Misuse of Drugs Ordinance 2026

1. Short title and commencement

This Ordinance may be cited as the Misuse of Drugs Ordinance 2026 and comes into force on the day appointed by notice in the Gazette.

2. Interpretation

In this Ordinance:

"adult", "grievous harm", "island waters" and "public place" have the meanings given by section 2 of the Criminal Code Ordinance 2026;

"cannabis" means any plant of the genus Cannabis, or any part of such a plant, and includes cannabis resin;

"cannabis resin" means the separated resin, crude or purified, obtained from a cannabis plant;

"Class A drug", "Class B drug" and "Class C drug" mean a controlled drug listed in that class in Schedule 1;

"controlled drug" means a substance or product listed in Schedule 1, and any preparation, salt or product containing it, including food or drink;

"the Minister" means the Minister responsible for public safety;

"officer" means a police officer;

"possession": a person has a thing in their possession if it is in their custody or control, including where another person holds it for them, or where it is in premises, a vehicle or a vessel they control and they know it is there;

"precursor" means any substance used, or intended to be used, in the production of a controlled drug;

"produce" means make, process, refine, cut, mix or prepare a controlled drug by any method, and "production" has a corresponding meaning;

"the standard scale" means the standard scale of fines in section 14 of the Criminal Code Ordinance 2026;

"supply" includes give, sell, share, exchange and distribute, whether or not for payment.

3. Controlled drugs

(1) The controlled drugs are those listed in Schedule 1, in three classes: Class A, Class B and Class C.

(2) The Minister may by order published as a legal notice add a substance to any class in Schedule 1.

(3) An order under subsection (2) does not apply to anything done before it comes into force.

4. Import and export

(1) A person must not bring a controlled drug into Coral Island or island waters, or take one out of Coral Island, or be knowingly concerned in doing so.

(2) It makes no difference that the drug was lawfully bought or held in the place it came from, including in Los Santos.

(3) A person who contravenes subsection (1) commits an offence and is liable to the penalty shown for that offence, and for the class of drug concerned, in Schedule 2.

5. Production

(1) A person must not produce a controlled drug, or be concerned in its production by another person.

(2) A person who runs, works in or provides a place used as a laboratory for producing a controlled drug is concerned in its production.

(3) A person who contravenes subsection (1) commits an offence and is liable to the penalty shown for that offence, and for the class of drug concerned, in Schedule 2.

6. Supply

(1) A person must not supply or offer to supply a controlled drug to another person, or be concerned in its supply by another person.

(2) A person who contravenes subsection (1) commits an offence and is liable to the penalty shown for that offence, and for the class of drug concerned, in Schedule 2.

7. Possession

(1) A person must not have a controlled drug in their possession.

(2) A person who contravenes subsection (1) commits an offence and is liable to the penalty shown for that offence, and for the class of drug concerned, in Schedule 2.

(3) Section 14 (medical use) and section 18 (cannabis for personal use) apply to this section.

8. Possession with intent to supply

(1) A person must not have a controlled drug in their possession with intent to supply it to another person.

(2) The court may infer an intent to supply from the quantity of the drug, the way it is divided or packed, the presence of scales, lists, cash or packaging, or any other evidence.

(3) A person who contravenes subsection (1) commits an offence and is liable to the penalty shown for that offence, and for the class of drug concerned, in Schedule 2.

9. Cultivation of cannabis

(1) A person must not grow any cannabis plant, or be concerned in growing one.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 6 on the standard scale, or to imprisonment for 6 months, or to both; or on conviction on indictment to a fine, or to imprisonment for 5 years, or to both.

10. Premises

(1) The occupier of premises, or a person concerned in their management, must not knowingly permit or allow on those premises:
(a) the production or supply, or attempted production or supply, of a controlled drug; or
(b) the use of a controlled drug.

(2) A person who contravenes subsection (1) commits an offence and is liable to the penalty shown for that offence, and for the class of drug concerned, in Schedule 2.

11. Adulterated and dangerous supply

(1) A person must not supply a controlled drug that they know, or ought reasonably to know, contains a substance likely to cause death or grievous harm to a person who takes it.

(2) A person who contravenes subsection (1) commits an offence, whatever the class of the drug, and is liable on conviction on indictment to imprisonment for life.

(3) Where a death results, the supplier may also be charged with manslaughter under section 21 of the Criminal Code Ordinance 2026.

12. Equipment and precursors

(1) A person must not have in their possession any equipment or precursor, intending that it be used in the production of a controlled drug.

(2) A person who contravenes subsection (1) commits an offence, whatever the class of the drug, and is liable on conviction on indictment to a fine, or to imprisonment for 5 years, or to both.

13. Defences

(1) In proceedings for an offence under any of sections 4 to 10 or section 12, it is a defence for the accused to show that they did not know, and had no reason to suspect, that the substance or thing concerned was a controlled drug, or was intended for use in production.

(2) In proceedings for an offence under section 7, it is a defence for the accused to show that they took possession of the drug to prevent another person committing an offence with it, and that as soon as possible they took all reasonable steps to destroy it or to hand it to an officer.

(3) Where the accused raises a defence under this section with evidence enough to raise the issue, the prosecution must disprove it beyond reasonable doubt.

14. Medical use

(1) It is not an offence under section 7 to have in one's possession a controlled drug supplied by, or on the prescription of, a medical practitioner of the Island Health Clinic for one's own treatment, in the quantity supplied or prescribed.

(2) It is not an offence for a medical practitioner of the Island Health Clinic, or a health worker of the Clinic acting on a medical practitioner's direction, to possess, supply or administer a controlled drug in the course of their duties.

15. Powers of officers

(1) An officer may stop and search a person, vehicle or vessel for a controlled drug under section 8 of the Police Service Ordinance 2026, and may enter and search premises under section 12 of that Ordinance.

(2) An officer may take and test a sample of any substance reasonably suspected to be a controlled drug. A written statement of the result, signed by the person who carried out the test, is admissible as evidence of the nature and quantity of the substance, unless the accused gives notice before trial that they dispute it.

(3) A reef warden, an officer of Coastguard Command or an immigration officer who finds a substance they suspect is a controlled drug may seize it, and must hand it to the Police Service as soon as practicable, with a note of where, when and from whom it was found.

16. Forfeiture

(1) On conviction of an offence under this Ordinance the court may order the forfeiture of:
(a) any controlled drug, equipment or precursor relating to the offence;
(b) any money or other property used, or intended for use, in the offence; and
(c) any money or other property obtained from the offence.

(2) Controlled drugs that are forfeited, or that are seized and not needed as evidence, are destroyed by the Police Service in the presence of two officers, and a record of the destruction is kept.

(3) Confiscation of the proceeds of crime under section 30 of the Courts and Criminal Procedure Ordinance 2026 is unaffected.

17. Penalties

(1) A person who commits an offence under this Ordinance is liable to the penalty shown for that offence, and for the class of drug concerned, in Schedule 2.

(2) An offence for which Schedule 2 shows both a summary penalty and a penalty on indictment is triable either way. An offence for which it shows only a penalty on indictment is triable only on indictment.

(3) Where an offence concerns drugs of more than one class, the penalty is that for the most serious class concerned.

18. Cannabis for personal use

(1) Where an officer has reason to believe that an adult has committed an offence under section 7 by having in their possession cannabis not exceeding 28 grams in total, for their own use and not for supply, the officer may give them a penalty notice under section 18 of the Police Service Ordinance 2026 instead of prosecuting them.

(2) No more than 2 penalty notices may be given to the same person under this section in any period of 180 days. After that, the person may be prosecuted.

(3) The fixed penalty is set by the Penalty Notices Regulations 2026. Paying it is not a conviction.

(4) Nothing in this section makes the possession of cannabis lawful. The cannabis is seized and destroyed.

19. Orders and regulations

The Minister may make orders under section 3, and regulations for carrying this Ordinance into effect, including regulations on the testing, storage and destruction of seized drugs. Orders and regulations are published as legal notices.

Schedule 1. Controlled drugs

Class A
(a) diamorphine (heroin);
(b) fentanyl and its analogues;
(c) cocaine, including crack cocaine;
(d) methamphetamine.

Class B
(a) MDMA;
(b) lysergide (LSD);
(c) psilocybin, and mushrooms containing it;
(d) dimethyltryptamine (DMT).

Class C
(a) cannabis;
(b) cannabis resin;
(c) any product containing cannabis or cannabis resin.

In each class, any salt, ester or ether of a listed substance, and any preparation or product containing it, is also included.

Schedule 2. Penalties

In this Schedule, "summary" means on summary conviction a fine not exceeding the level shown on the standard scale, or imprisonment for the term shown, or both, and where no term is shown a fine only. "Indictment" means on conviction on indictment a fine, or imprisonment for the term shown, or both; "indictment: life" means imprisonment for life.