense is not minor, the penalty is a fine or imprisonment for up to two years, and if the offense is aggravated, the penalty is imprison-ment for one to six years. The judge considers the nature of the drug involved, the quantities, and elements of a conspiracy when determining the severity of the offense.
Smuggling a narcotic drug is punishable by from six months to four years in prison.
Switzerland
The Swiss Federal law on Narcotics controls can-nabis, opium, coca, their derivatives and synthetic narcotic drugs. Addicts who are convicted of a criminal act will be placed in an institution for treatment for at least two years. Otherwise, illegal possession, cultivation, manufacture, importation, exportation, production or trafficking is punishable, if committed not for gain, by up to two years in prison and/or a fine. If committed for gain, the penalty may be up to five years in prison.
Syria
The Syrian drug law controls cannabis, opium, coca, their derivatives, and synthetic narcotic drugs. Possession or cultivation of cannabis for one's own personal consumption shall be punished by imprison-ment for 10 days to three years and a fine. Possession of cannabis for distribution, possession of any other "narcotic drug," production, cultivation, or traffic-king is punishable by imprisonment for a term of three to fifteen years at hard labor or life imprison-ment, and a fine. Illegal manufacturing, importing, or exporting is punishable by forced labor for life and a fine.
Tanzania
The Dangerous Drug Act controls cannabis, opium, coca, and their derivatives. For illegal pos-session, production, importation, exportation or traf-ficking of these substances, the penalty, when im-posed by a subordinate court, is prison for up to one year and/or a fine. If the conviction is in a higher court, the penalty may be up to ten years in prison and/or a fine.
Thailand
Through several laws, Thailand controls cannabis, opium, coca, their derivatives, synthetic narcotic drugs, stimulants (such as amphetamines) depres-sants (such as barbiturates), hallucinogenics (such as LSD) and tranquilizers.
Cannabis is controlled under the older Cannabis Act and in the Harmful Habit Forming Drug Act, along with certain opium and cocoa derivatives, LSD, methamphetamine, and synthetic narcotic drugs. The penalty for illicit possession, purchase or receiving of these drugs is three months to five years in prison and a fine; for illegal use: six months to ten years and a fine. Illegal cultivation, importation, exportation, possession for distribution, manufacture or trafficking is punishable by six months to ten years in prison and a fine.
Morphine and cocaine are treated separately for penalty purposes. Possession, receiving or purchasing illegally is punishable by six months to ten years in prison and a fine; illicit use by one year to ten years in prison and a fine. Illegal cultivation, manufacture, importing, exporting, possession for distribution or trafficking is punishable by from one to twenty years in prison and a fine.
Illegal possession of heroin may be punished by a fine and from one to ten years in prison; illegal use by two to ten years and a fine. Illicit production, manufacture, possession with intent to distribute or trafficking of heroin is punishable by five years to life in prison and a fine. Illegal importation, exporta-tion or trafficking for the purpose of resale is punish-able by death.
Opium in its raw form or prepared opium is con-trolled under a special law. Illicit possession, receiv-ing or use is punishable by a fine and a prison term of from six months to twenty years. Illicit use may be punished by six months to ten years and a fine. Illegal cultivation, production, manufacture, posses-sion with intent to distribute, importation, exporta-tion or trafficking is punishable by' a fine and imprisonment from six months to twenty years.
The "specially controlled drugs" such as amphet-amines, barbiturates, hallucinogenics (although some are controlled along with cannabis) and tranquilizers are controlled under the Drug Act of 1967. Pro-duction, importation or trafficking of these sub-stances without a license is punishable by prison for up to five years and a fine.
Togo
Cannabis, opium, coca, their derivatives, and syn-thetic narcotic drugs are controlled as narcotic drugs. Certain regulations govern the psychotropic sub-stances (stimulants, depressants, hallucinogenics, and tranquilizers). For possession, use in public, impor-tation, exportation, manufacture, production or traf-ficking of the narcotic drugs is punishable by a fine and/or a prison term of three months to two years.
Trinidad and Tobago
Cannabis, coca, opium, their derivatives and syn-thetic narcotic drugs are regulated by law. Illegal possession of any of these substances is punishable, upon summary conviction, by six months to eighteen months in prison. If convicted on indictment, the penalty is six months to seven years.
For illicit cultivation, harvesting or production of opium, cannabis or coca, the penalty on summary conviction is a mandatory eighteen months in prison. If convicted on indictment, the penalty is seven years.
For possession with intent to distribute, importing, exporting or trafficking of any of the controlled drugs, the penalty is a mandatory fourteen years.
Tunisia
Coca, opium, cannabis, their derivatives and syn-thetic narcotic drugs are controlled by law. The penalty for illicit possession, use, importing, export-ing, manufacture, cultivation, production or traffic-king is one to five years in prison and a fine.
Turkey
The Turkish law controls cannabis, opium, coca, their derivatives and synthetic narcotic drugs.
Use of any of these substances is punishable by three to five years in prison and a fine. Addicts will be hospitalized under police supervision until cured.
Illegal possession or trafficking in narcotics is punishable by not less than ten years in prison plus a possible banishment for two to five years to a re-mote part of the country, plus a fine. If the drug involved is hashish, heroin, cocaine or morphine, the penalty is not less than ten years plus not less than three years banishment and a heavier fine.
Illicit manufacture, import, or export of narcotics is punished by not less than ten years imprisonment plus possible banishment for three to five years and a heavy fine. If the drug involved is hashish, heroin, cocaine or morphine, the penalty is life imprison-ment.
Conspiracy by two or more persons to commit these offenses is punishable by death.
Uganda
The Dangerous Drugs Act controls cannabis, coca, opium and their derivatives. Any person who uses, possesses, manufactures, prepares, produces, im-ports, exports or traffics any of these substances may be penalized, on conviction by a magistrate or sub-ordinate court, by a fine and/or imprisonment not exceeding one year. If convicted by a higher court, the penalty is a fine and/or imprisonment for up to ten years.
Union of Soviet Socialist Republics
The laws of the Soviet Union control cannabis,
opium, coca, their derivatives and synthetic narcotic drugs as "narcotics." Illicit manufacture, possession, importation, exportation or trafficking is punishable by up to ten years in prison. Cultivation of opium or cannabis is punishable by up to two years in prison.
A recently enacted law provides for compulsory commitment of addicts to rehabilitation centers for up to two years or longer if uncooperative.
United Kingdom
The Misuse of Drugs Act of 1971 controls certain abusable substances in three classes. Class C includes certain depressants and tranquilizers. Class B in-cludes, among others, cannabis, amphetamine, and codeine. Class A includes certain opium derivatives, coca and cocaine, poppy-straw, LSD, mescaline, and synthetic narcotic drugs.
Illegal possession of a Class C drug is punishable on summary conviction by up to six months in jail and/or a fine; if convicted on indictment the penalty is up to two years and/or a fine. Illicit importation, exportation, production, manufacture or trafficking of these drugs is punishable on summary conviction by up to six months in prison and/or a fine; on con-viction by indictment, up to five years in prison and/ or a fine.
Illegal possession of a Class B drug is punishable on summary conviction by up to six months in prison and/or a fine; on conviction by indictment, up to five years in prison and/or a fine. Illicit cul-tivation of cannabis or other Class B drugs or their production, manufacture, importation, exportation or trafficking may be punished on summary con-viction by up to twelve months and/or a fine; and on conviction by indictment by up to fourteen years and/or a fine.
The illegal possession of a Class A drug, on sum-mary conviction, is punishable by up to twelve months in prison and/or a fine; on conviction by indictment, up to seven years in prison and/or a fine. Illegal cultivation of cannabis or production, manu-facture, importation, exportation or trafficking of Class A substances is punishable on summary con-viction by up to twelve months and/or a fine; and on conviction by indictment by up to fourteen years and/or a fine.
All offenses relating to opium may be punished, on summary conviction, by up to twelve months in prison and/or a fine. If convicted on indictment, the penalty is a fine and/or fourteen years.
United States
The Controlled Substances Act lists substances in five schedules. Schedule V lists medical preparations, such as codeine cough syrups. Schedule IV contains long-acting barbiturates and tranquilizers. Schedule III lists some barbiturates and certain narcotic drugs. Schedule II includes medically useful derivatives of opium and coca, synthetic narcotic drugs, and the amphetamines. Schedule I includes drugs which have no accepted medical use in the U.S., including heroin, other opium derivatives, opiates, and hallucinogens, such as LSD, mescaline, peyote and marihuana (cannabis).
The penalty for simple possession of any con-trolled substance and for the distribution of small amounts of marihuana for no remuneration is a misdeameanor: up to one year in prison and/or a fine.
Illegal distribution, manufacture and production of Schedule V substances is punishable by up to one year and/or a fine. Illicit importation or exportation of these substances may result in imprisonment for up to five years, and a fine.
Illegal distribution, manufacture and production of Schedule IV substances may be penalized by up to three years in prison and/or a fine. Illegal im-porting or exporting of these substances is punish-able by up to five years in prison and/or a fine.
Illegal distribution, manufacture, production, im-porting and exporting of Schedule III substances is punishable by up to five years in prison and/or a fine.
Persons who illegally distribute, manufacture, pro-duce, import or export nonnarcotic Schedule II sub-stances may be punished by up to five years in prison and/or a fine. Committing those same viola-tions with a narcotic Schedule II substance is punish-able by up to 15 years in prison and/or a fine.
Persons who illegally distribute, manufacture, produce, import or export Schedule I nonnarcotic substances may be punished by up to five years in prison and/or a fine. The same offenses committed involving narcotic Schedule I substances may be punished by up to 15 years and/or a fine.
Possession with intent to illegally distribute, manu-facture, produce, import or export is subject to the same penalty as if the possessor had committed the act intended.
The maximum penalty available is doubled for second convictions or for illicit distribution to minors.
Uruguay
Opium, coca, cannabis and their derivatives are controlled under the Health Code and the Penal Code. The penalty for illicit use, possession, im-portation, exportation or trafficking of any of these substances may be imprisonment from six months to five years.
A new drug law is currently under consideration which would include other drugs and increase criminal penalties.
Venezuela
Cannabis, opium, coca leaves, their derivatives and synthetic narcotic drugs are controlled under the Penal Code and the Narcotic Drugs Law. The penalty for illicit possession, manufacture, import-ing, exporting or trafficking these substances is four to eight years in prison. If a death results from the commission of any of these acts, the penalty is doubled.
Upper Volta
The French law controlling narcotics and dangerous drugs has been retained in the current Health Code. Coca, opium, cannabis and their derivatives are controlled. The penalty for illegal use, posses-sion, manufacture, importing, exporting or trafficking is a fine and/or three months to five years in prison. The penalty is doubled for cultivation or sale to a minor or an addict.-
Vietnam, South
A new drug law, the Decree-Law on Narcotics and Dangerous Drugs, was promulgated in 1972. It categorizes drugs in three lists: (a) toxic substances; (b) narcotics and (c) dangerous substances. The lists control barbiturates and other depressants, am-phetamines and other stimulants, hallucinogenic substances, cannabis, opium, coca, their derivatives and synthetic narcotics.
The illegal use of amphetamines and barbiturates is punishable by three months to three years im-prisonment and a fine. The illegal possession, traf-ficking, manufacture, importing or exporting of these substances may be punished by one to five years in prison and a fine.
Consumption of hallucinogenic substances such as LSD or Mescaline is punishable by one to five years in prison and a fine. Possegsion, trafficking, manu-facturing, importing or exporting these substances illegally will be punished by "penal servitude for a term of years." If the action was taken as part of a conspiracy, the period to be served will be life.
Illicit use of cannabis, coca, opium or other nar-cotics is punished by one to five years in prison and a fine. The illegal possession, cultivation, manufac-ture, importation or exportation of cannabis or nar-cotic substances not listed below is punishable by solitary confinement in prison for a term. If the of-fenses involve opium, morphine, heroin, cocaine or pethidine the penalty will be penal servitude for life. Any such offense performed as part of an association of violators (conspiracy) will be punished by death.
No sentences under the new law may be sus-pended.
Persons who are diagnosed as addicts are com-mitted to compulsory treatment.
Western Samoa
Cannabis, coca, opium and their derivatives are controlled. The penalty for possession of any of these substances is up to seven years in prison. If the substance possessed was illegally imported, two additional years imprisonment may be imposed. For illicit production, manufacture or trafficking of these substances, the penalty is up to fourteen years in prison.
Yugoslavia
The Narcotic Drugs law controls cannabis, opium, coca, their derivatives and synthetic narcotic drugs. The penalty for illicit possession of any of these substances may be imprisoned for up to thirty days in jail. Illegal production, manufacture, purchase or trafficking of these drugs is punishable by three months to three years in prison. If the act is com-mitted in conspiracy with others, or as an occupation, the penalty is rigorous imprisonment for six months to five years. Illicit importing or exporting is punish-able by up to three years in prison.
Zambia
Cannabis, coca leaves, opium, their derivatives and synthetic narcotic drugs are controlled.
The penalty for violating any provision of the law, including illicit possession, use, importing, ex-porting or trafficking is a fine and/or imprisonment for up to ten years.
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