LAWS AND REGULATIONS

Transcription

1 UNITED NATIONS Date: 29 October 2009 English only* LAWS AND REGULATIONS PROMULGATED TO GIVE EFFECT TO THE PROVISIONS OF THE INTERNATIONAL TREATIES ON NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES In accordance with the relevant articles of the international treaties on narcotic drugs and psychotropic substances, the Secretary-General has the honour to communicate the following legislative text / texts AFGHANISTAN Communicated by the Government of Afghanistan NOTE BY THE SECRETARIAT (a) (b) Some editing of texts may be done by the Secretariat in the interest of clarity. In this connection, words in square brackets [ ] have been added or changed by the Secretariat. Only passages directly relevant to the control of narcotic drugs or psychotropic substances have been reproduced in this document. Non-relevant parts of laws and regulations have been deleted by the Secretariat; such deletions are indicated by [...]. E/NL.2009/21 E/NL.2009/22 CONTENTS Law on the Classification of Drugs and Precursors, Regulation of the Licit Activities, Drug Related Offences, 2003 Afghan national classification of narcotic drugs, Psychotropic substances and preparations thereof, as well as substances used in their manufacture PAGE 2 15 *Note by the Secretariat: These documents are a direct reproduction of the text / texts communicated to the Secretariat.

2 Page 2 E/NL.2009/21 LAW ON THE CLASSIFICATION OF DRUGS AND PRECURSORS, REGULATION OF THE LICIT ACTIVITIES, DRUG RELATED OFFENCES OCTOBER 2003 Content Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 General Provisions Classification and regulation of narcotic drugs, psychotropic substances and chemical precursors Prohibition of opium poppy and cannabis plant cultivation Offences and penalties in trafficking of Narcotics Illicit use of narcotic drugs and related offences Procedural provisions relating to drug offences Preventive measures and treatment of drug addicts Administrative Duties Final Provisions Article 1 Chapter I General Provisions The present Law is enacted for the control of narcotic drugs, psychotropic substances and chemical precursors. Article 2 The objectives of the Law are as follows: 1. To prohibit illicit cultivation of opium poppy, cannabis plant and coca bush. 2. To prevent production, processing, trade, import, export, offer and use of drugs, as well as drug trafficking 3. To coordinate and intensify the struggle against drugs at the national and international level. 4. To attract the cooperation and assistance of all national and international organizations ill the task of combating drugs. 5. To persuade farmers to cultivate other crops instead of opium poppy and cannabis plant, and to provide them with technical and economical assistance. 6. To establish detoxication/treatment and rehabilitation centers for drug addicts in order to reintegrate them into society 7. To take preventive measures and to punish those who cultivate opium and cannabis as well as produce, process, sell, buy, import, export, supply, keep and smuggle illicit drugs and its use. Article 3 This law defines drugs as substances which cause addiction, contusion of mind, alter human behaviour, cause complicated diseases and other social and health problems. Article 4 According to this law, drugs are identified as follows:

3 Page 3 1. Opium and its derivatives. 2. Cannabis and its derivatives. 3. All other drugs and their chemical derivatives mentioned in the tables prepared by the International Convention on Drugs. Chapter II Article 5 Classification and regulation of narcotic drugs, psychotropic substances and chemical precursors 1. In order to control the production, processing, buying and selling, import, supply, storage, transfer and use, the plants, substances and preparations covered by this Law shall be classified in four tables: Table I Prohibited plants and substances with no medical use; Table II Strictly controlled plants and substances with a medical use; Table III : Controlled plants and substances with a medical use; Table IV : Chemical precursors used to process drugs The Ministry of Health can amend the Tables mentioned in paragraph 1 of the present article by decision of taking into account the modifications or additions decided by the United Nations Commission on Narcotic Drugs. 2. The Ministry of Health can when needed, transfer plants and substances from tables 2, 3 or 4 to table The Ministry of Health cannot transfer plants and substances from table 1 to table 2, 3 or The amendments to item 2 of paragraph 2 of this Article will, after approval by the Council of Ministers and the Head of State, be published in the official Gazette. Article 6 The production, manufacture, wholesale and retail, trading and distribution, transport, possession, supply, transfer (free or for payment), purchase. use, import, export and transit across the national territory of plants, substances and preparations listed in Table I shall be prohibited. Licit activities Article 7 1. The cultivation, production, manufacture, wholesale and retail trading and distribution, international trading, and use of the plants, substances and preparations listed in tables II and III shall lie prohibited to any person not expressly licensed for that purpose and at any establishment or on any premises not expressly licensed for that purpose. 2. The license mentioned in paragraph 1 of the present article shall be issued by the Ministry of Health. Article 8 Only private enterprises holding the licenses mentioned in article 7 and specially designated State enterprises shall engage in international trading in the plants, Substances and preparations listed in tables II and III.

4 Page 4 Article 9 1. All exports and imports of plants, substances and preparations listed in tables II and III shall he subject to separate authorization. 2. Authorization mentioned in paragraph 1 of the present article is issued by the Ministry of Health in consultation with the Anti Narcotics Directorate, on a form established by the Commission on Narcotic Drugs of the United Nations Economic and Social Council. The authorization shall not be transferable. Article 10 Those who import the material mentioned in Tables 2 and 3 via free ports and Free trade zones arc liable to get the license mentioned in Article 7 of this Law. Free ports and free trade zones shall be subject to the same conditions and supervision as the other parts of the national territory. Article 11 Persons, enterprises holding a license for use of plants, substances or precursors mentioned in Tables 2 and 3, for professional purposes, are liable to protect the material in accordance with the terms and conditions imposed by Ministry of Health in consultation with the Anti Narcotics Directorate. Article 12 Medical and scientific research; teaching curd forensic work 1. The Ministry of Health can issue License to authorize selected persons to cultivate, produce, manufacture, acquire, import, use or hold plants, substances and preparations listed in tables I, II and III of this Law for the purpose of scientific research, health and 2. The quality and quantity of the plants, substances and precursors mentioned in paragraph I of this Article cannot exceed than what is required for the fulfillment of the stated purposes. 3. The licensed/authorized person should obey the following: - Register and record his name. - Record the quality and quantity of the plants, substance and precursors that is being imported, bought or sold, used or destroyed. - Record the Date of the operation and the navies of people who are providing the material. - Prepare an Annual report to the Ministry of Health about the remaining, used and destroyed material. 4. The relevant agency is liable to keep the records and registers for five years. Article 13 Monitoring by the competent authority 1. The Ministry of Health and the Anti-narcotics agency are liable to inspect and control the plants, substances and precursors included in the Tables enclosed in this law ordinarily twice a year and extraordinarily when necessary. 2. Persons, firms and state agencies, medical and scientific organizations, and the institutes that are dealing in anyway with plants, substances and precursors included in the Tables of this Law, are liable to open, to the relevant authorities, their facilities, storage/hangars, and documents for inspection and control.

5 Page 5 3. The police. Saranwali (prosecution) and the pharmacy inspectors are liable to cooperate with the relevant authorities in control and monitoring the plants, substances and precursors included in the Tables enclosed in this law. 4. Baggage, boxes and containers that are being used by public transport in the international travel are also subject to control and inspection. Chemical precursors Article All persons and enterprises engaged in manufacture, distribution or trade of substances listed in table 4 shall be subject to license issued by the Ministry of Health. 2. A separate authorization issued by the Ministry of Health shall be required for each export, import or transit of substances listed in Schedule IV. Such 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. Article 15 All consignments, whether imported, exported or transiting, shall be properly labeled and documented as to the substance involved, the quantity and the name and address of the importer and exporter, and whenever available, the consignee. The documents shall be maintained for a period of five years and shall be available for inspection by the Ministry of Health. Article 16 All persons and enterprises engaged in the manufacture, distribution or trade of substances listed in Schedule IV shall he required to notify the appropriate police authority of any suspicious orders and operations. The Ministry of Health and other competent authorities shall notify as soon as possible the competent authority of any other State concerned if there is a reason to believe that the import, export or transit of substances listed in table 4 is destined for the illicit manufacture of narcotic drugs or psychotropic substances. Article 17 Chapter III Prohibition of opium poppy and cannabis plant cultivation Cultivation of opium poppy, cannabis plant and all other plants that contain narcotic drugs shall be prohibited within the boundaries of the country. Article 18 In order to control the cultivation of poppy and cannabis, commissions comprised of representatives from the Ministries of Internal Affairs, Defense, State Security, Agriculture and Land Reform will be established in the capital and in each province. These commissions will function under the supervision of the governors. Article 19 The commissions mentioned in article 18 have the following responsibilities: 1. Prevention of cultivation of opium poppy and cannabis within the boundaries of the country in cooperation with the personnel of the Ministries of Internal Affairs, state Security and the Frontier Pores.

6 Page 6 2. Destruction o opium poppy and cannabis crops by all possible ways and means. 3. Persuasion of farmers to raise substitute crops and provision of assistance to them in this regard from national and international organizations. 4. Report to the relevant authority to request and obtain assistance from national and international organizations for the small farmers who will obtain comparatively less yield if they stop opium poppy and cannabis cultivation. Article 20 The Ministries of Agriculture and Land Reform, Haj and Awqaf have to educate the farmers and community against cultivation of opium and cannabis through their trained personnel. Article 21. The Ministry of Agriculture and Land Reform will give incentives to small farmers in opium poppy and cannabis growing areas if they voluntarily stop its cultivation. The incentives will be as follows 1- Provision and distribution of agricultural equipment with favorable terms. 2- Priority during distribution of improved seeds, fertilizer and agricultural chemicals. 1. Provision of marketing facilities in cooperation with the Ministry of Commerce and purchasing of the crop production, if necessary. 2. Provision of loans with easy terms and conditions for the establishment of veterinary, horticultural and poultry farms. 3. Granting of other assistance. Article 22 In order to prevent cultivation of opium poppy and cannabis the Government will sign agreements with foreign countries and organizations for cooperation arid technical and financial assistance to prevent opium and cannabis cultivations according to the law of the country. Article 23 Chapter IV Penalties and Offences in Trafficking of Narcotics 1. Anybody illicitly cultivating opium poppy, cannabis plant or any other plants used in the production of drugs shall be punished to a short or medium term of imprisonment in accordance with the circumstances, quantity and quality of cultivation. 2. Government authorities shall immediately destroy illicitly cultivated opium poppy, cannabis plant or any other plants used in the production of drugs. Article 24

7 Page 7 1. Drug smuggling is forbidden. The violators will be punished in accordance with this law. 2. According to this law producing, processing, selling, buying, importing, exporting, keeping, and carrying of drugs without legal permission is considered as smuggling. Article 25 The person involved in opium smuggling is to he punished as follows: 1- If the amount of opium is up to 50 grams the punishment will be a short-term imprisonment. 2- If the amount of opium is from 50 grams up to 1 kg the punishment will be a mid-term imprisonment. 3- If the amount of opium is from 1 kg up to 10 kg the punishment will he a long-term imprisonment (up to 7 years). 4- If the amount is more than 10 kg the punishment will be more than 7 years imprisonment or imprisonment for life. Article 26 The person involved in trafficking of a substance containing heroin is to be punished as follows: 1- If the amount is up to 10 grams, the punishment will be a short-term imprisonment (up to 3 years). 2- If the amount is from 10 grams up to 50 grams, the punishment will be a mid-term) imprisonment (more than 3 years). 3- If the amount is from 50 grants up to 1 kg, the punishment will be a tong-term imprisonment (up to 7 years). 4- If the amount is more than l kg, the punishment will be life imprisonment. Article 27 The person involved in cannabis smuggling is to be punished as follows: 1- If the amount of cannabis is up to 50 grants the punishment will be a short-term imprisonment (Up to 3 months). 2- If the amount of cannabis is from 50 grams tip to 1 kg the punishment will be a short-term imprisonment (more than 3 months). 3- If the amount is from 1 kg tip to 10 kg the punishment will be a mid-term imprisonment. 4- If the amount exceeds 10 kg the punishment will he a long-term imprisonment, Article 28 The person involved in smuggling of other kinds of drugs will be sentenced to mid- or long-term imprisonment.

8 Page 8 Article 29 Anyone committing trafficking in chemical precursors knowing that they are to be used in or (or the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances, shall he sentenced to longterm or life imprisonment in accordance with the circumstances anti quantity of drugs that could he produced. Chemical precursors shall be confiscated by the court order. Article 30 The person who imports or uses equipment or materials for the production and processing of drugs, in addition to the confiscation of the above, lie will he sentenced to a long-term imprisonment or life imprisonment in accordance with the circumstances. Article If the drug smuggler resorts to armed resistance against the police but it does not result in the death of any person, in addition to the confiscation of drugs and weapons, he will be sentenced to imprisonment for life. 2- If the armed resistance of the smuggler results in the death of a police officer or others assisting the police, he will be sentenced to death. Article 32 Any organizer, manager or financer of any conduct constituting any offence stipulated by the present Law shall be sentenced to long-term or life imprisonment in accordance with the circumstances. Article 33 A person who is not the actual owner of the drug-production and processing factory but participates in the work and obtains an income from it, will be punished as all accomplice to the crime. Article Anyone carrying narcotic drugs, psychotropic substances or precursors in a vehicle without government permission or legal authorization, whereas the quantity of, heroin is more 100 grams, or opium more than 10 kg, will have his vehicle confiscated, in addition to the punishment proscribed in this chapter. 2. If the material mentioned in the paragraph 1 of this article is less than the estimated amount. a proper decision will he made by the court in light of f the circumstances whether to confiscate the vehicle or not. Article 35 If a person prepares a special (hidden) place in his vehicle and utilizes it for the carrying of drugs, the vehicle will he confiscated irrespective of the amount of drugs being transported, in addition to the punishment and confiscation of the drugs. Article 36 If it is proved that, in spite of having knowledge of the drugs in the vehicle, the driver attempts to transport them, he will he accorded punishment as an accomplice to the crime. Article 37 If the drug smuggler is caught together with the owner of the vehicle and it is proved that the owner of the vehicle was aware of the transportation of drugs, he will be punished as an accomplice to the cringe.

9 Page 9 Article In addition to punishing the drug smuggler, the court also orders the confiscation of the material regardless of its amount or price. 2. Confiscation includes the following: 1- Confiscation of facilities, material, equipment and movable property used or intended to be used in committing the crime. 2- Confiscation of money or other funds and material gained directly or indirectly through committing the crime. 3- Confiscation of moveable or unmovable material bought from the income of narcotic related crimes mentioned in this Law. 4- Confiscation of salary and other privileges that are given to individuals or entities. 5- Confiscation of property bought with the income of the narcotic-related crimes and deeds are changed to other people's names or joint property, unless authoritative legitimate and legal documents exit. Article 39 If smuggling of the drug is carried out by two or more persons, they will be accorded the maximum punishment as foreseen in articles 23 to 38 of this law. Article When a person resorts to drug smuggling through a drug trafficking network, the founder of the network and the smuggler, depending on the circumstances will be sentenced to imprisonment for life. 2. The court according to the paragraph 1 of this article will order the confiscation of money and other property made directly or indirectly from drug trafficking and used or have intention to be used in these activities. 3. All the profits which are proved to be from drug related activities are subject to paragraph 2 of this article. Article 41 If government personnel take part in establishing a drug-trafficking network mentioned in article 40, or provide in some way facilities for smuggling, and it is proved, the perpetrators, depending on the circumstances, will be sentenced to imprisonment for life. Article 42 If any person who keeps drugs inside his body, the judicial authority call send him to medical check-up. I f the person refuses the examination, he will be punished with short-term impression. In case of presence of the drugs in part of the body, he will be punished for the maximum penalty stipulated by this Law Article 43 Any person who provides reliable information in locating or capturing the drug trafficking network - depending on the circumstances, quality and quantity of the drug involved - will he given a commendation or an award in the form of cash money by the government.

10 Page 10 Article 44 A person who repeatedly commits the crimes mentioned in this Law, within or without of the country will receive the maximum punishment mentioned in this Law. Illicit Use of Narcotic Drugs and Related Offences Article 45 Chapter V Any person who illicitly uses drugs will be punished according to the provisions of this law in observance of article one of the Penal Code. An exception will be made in case of medical treatment. Article 46 If a person uses drugs but is not an addict, depending on the circumstances, he will be sentenced to a short-term imprisonment. Article 47 The accused will be sentenced for long-term imprisonment: Article If he forces another to use drugs. 2. If he gives narcotics to the young, ill persons, and weak persons. 3. Smuggling by young (children) employ and their effect by drugs. 4. In case where the drugs caused death or diseased the persons. 5. The smuggling of the drugs in army centers, jail, health center, social service, educational institute, the young gathering places or its neighbors. 6. Mixing the drugs with medicine which cause danger to health. 7. Intentionally missing narcotic drugs with foods or drinks. Any person who does the following activities will be punished by medium or long term imprisonment: 1 - to arrange, publicize, encourage, persuade, and spreads the use of drugs. 2. to prescribe drugs knowing it is used illegally. 3. selling and buying drugs by rising counterfeit prescriptions. Article A person who provides premises for the use of drugs depending on the circumstances will be sentenced to medium or long-term imprisonment. 2. In addition to the punishment foreseen in clause one of this article, the court will also order the confiscation of the drugs and the instruments used for taking the drugs.

11 Page 11 Article The managers of hotels, restaurants or stores who are involved in drugs trafficking will be punished as foreseen in article 47 of this law. 2- If the owners of hotels, restaurants or stores in spite of having knowledge about the crime mentioned in paragraph 1 of this article, do not stop their managers from committing this act, or do not inform the concerned authorities, they will be punished as an accomplice to the crime. Article 51 If a person is seen in public, on the street, public park or other public gathering places, while being intoxicated and mentally disturbed, or causing troubles to others, he will either he sentenced to short-term imprisonment (more than 3 months). Chapter VI Procedural Provisions Relating to Drug Offences Article 52 The operation, detection and arrest of the persons involved in smuggling of drugs must be carried by anti narcotic forces of counter narcotics department, operational and investigation authorities of police, personnel from attorney general's department, staff from customs, and paramilitary forces working at the borders. Article 53 Detection, investigation, allegation and trial of persons involve in drug trafficking will be carried out in accordance with the provision of the penal code and other legal procedures. Article When seizing drugs, detectives are obliged to prepare a report about the scene of the incident with a description of the kind and amount of drugs, the identity of the accused and the place of the incident. Without delay they should send the seized drugs to the custom authorities of the province and attach a second copy of the report to the investigation file. A third copy of the report will be sent to the central office for Drug Control. 2. The report should include the signature or fingerprints of the suspect or suspects, and witnesses, if any. Article 55 Detectives, investigators, prosecutors, and judges arc obliged to prosecute and to brim, to trial the drug traffickers, in accordance with the rule of Law, as soon as possible. Article Narcotic Drugs that are confiscated by the court will be destroyed on the demand of the attorney after consultation of the health ministry. 2. Destruction of Narcotic drugs will take place in the presence of the commission consisting from the representatives of the Public Health, Interior, Agriculture & Husbandry, Finance, and Trade ministries under the supervision of the attorney general. Article 57

12 Page 12 Article The citizens have to inform the authorities about drugs related activities (trafficking, storage) if they know about that. 2. The citizens of the country if asked by the authorities mentioned in the Article 52 of this Law are liable to cooperate in the detection and seizure of narcotics. Chapter VII Preventative measures and treatment of drug addicts Instead of sentencing the drug addict to imprisonment, the Court will order the detention of the addict in a related Health Center for treatment purposes. This period cannot exceed two years. Article The concerned health organization is obliged to report to the respective Court through the office of the prosecutor every 15 days on the health condition of the addict sentenced to detention. 2- On the basis of the report received, the Court can abrogate or extend the detention of the drug addict. 3- In respect of this article the authorized Court is the Court that passed the final decision. Article 60 An addict who has committed a crime of misdemeanour and is sentenced to prison, can be ordered by the court to undergo treatment whenever proposed by the concerned health organization, prosecutor, police or on request of his relatives. Article 61 If the drug addict has been sentenced more than once by the court for using drugs, the court in addition to the main punishment, can impose a ban on the addict s movement preventing him from going to certain places. The tenure of this ban cannot exceed 3 years. Article 62 The period of detention of the drug addict in the respective health-center can be counted in the tenure of his Imprisonment term. Article 63 Chapter VII Ministerial Duties Ministry of Health has the responsibility to establish special treatment and rehabilitation centers for drug addicts. Article 64 Ministry of Health is responsible to take measures for medical treatment/rehabilitation of addicts and take necessary steps for their implementation. Article 65:

13 Page 13 In order to combat the cultivation of opium poppy and cannabis, and fight against drug smuggling, the Ministries of Agriculture and Land Reform, Public Health, Internal Affairs, State Security and Defense are obliged to adopt the following measures: Article Prevention of opium poppy and cannabis cultivation through all possible means. 2. Obtaining assistance from international and regional organizations and other countries through the Ministry of Foreign Affairs. 3. Coordination of efforts to intensify the struggle against production and smuggling of drugs and establishing regional co-operation. 4. Persuasion and encouragement of farmers towards crop substitution of opium poppy and cannabis. 5. Provision of assistance to farmers. In order to combat drug abuse, the Ministry of Education and Ministry of Higher/Vocational Education are obliged to include drug related subjects into the curriculum or their educational institutions. Article 67 The Ministries of Culture and Information, Public Health, Religious Affairs and "Awqaf" and the organizations protecting people's rights are obliged to launch publicity campaigns through mass media against drugs production, smuggling and use of drugs. Article 68 In order to combat cultivation, smuggling and use of drugs, the Ministry of Foreign Affairs is obliged to adopt the, following measures: 1. Attracting assistance from international and national organizations for the farmers. 2. Acquiring assistance from international and national organizations to equip and expand hospitals and rehabilitation centers for drug addicts. 3. Collecting reports, publications and information material related to the struggle against drugs from national, regional and international organizations and translating aid distributing these to the organizations protecting people's rights. 4. Preparing the ground for Afghanistan to join the international conventions on campaign against poppy and cannabis cultivation as well as trafficking of narcotics. 5. Preparing the ground for the signing bi-lateral and multi-lateral agreements with neighboring and other countries in connection with co-operation in detection, arrest, prosecution and trial of the people suspected of drug smuggling. Attract the attention of the United Nations and other foreign sources in preventing the manufacture of machinery used for production and processing of narcotics and substances extracted from them. Article 69 Chapter IX Final Provisions The Ministry of Health issue regulations for production, processing, import, buying, selling, export supply, storage, transfer and legal use of narcotics for medical purposes, and to present it for approval.

14 Page 14 Article 70 This law is effective from the date signed and published in the official Gazette. 1 As this happens, the antinarcotics Law that was published in official Gazette Serial No. 793 dated 1421 lunar year (Hijri Qamari ) and all other regulations are all null and void. 2 Signed: Sayed Yusuf Haleem, Director General of Auditing 1 Note by the Sec.: this law was published in the Official Gazette on 31/10/ Note by the Sec.: E/NL ; E/NL

15 Page 15 E/NL.2009/22 TRANSITIONAL ISLAMIC STATE OF AFGHANISTAN Afghan national classification of narcotic drugs, Psychotropic substances and preparations thereof, as well as substances used in their manufacture Schedule 1 Schedule 2 Schedule 3 Schedule 4 Prohibited drugs of abuse Strictly controlled Substances and pharmaceutical preparations (High risk Drugs of abuse) Controlled Substances and pharmaceutical Preparations (Risk Drugs of abuse) Substances used in the manufacture of narcotics Drugs and Psychotropic Substances (Precursors) SCHEDULE 1 PROHIBITED DRUG OF ABUSE WITH NO MEDICAL USE This national schedule 1 included narcotic drugs and Psychotropic substances: from Schedule IV of the Single Convention on narcotic Drugs, 1961 from Schedule I of the Convention on Psychotropic Substances, 1971 Schedule IV of the Single Convention on Narcotic Drugs, Acetorphine 2. Acetyl-alpha-methylfentanyl 3. Alpha-methylfentanyl 4. alpha-methylthiofentanyl 5. Beta-hydroxyfentanyl 6. Beta-hydroxy-methyl-3 7. Cannabis and cannabis resin 8. Desomorphine 9. Etorphine 10. Heroin 11. Ketobemidone methylfentanyl methylthiofentanyl 14. MPPP 15. Para-fluorefantanyl 16. PEP A P 17. Thiofentanyl

16 Page 16 Schedule I of the Convention on Psychotropic Substances, Brolamfetamine 2. Cathinone 3. DET 4. DMA 5. DMHP 6. DMT 7. DOET 8. Eticyclidine 9. Etryptamine 10. N-hydroxy MDA 11. (+)-LYSERGIDE 12. MDE, N-ethyl MDA 13. MDMA 14. Mescaline 15. Methcathinone 16. Methyl-4 aminorex 17. MMDA MTA 19. Parahexyl 20. PMA 21. Psilocine, psilotsin 22. Psilocybine 23. Rolicyclidine 24. STP, DOM 25. Tenamfetamine 26. Tenocyclidine 27. Tetrahydrocannabinol, the following isomers and their stereochimical variants: tetrahydro-7,8,9,10 trimethyl-6,6,9 pentyl-3 6H-dibenzol[b,c] pyranne ol-1 (9R,10aR)-tetrahydro-8,9,10,10a trimethyl-6,6,9 pentyl-3 6Hdibenxo[b,d] pyranne ol-1 (gar,9r,10ar)-tetryhydro- 6A,9,10,10 trimethyl-6,6,9 pentyl-3 6H-dibenzo[b,c] pyranne ol-1 (6aR,10ar)-tetrahydro-6a,7,10,10a trimethyl-6,6,9 pentyl-3 6Hdibenzo[b,d] pyranne ol-1 tetrahydor-6a,7,8,9-trimethyl-6,6,9 pentyl-3 6H-dibenzo[b,d] pyranne ol-1 (6aR,10aR)-hexahydro- 6a,7,8,9,10,10a dimethyl-6,6 methylene-9 pentyl-3 6Hdibenzo[b,d] pyranne ol TMA

17 Page 17 SCHEDULE 2 STRICTLY CONTROLLED PLANTS AND SUBSTANCES WITH A MEDICAL USE This national schedule 2 includes narcotic drugs and Psychotropic substances: from Schedule I of the Single Convention on Narcotic Drugs, 1961 from Schedule II of the Single Convention on Narcotic Drugs, 1961 from Schedule II of the Convention on Psychotropic Substances, 1971 Schedule I of the Single Convention on Narcotic Dugs, 1961: (except for the substances in Schedule IV) 1. Acetylmethadol 2. Alfentanil 3. Allylprodine 4. Alphameprodine 5. Alphamethadol 6. Alpha-methylthiofentanyl 7. Alphaprodine 8. Aniledirine 9. Benzethidine 10. Benzylmorphine 11. Betacetylmethadol 12. Betameprodine 13. Betamethadol 14. Betaprodine 15. Bezitramide 16. Butyrate de dioxaphetyl 17. Clonitazene 18. Coca, (leaf) 19. Cocaine 20. Codoxime 21. Concentrate of poppy Sra. 22. Dextromoramide 23. Diampromide 24. Diethylthiambutene 25. Difenoxine 26. Dihydroetorphine 27. Dimenoxadol 28. Dimepheptanol 29. Dimethylthiambutene 30. Diphenoxylate 31. Dipipanone 32. Drotebanol 33. Ecgonine, its esters and derivatives 34. Ethylmethylthiambutene 35. Etonitazene 36. Etoxeridine 37. Fentanyl 38. Furethidine 39. Hydrocodone 40. Hydromorphinol 41. Hydromorphone 42. Hydroxypethidine 43. Isomethadone 44. Levomethorphanel 45. Levoaoramide 46. Levophenacylmorphane 47. Levorphanol 48. Metazocine 49. Methadone 50. Methadone intermediate 51. methyldesorphine 52. Methyldihydroorphine 53. Metopon 54. moramide, intermediaire du 55. Morpheridine 56. morphone 57. Morphinemethobromide and other pentavent nitrogen morphine derivative 58. Myrophine 59. Nicomorphone 60. Noracymethadol 61. Norlevorphanol 62. Normethadone 63. Normorphine 64. Norpipanone 65. Opium 66. Oxycodone 67. N-oxymorphine 68. Oxymorphne 69. Pethidine 70. Pethidine, intermediate A 71. Pethidine, intermediate B 72. Pethidine, intermediate C 73. Phenadoxone 74. Phenampromide 75. Phenazocine 76. Phenomorphance 77. Phenoperidine 78. Piminodine 79. Piritramide 80. Proheptazine 81. Properidine 82. Racemethorphane 83. Racemoramide 84. Racemorphane 85. Remifentanil 86. Sufentanil 87. Thebacone 88. Thebaine 89. Tilidine 90. Trimeperidine Schedule II of the Single Convention on Narcotic Drugs, 1961

18 Page Acetyldihydrocodeine 2. Codeine 3. Dextropropoxyphene 4. Dihydrocodeine 5. Ethylmorphine 6. Nicocodine 7. Nicodicodine 8. Norcodeine 9. pholcodine 10. Propiram Schedule II of the Convention on Psychotropic Substances, Amfetamine 2. 2C-B 3. Dexamfetamine 4. Dronabinol 5. Delta-9-tetrahydro cannbinol and its variants 6. Fenetylline 7. Levamfetamine 8. Levomethamphetamine 9. Mecloqualone 10. Metamfetamine 11. Methaqualone 12. Methylphenidate 13. Phencyclidine 14. Phenmetrazine 15. Racemate de metamfetamine 16. Secobarbital 17. Zipeprol SCHEDULE 3 CONTROLLED PLANTS AND SUBSTANCES WITH A MEDICAL USE This national schedule 3 includes narcotic drugs and Psychotropic substances: from Schedule III of the, Single Convention on Narcotic Drugs, 1961 from Schedule III of the Convention on Psychotropic Substances, 1971 from Schedule IV of the Convention on Psychotropic Substances, 1971 Schedule III of the Single Convention on Narcotic Drugs, Acetyldihydrocodeine 2. Codeine 3. Dihydrocodeine 4. Ethylmorphine 5. Nicocodine 6. Nicodicodine 7. Norcodeine 8. Pholcodine Schedule III of the Convention on Psychotropic Substances, Amobarbital 2. Buprenorphine 3. Butalbital 4. Cathine 5. Cyclobarbital 6. Flunitrazepam 7. Glutethimide 8. Pentazocine 9. Pentobarbital

19 Page 19 Schedule IV of the Convention on Psychotropic Substances, Allobarbital 2. Alprazolarn 3. Amfeppramone 4. Aminorex 5. Barbital 6. B nzfetamine 7. Bromazepam 8. Brotizolarn 9. Butobarbital 10. Camazepam 11. Chlordiazepoxide 12. Clobazam 13. Clonazepam 14. Clorazepate 15. Clotiarcpam 16. Cloxazolam 17. Delorazepam 18. Diruepam 19. Estazolam 20. Ethchlonymol 21. Ethinamatej 22. Etilamfetamine 23. Fencantfamine 24. Fenproporex 25. Fludiazcpatn 26. Flurazcpam 27. GHB 28. Halazepam 29. Halnxazolam 30. Kctazolam 31. Lefetamine 32. Loflazepate Ethyl 33. Loprazolam 34. Lorazepam 35. Lormetazepam 36. Mazindol 37. Medazepam 38. Mefeaorex 39. Meprobamate 40. Mesocarbc 41. Methylpheno-barbital 42. Methypryione 43. Midazolarn 44. Nimetazepam 45. Nitrazcpam 46. Nordazepant 47. Oxazepam 48. Oxazolam 49. Pemoline 50. Phendimetrazine 51. Phenobarbital 52. Phentermine 53. Pinazepam 54. Pipradrol 55. Prazeparn 56. Pyrovaleronc 57. Secbutabarbital 58. Temazepam 59. Tetrazepam 60. Triazolam 61. Vinylbital 62. Zolpidem

20 Page 20 SCHEDULE 4 SUBSTANCES FREQUENTLY USED IN THE MANUFACTURE OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (CHEMICAL PRECURSORS) This national schedule 4 includes chemical precursors : from Table I and II of the 1988 UN Convention Table I of the Convention against illicit traffic in Narcotic Drugs and Psychotropic Substances, 1988: 1. Acid N-acetylanthranilic 2. Acid lysergic 3. Anhydride acetic 4. Ephedrine 5. Ergometrine 6. Ergotamine 7. Isosafrole 8. Methylcnedioay-3,4 phenyl propanone 9. Norephedrine 10. Potassium Permanganate 11. Phenyl-1 propanonc Piperonal 13. Pseudoephedrine 14. Safrole Table II of the Convention against illicit traffic in Narcotic Drugs and Psychotropic Substances, 1988: 1. Acetone 2. Acid anthranilic 3. Acid chlorhydric 4. Acid phenylacetic 5. Acid sulfuric 6. Ether Methylethylcetone ethylic 7. Piperidine 8. Toluene