| Section no. & sub – clauses |
Provision in the “Narcotic Drugs, Psychotropic Substances and Substance Abuse Act 2005” |
| 3 |
Classification of Drugs, Precursors and Controlled Substances:
Each of the plants drugs and substances to which this Act applies is classified by the Schedule in which it appears under its international non–proprietary name of lacking such a name under its scientific name. |
| 4 |
Different measure of control are specified in this Act for different plants, drugs and substances according to the classification so adopted to ensure that drugs are available exclusively of medical, veterinary and scientific purpose with the strictest measure being applied in relating to those listed in Schedule I less strict measure in relating to those listed in Schedule II and the least strict in relating to those listed in Schedule III. |
| 5 |
Each of the precursor to this Act applies is classified by the table of Schedule IV in which it appears. |
| 6 |
Schedule V includes other substances, which are liable for abuse but do not fall under international control. The board may issue directives as to the measure of control applicable to the substances. |
| 7 |
Preparations:
Preparation shall be subject to the same measures of control under this act as the drugs of abuse or controlled chemicals they contain, and where any preparation contains two or more constituent drugs of abuse it shall be subject to the measures governing the most strictly controlled constituent |
| 8 |
License:
The cultivation, production, manufacture, wholesale and retail trading and distribution, import, export and use of the plants substances and preparations listed in Schedules II and III shall be prohibited to any establishment or on any premises not expressly licensed for that purpose. |
| 9 |
International Trade:
Only private enterprise holding the licensed laid down in section 8 and especially designated public or Government enterprise using establishment and premise licensed pursuant to section 8 shall engage in import or export in the plants, substances and preparation listed un Schedule II and III |
| 10 |
All the exports and imports shall be subject to separate authorization by the competent authority. The authorization shall not be transferable. |
| 11 |
The transit of any consignment of plants substances or preparation listed in Schedules II and III through Bhutan shall be prohibited, whether or not the consignment is removed from the convey in which it is carried unless a copy of the export authorization for consignment is produced to the competent authorities. |
| 12 |
Any free port or free trade zones shall be subject to the same conditions and supervision as elsewhere in Bhutan. |
| 13 |
Licit Possession and Use:
The possession for any purpose of the plants substances and preparation listed in Schedule II and III shall be prohibited accepts as authorized by this Act made there under or any other laws in force. |
| 14 |
Any person and any enterprise holding for professional purpose any plants substances and preparations listed Schedule II and III shall be required to keep them under the conditions to be laid down by the competent authority so as to prevent theft or any other diversion. |
| 15 |
Advertising:
Any advertising of substances and preparation listed Schedules II and III shall be prohibited except with the written approval of the competent authority in scientific of profession publication aimed at researchers or health professionals. |
| 16 |
The distribution or dispensing to individuals of samples of substances or preparation listed in Schedule II and III shall be prohibited. |
| 17 |
Precursors:
The manufacture wholesale trading or distribution and import or export of substances listed in Schedule IV shall be subject to the provision of this chapter and the Rules and Regulations. |
| 18 |
Manufacturers, importers, exporters, wholesalers and retailers shall maintain a register containing particulars of acquisition or transfers of substances listed in Schedule IV. |
| 19 |
Manufacturers, importers, exporters wholesalers and retailers shall be required to notify the competent authority of a suspect order or operation especially as regards of quantities of the substances purchase or ordered the repetition of such orders and purchase of the modes of payment or transport used. |
| 20 |
An export or import authorization shall be denied if there are reasonable grounds to suspect that the consignment is destined for the illicit manufacture of narcotic drugs or psychotropic substances. |
| 21 |
Medical and Scientific Research and Teaching:
For purposes of medical or scientific research teaching forensic work the competent authority may without requesting the licenses referred on section 8, authorize and individual to produce, manufacture, acquire, import use or hold plants, substances and preparations listed in Schedules I, II and III quantities not exceeding those strictly required for the purpose in question. |
| 22 |
Records:
The beneficiary of the authorization shall enter in a register, which he shall keep for five years the quantities of plants substances and preparation that he imports acquires manufactures uses and destroy. He shall also enter the dates of the operations and the names of his supplier .He shall furnish the competent authority with an annual report on the same quantities used or destroyed and those held in stock. |
| 23 |
Statistical Returns:
Private and Government enterprise engaged in operation involving the plants, substances and preparations covered by this Act shall furnish to the competent authority statistical returns as prescribed in respect of their activities. |
| 24 |
Estimates:
The persons and enterprises referred in section 23 shall be required, at the beginning of each year, to make an inventory of the plants, substances and preparations listed in Schedules II and III held by them and to compare the total quantities in stock at the time of the previous inventory, calculated together with those entered over the previous year and the total quantities withdrawn during this year, with those held at the time of the latest inventory. |
| 25 |
Reports:
The Bhutan Narcotic Control Agency shall submit reports as and when required to the relevant agencies including International Narcotic Control Board (INCB). |
| 26 |
Inspections:
Any person, private or public enterprise, Government enterprise, medical institution or scientific institute engaging in any activity of operation involving plants substances or preparations covered by this Act shall be controlled and monitored by the competent authority, who shall, in particular, arrange for inspectors to make ordinary inspections of the establishments, premise, stocks and records at least once every two years and extraordinary inspections at any time. |
| 27 |
Such control, monitoring and inspections shall extent to the compartments containing the first–aid kits of public transport conveyances engaged in international travel |
| 28 |
When it becomes apparent before, during or after an inspection that a criminal offences against this Act or the Penal Code of Bhutan may have been Committed, inspectors shall report the mater to the Royal Bhutan Police. |
| 29 |
Authorised officers may enter premises, make seizures and take samples wherever the operations referred to in this section are being carried out and such operations may be carried out in accordance with the Civil and Criminal Procedure Code of Bhutan. |
| 30 |
Persons, enterprise or establishments involved must provide the inspectors and the Royal Bhutan Police with all necessary assistance in carrying out their duties, in particular by facilitating the inspection of their professional premises and of all documents relating to their professional activities. |
| 31 |
Special provisions:
Carriage of limited quantities, as specified in the Rules and Regulations by any international conveyance in the First–Aid Kits and for emergencies shall not be considered as a contravention under the provisions of this Act. |
| 32 |
Exceptionally, and notwithstanding any provision of this Act. The board may authorize import of narcotic drugs and psychotropic substances to meet a public emergency. |
| 33 |
The possession by international traveler of patients of small quantities of preparations containing narcotic drugs and psychotropic substances for personnel use shall be permitted, provided that it is established that the preparations have been obtained under prescription from a registered and qualified medical practitioner and do not exceed the quantity mentioned in the prescription. |
| 34 |
Use of controlled substances in industry for purpose other than medical or scientific is permitted provided that the licensee; |
| a) |
Ensure by appropriated methods of denaturing or by other means that the drugs so used are not liable to be abused or have ill effects and that the harmful substances cannot in practice be recovered; and |
| b) |
Includes in the statistical information furnished by them amount of each drug so used. |
| 35 |
Educational measures:
The Royal government shall ensure that individual citizen particularly young people are: |
| a) |
Informed and educated on the dangers of substances abuse through traditional institutions of family, educational institutions, local and religious community, as well as through effective awareness campaigns. |
| b) |
Provided with preventive support and protection through those institutions. |
| c) |
Provided with life skills educations so they can better understand themselves and choose against drug abuse including through religious and moral education programmes. |
| d) |
Enable to reduce the risk of drugs abuse through early detection and counseling services. |
| e) |
Provided with alternative recreational activities and other useful vocational opportunities to promote social integration. |
| 36 |
Treatment and rehabilitation
Early Detection and Diagnosis:
The Board Shall ensure the establishment institutions with adequate and appropriate facilities for early detection of drugs users with special focus on high–risk individuals. These institutions may includes mobile camps and out–reach services with appropriate testing facilities. |
| 37 |
Treatment and Rehabilitation:
The Board shall ensure the establishment of institutions with adequate and appropriate facilities for treatment and rehabilitation services for drug dependent persons and users as approved treatment centers for the purposes of this Act. The quality and range of services offered by such institutions shall be reviewed from time to time by a committee constituted by the Board for the purpose. |
| 38 |
The board shall ensure the provision for treatment, rehabilitation and social reintegration of drug dependent persons. Such provision shall include psychotropic interventions, counseling and detoxification. |
| 39 |
The Board shall ensure staffing of such institutions with adequate and appropriate personnel to deliver quality services and care. |
| 40 |
The Board shall establish a treatment assessment panel for the purpose of this Act. The panel shall consist of at least 3 persons appointed by the Board of which one shall have legal qualifications and experience and the others knowledge of the medical, psychosocial and other problems connected with drug abuse and addiction. |
| 41 |
The board shall constitute committees to maintain quality, standard and range of services offered by such institutions and these shall be reviewed from time to time for effective delivery of services. |
| 42 |
Voluntary Submission for Treatment:
Notwithstanding section 161 of the Civil and Criminal Procedure Code of Bhutan, any person who has committed an offence only against section 500 of he Penal Code of Bhutan shall not be prosecuted for that offence or identified to the public, provided the person voluntarily present to an approved treatment center before being arrested or charged f or that offence and then undertakes and successfully completes the treatment without committing any further offence. |
| 43 |
Treatment Charged Only for Possession for Personal use:
Notwithstanding section 202 of the Civil and Criminal Procedure Code of Bhutan, where a person has been charged only with and offence against section 500 of the Penal Code of Bhutan, the court before which the person has been charged shall as soon as practicable after arrest, order the person to report to an approved treatment center. If the person undertakes and successfully completes the treatment without committing any further offence, the court may allow the prosecution to be withdrawn. |
| 44 |
Treatment, if Charged with Other Offences:
Where the court finds any offence other than an offence against section500 of the Penal Code of Bhutan proved against any person and the court considers that the person may have been under the influence of a narcotic drug or psychotropic substances at the time of the offence or motivated to commit the offence by a desire either to use the substances or obtain resources to enable its use the court may order that the person submit for assessment by a treatment assessment pane designated by the Court and comprising such member as prescribed by Rules and Regulations . |
| 45 |
Where the panel recommends that the person undergo treatment at an approved treatment center, the Court may order that the persons, during two years of such shorter period as the Court may specify, submit himself or herself to the treatment specified in the order, or for the other treatment as directed from time to time by he panel .The Court may specify conditions relating to the supervision of the person, including attendance before a panel for review and evaluation of treatment and progress. |
| 46 |
Suspension from Penal Sanctions:
Where an order has been made under section 44 and the person promised to undertake and complete the treatment, the Court may at the same time also order that any or all penalties and sanctions imposed in respect or the offence be suspended. |
| 47 |
Discharge of Penal Sanctions:
Where a person completes treatment ordered under section 44 to the satisfaction of a panel and commits no further offence of any description within two years from the date of his or her conviction, any penalties or sanctions made by the Court in respect of the offence may be discharged by order if Court is satisfied that it is in the public interest to make such an order. The Court shall not make such an order unless it is also satisfied, following consideration of the report of a panel, that the person is fit to return to everyday responsibilities and functions. |
| 48 |
Revocation of Suspension Orders:
Where the person does not complete the course of treatment as ordered to the satisfaction of the panel, the Court may on the recommendation of the panel, revoke the order of suspension made under section 46. |
| 49 |
In that event, time spent in treatment shall count as time towards the discharge of any relevant penalty or sanction orders made under this or any other law. |
| 50 |
Offences in Relating to Treatment Orders:
Any person who, without reasonable excuse refuses or fails or comply with a treatment order, to inform the person in charge of a treatment center attended by the person pursuant to such an order of any change in the person’s address, to appear before a panel as ordered, or to attend a treatment center for assessment or treatment as ordered, commits an offence. |
| 51 |
A drug dependent person who submits voluntarily and released temporarily from center, shall be provided with after care, follow–up treatment and supervision. |
| 52 |
This Act shall considering a drug dependent person as a victim of unfortunate circumstances be provided with the option to avail treatment, rehabilitation and social reform or criminal charges and confinement. |
| 53 |
A drug dependent person who escapes and recommits an offence for the second time shall be put to stricter charges and confinement. |
| 58 |
Legal Custody:
A drug dependent person or drug user shall be deemed to be in legal custody: |
| a) |
While he is confined in or is being taken to or from, an approved institution; |
| b) |
While he is for any other reason outside an approved institution; or |
| c) |
While he is being taken to any place to which he required or authorized under this Act to be taken, or is kept in custody in pursuance of any such requirement or authorization |
| 70 |
Enforcement measures.
Search, Seizure. Arrest and Detention:
Any authorized official shall have the powers to search, seize, arrest and detain in accordance with the provision of the Civil and Criminal Procedure Code of Bhutan in respect of offences against this Act and relevant offences of the Penal Code of Bhutan. |
| 71 |
No woman shall be searched under this Act except by a woman and if that is impossible, in the presence of a woman. |
| 72 |
Sample–Taking of Seized Substances:
Samples shall be taken by the authorized officials of any seized substances as prescribed under the Rules and Regulations. The authorized officials shall ensure that all materials evidence relating to the seizure is collected and processed, and that all times of evidentiary value are stored in secure and appropriate conditions for the prevention of loss, theft or any other form of misappropriation. |
| 73 |
Confiscation:
The Court may order confiscation of any property derived directly or indirectly through the commission a criminal offence against this Act or a relevant offence in the Penal Code of Bhutan and of any instrumentality used in the commission of such offence. |
| 74 |
Forfeiture:
The Court may order the forfeiture of any property, which has been seized if it is satisfied that the property directly or indirectly represents any person’s proceeds or is intended by any person for use in illicit trafficking. |
| 75 |
In case of forfeiture of property seized under this Act, the forfeiture officer shall forthwith give notice in writing of the forfeiture to the owner. However, the notice shall not be required to be given when forfeiture is made in presence of the offender or the owner or his agent, or in case of conveyances in presence of the owner, master, captain or driver thereof. |
| 76 |
Any person having an interest in any property ordered to be forfeited under section 74 may apply to he Court within 49 days of the giving of notice under section 75 for an order discharging or varying the forfeiture order to protect his interest in the property. The Court may make such an order if it is satisfied that the applicant did not know and had no reason to suspect that the property directly or indirectly represented an y person’s proceeds or was intended by any person for use in illicit trafficking. |
| 77 |
Disposal:
The drugs and precursors seized or confiscated or forfeited under the provisions of this Act shall be disposed off in the presence of the members of the Narcotic Control Board and/or the officials of the authorised agencies. |
| 78 |
Disposal may include using such drugs to meet the health care needs of Bhutan, provided the drug is one listed in Schedules II or III. |
| 79 |
Anything, other than drugs that are forfeited under this Act shall be disposed in such manner as is considered appropriate by the Board on cash–by–case basis as per the prevailing rules of the Royal Government. |
| 80 |
Unless conservation of the entire seizure of drugs and precursor is essential for the purpose of trail and any appeal, the Court shall order disposal of the bulk as soon as possible after seizure. |
| 81 |
Controlled Delivery and Undercover Operations:
Authorized agencies upon approval shall take necessary measures to allow for the appropriated use of controlled delivery and undercover operations within Bhutan, and at the international level on the basis of the agreement or arrangements mutually consented to, with a view to identifying persons involved in the offences under this Act and gathering appropriate information and evidence to take action against them. |
| 82 |
Controlled delivery and undercover operations shall be m ale on case–by–case basis taking into consideration, where relevant, the financial arrangement and understandings with respect to he exercise of jurisdiction by the countries concerned. |
| 83 |
Illicit consignment whose controlled delivery is agreed to may, with the consent to the continue with the narcotic drug, psychotropic substance or precursor intact or removed or replace in part. |
| 84 |
Protection and Remarks:
In case of serious nature or when required for the security and sovereignty of the country, no witness in any criminal proceedings shall be obliged to disclose the name and address of any informant or undercover agent. |
| 85 |
Anyone who informs the authorized agency of the transaction or use of narcotic drugs which leads to the proving of a criminal offence and of the offender the informant shall be rewarded as specified in the Rules and Regulations. |
| 86 |
This section should not apply to any person whose duties related to the administration or the enforcement of this Act. |
| 87 |
Drug related money laundering regulatory measures:
The board may order appropriate measures to control and prevent the laundering of proceeds of crime including illicit trafficking. |
| 88 |
The Board may propose to the Royal Government such measures as establishing a Drug Intelligence Unit and establishing legal mechanisms to identify, trace, freeze, seize, confiscate or forfeit the proceeds of crime whether located in Bhutan or Board. |
| 89 |
The Board may direct Royal Monetary Authority or Central Bank to furnish or share information on fictitious and suspicious transactions on money to facilitate investigation of suspected drug related money–laundering cases, to verify customer identity, establish and maintain internal reporting procedures, and train staff to recognise and report to the competent authority on any suspected money–laundering. |
| 90 |
Regulatory and criminal offences Non Compliance with Licence
Manufacture, production, sale, export, import, storange, distribution, transportation, transhipment of narcotic drugs and psychotropic substance for medical and scientific purpose in contravention of the terms or conditions of a license shall be liable to cancellation of the license and seizure of goods or a fine equivalent to a national daily wage for a maximum of 5 years, or both. |
| 91 |
Record keeping Failure:
Not keeping records of quantity, date, supplier and recipients and manufacture and quantities held in stock shall be liable to cancellation of the licence, and seizure of goods or a fine equivalent to a national daily wage for a maximum of one year. |
| 92 |
Not maintaining records of statistical returns of production or manufacture of drugs, utilization of drugs for the manufacture of other drugs, comsumption of drugs, imports and exports of drugs, seizure drugs shall be liable to cancellation of the licence and seizure of goods, or a fine equivalent to a national daily wage for a maximum of two years. |
| 93 |
Packaging and labeling failure:
Not indicating warning and indications on the packages, labels and the accompany leaflet of any packages of the controlled drugs shall be liable to seizure of the goods or a fine equivalent to a national daily wage for a maximum of one year. |
| 94 |
Illicit precursor trafficking
A defendant shall be guilty of the offence of illegal transaction of controlled substances, if the defendant unlawfully, imports, exports, sells, purchase or transports any precursor. |
| 95 |
Illicit activities involving equipments and materials:
A defendant shall be guilty of an offence, if the defendant manufactures transports or distributes any equipment or material knowing that it is to be use in or for the unlawful cultivation, production or manufacture of drugs. |
| 96 |
Money Laundering:
A defendant shall be guilty of the offence of money laundering if the defendant knowingly uses any proceed of crime. |
| 97 |
Prohibition of the Cultivation of Plants in Schedule I:
Cultivation of opium poppy and coca bush shall be an offence. |
| 98 |
Cultivation and domestication of cannabis shall be an offence. Harvesting or collection of cannabis shall be prohibited, except for production of fibre and animal feed. |
| 99 |
The owner, operator, or occupier, under whatever title, of land for agricultural or other use shall be required to destroy any opium poppies, coca bushes or cannabis plants found growing there. |
| 100 |
Solicitation to Unlawfully Use Drugs or Controlled Substances:
Solicitation by coercion or duress to unlawfully use any drug of controlled substance shall be an offence. |
| 101 |
Unauthorised Advertising:
Advertisement of controlled drug to the public without authorization shall be an offence. |
| 102 |
Aggravation Circumstances:
In determining the nature and extent of any penalty to be ordered in relation to any person convicted of an offence against this Act and the Penal Code of Bhutan, the Court shall take into account whether: |
| a) |
The convicted offender belonged to an organized criminal syndicate, participated in other illegal activities facilitated by the offence; used violence or arms; committed the offence in the exercise of a public office or public duty; added any substance to the drugs which aggravated their danger to a user; or made use or took advantage or a mirror or mentally handicapped person in committing the offence. |
| b) |
The offence was committed by a health professional or person responsible for combating drug abuse or traffic; in a teaching or educational institution, a hospital or care institution, a social service facility or in other places to which school children or students resort for educational, sports or social activities, or in the immediate vicinity of such establishments and premises; in a penal institution or a military establishment; |
| c) |
The drug was supplied or offered to a minor, a mentally handicapped person or a person undergoing treatment, or when the use by such a person was facilitated. |
