Dated at Antigua, the 28th day of June, 1923, in the fourteenth year of His Majesty's reign. Duly published at Antigua the 29th day of June, 1923. Provost Marshal. ACT of the Government of the Bahama Islands to consolidate and amend an Act to give effect to the Measures decided upon in the International Opium Convention signed at The Hague on the 23rd day of January, 1912, and to regulate the Importation into and Storage and Disposal of Opium, Morphine, Cocaine and similar Drugs in the Colony. [14 Geo. V, c. 6.] [Assented to April 24, 1924.] WHEREAS the Government of the colony are bound by the International Opium Convention signed at The Hague on the 23rd January, 1912(1); And whereas it is expedient to regulate the importation, landing, storage and disposal of opium, morphine, cocaine and similar drugs: May it please the King's Most Excellent Majesty that it may be enacted and be it enacted by His Excellency Major Sir Harry Edward Spiller Cordeaux, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Governor and Commander-in-Chief in and over the Bahama Islands, the Legislative Council and Assembly of the said Islands, and it is hereby enacted and ordained by the authority of the same as follows:: 1. This Act may be cited as The Opium Act, 1924." 2. In this Act, unless the context otherwise requires— Cocaine means the principal alkaloid of the leaves of Erythroxylon Coca having the formula C17, H21, N04. Heroin means the Biacetyl morphine, having the formula C21, H23, N05. "Magistrate" includes Commissioner. "Medical practitioner " means any person registered under "The Medical Act, 1906," or any Act in amendment thereof or substitution therefor, and includes the Chief Medical Officer, the Resident Surgeon of the Bahamas. General Hospital, the Colonial Surgeon and Medical Officers. Medicinal opium" means raw opium which has been heated to 60° centigrade and contains not less than 10 per (1) Vol. CV. page 490. cent. of morphine, whether or not it be powdered or granulated or mixed with different materials. Morphine" means the principal alkaloid of opium, having the chemical formula C17, H19, N03. 66 99 66 9966 Opium," when used without any qualifying epithet, shall be taken to include "raw opium, medicinal opium, morphine," heroin, cocaine and similar drugs." "Prepared opium means the product of raw opium, obtained by a series of special operations, especially by dissolving, boiling, roasting and fermenting, designed to transform it into an extract suitable for consumption; and includes dross and all other residue remaining when opium has been smoked. Qualified person means and includes any of the persons referred to in Section 4 (1) of this Act. "Raw opium" means the spontaneously coagulated juice obtained from the capsules of the Papaver Somniferum which has only been submitted to the necessary manipulation for packing and transport. Similar drugs" include (a.) All preparations whether officinal or non-officinal as well as the so-called anti-opium remedies, which contain more than 0.2 per cent. of morphine or more than 0.1 per cent. of cocaine. (b.) Heroin, its salts and preparations containing more than 0.1 per cent. of heroin. (c.) All new derivatives of morphine, of cocaine, or of their respective salts and every other alkaloid of opium which has been demonstrated by scientific research to be liable to similar abuse and in its abuse productive of like ill-effects. "Store" means any place appointed or prescribed by the rules for the storage or keeping of opium or prepared opium. 3. It shall not be lawful for any person to export from the colony any opium or prepared opium without the permission of the Governor in Council and except under licence provided for by the laws or regulations of the importing country and except in packages marked so as to indicate the contents thereof. 4.-(1.) It shall not be lawful for any person other than(a.) A registered medical practitioner; (b.) A registered dentist; (c.) A licensed veterinary surgeon; (d.) A licensed druggist; (e.) A person to whom special permission is granted by the Governor in Council by Order in Council, to bring or import into the colony any opium or prepared opium and then only in accordance with this Act or any Rules made thereunder. (2.) It shall not be lawful to import opium or prepared opium into the colony except at the port of Nassau. (3.) Every qualified person shall in the first instance apply to the Colonial Secretary for permission to import opium or prepared opium, and shall state the purpose for which it is required; and every requisition for the export to the importer of any of such substances shall be accompanied by a certificate from the Colonial Secretary stating that the import of the consignment in question is approved by the Governor in Council and is required for legitimate purposes. In the case of drugs to which Chapter III of the International Opium Convention signed at The Hague on the 23rd January, 1912, applies, the certificate shall state specifically that they are required solely for medicinal or scientific purposes. (4.) The Governor in Council may by Order in Council require all opium or prepared opium imported or otherwise brought into the colony to be deposited at the dispensary of the Bahamas General Hospital at the risk of the importer, thence to be withdrawn on the certificate of the Colonial Secretary at the request in writing of a qualified person stating the purpose for which such opium or prepared opium is required. 5. Where any opium or prepared opium imported or otherwise brought into the colony is, without the proper authority, found in the possession of any person or stored or kept in a place other than a store, such person or the occupier of such place, unless he can prove that the same was deposited there without his knowledge or consent, and also the owner of, or other person guilty of keeping the opium or prepared opium, shall be guilty of an offence against this Act. 6. It shall not be lawful to grow or cultivate in any part of the colony opium poppy (Papaver Somniferum). 7. If any person (a.) Other than a qualified person, and if such qualified person otherwise than for the purposes of his profession or in the ordinary course of his retail business or for any other purpose for which special permission has been granted by the Governor in Council, manufactures, sells, or otherwise deals in opium or prepared opium; or (b.) Being the occupier of any premises permits those premises to be used for the purpose of the preparation of opium for smoking or use or consumption or the sale or smoking or use or consumption of prepared opium; or (c.) Is concerned in the management of any premises used for any such purpose as aforesaid; or (d.) Has in his possession any pipes or other utensils for use in connection with the smoking or use or consumption of opium or any utensils used in connection with the preparation of opium for smoking or use or consumption; or (e.) Smokes or otherwise uses prepared opium, or frequents any place used for the purpose of opium smoking or its use or consumption, he shall be guilty of an offence against this Act. 8. (1.) It shall be lawful for a Magistrate, if satisfied by information on oath, that there is reasonable ground for suspecting that any opium or prepared opium is being unlawfully kept, conveyed or landed in contravention of this Act at any place, whether a building or not, or in any ship not being or having the status of a ship of war, or vehicle, or that any books or documents directly or indirectly relating to or connected with any transaction or dealing which was, or any intended transaction or dealing which would if carried out be an offence against this Act, or in case of a transaction or dealing carried out or intended to be carried out in any place outside the colony, an offence against the provisions of any corresponding law in force in that place, is in the possession or under the control of any person in any such place, ship or vehicle, to grant a warrant at any time within one month of the date of the warrant, to enter, if need be by force, on Sundays as well as on any other days, the place, ship or vehicle named in such warrant, and every part thereof, and to examine the same, and to search the same and any person found therein for any opium or prepared opium unlawfully kept therein, and to demand from the owner or occupier thereof the production thereof and of the authority for being in possession of the same, and the production of any books or documents herein referred to. (2.) When the officer or other person executing such warrant has reasonable cause to believe that any opium or prepared opium found by him in any such place, ship or vehicle, is being kept, conveyed or landed in contravention of this Act he may seize and detain the same or any books or documents referred to in Sub-Section (1) hereof until the Court has decided whether such opium or prepared opium is liable to be forfeited or not. (3.) Proceedings under this Act shall be commenced as soon as possible after the seizure. 9. Any person acting under the aforementioned warrant shall not be liable to any suit for seizing or detaining any opium or prepared opium, or books or documents. 10.-(1.) Every person guilty of an offence against this Act shall, in respect of each offence, be liable (a.) On summary conviction before a Magistrate to a fine of £250 or to imprisonment for twelve months, or to both such fine and imprisonment; (b.) On conviction on information, to a fine of £1,000, or to penal servitude for ten years, or to both such fine and penal servitude; and in every case, on conviction for the offence, forfeit to His Majesty all articles in respect of which the offence was committed, and the Court before which the offender was convicted may order any forfeited articles to be destroyed or otherwise disposed of as the Court thinks fit. (2.) No person shall be proceeded against by information for an offence under this Act unless the proceedings are instituted by, or with the consent of, the Attorney-General, and no person shall, on conviction for an offence under this Act, be sentenced to imprisonment without the option of a fine or to pay a fine exceeding £50, if the Court dealing with the case is satisfied that the offence was committed through inadvertence and was not preparatory to, or committed in the course of, or in connection with, the commission or intended commission of any offence against this Act: provided that the provisions of this sub-section prohibiting proceedings by information shall not apply where it is proposed to deal with the person charged summarily and he claims to be tried by a jury. (3.) Where a person convicted of an offence under this Act is a company, the chairman and every director and every officer concerned in the management of the company shall be guilty of the like offence unless he proves that the act constituting the offence took place without his knowledge or consent. 11. Whoever attempts to commit or aids or abets in the commission of any offence against this Act may be dealt with in the same way and shall be liable in the same penalty as if he were charged with the actual offence. 12. It shall be lawful for the Governor in Council to make Rules for regulating the importation, landing, storage, withdrawal or conveyance of any opium or prepared opium imported or otherwise brought into the colony; regulating the issue by medical practitioners of prescriptions containing any drug to which this Act applies and the dispensing of any prescriptions; requiring persons engaged in the sale or distribution of any drug to which this Act applies to keep such books and furnish such information either in writing or otherwise as may be prescribed; and generally for carrying out the objects of this Act. 66 13. The Opium Act, 1913," is hereby repealed. 14. This Act shall not come into operation until the Governor notifies in the "Gazette " that it is His Majesty's pleasure not to disallow the same and thereafter it shall come into operation upon such day as the Governor shall notify by the same or any other notice. (2) (2) Came into operation on March 17, 1925. |