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Narcotics Act 1967

LAWS OF WESTERN SAMOA

NARCOTICS

ANALYSIS

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THE NARCOTICS ACT 1967

1967, No. 3

An Act to regulate the importation, exportation, growing, manufacture, sale, distribution, use, and possession of narcotic drugs

[24 July 1967]

1. Short title and commencement - This Act may be cited as the Narcotics Act 1967 and shall come into force on the 1st day of August 1967.

2. Interpretation - (1) In this Act, unless the context otherwise requires,-

"Constable" includes any member of [the Police Service];

"Cultivate" includes sow and plant; and "cultivation" has a corresponding meaning;

"Deal in" includes purchase, receive, or otherwise acquire, or produce, manufacture, sell, distribute, dispense, administer, use in manufacture or otherwise dispose of; and "dealing in" has a corresponding meaning;

"Department" means the Department of Health;

"Director" means the Director of Health appointed under the Health Ordinance 1959;

"Inspector" means an inspector appointed under section 4 of this Act;

"Medicinal opium" means opium which has undergone the processes necessary to adapt it for medicinal use;

"Minister" means the Minister of Health;

"Narcotic" means any of the plants, drugs, preparations, substances or mixtures named or described in the First Schedule or in the Second Schedule to this Act and includes every prohibited plant;

"Opium" means the coagulated juice of the opium poppy;

"Opium poppy" means the plant of the species Papaver somniferum L.;

"Prepared opium" means any form of opium other than raw opium and medicinal opium, and includes opium prepared for smoking, and dross and any other residues remaining after opium has been smoked;

"Prohibited plant" means-

(a) Any plant of the genus Cannabis;

(b) Every variety of Papaver somniferum L.;

(c) Any plant of the genus Erythroxylon; and

(d) Any other plant which is declared to be a prohibited plant by the regulations;

"Regulations" means regulations made under this Act.

(2) In calculating for the purposes of this Act the percentage of any drug present in a preparation, the percentage in the case of a liquid preparation shall, unless otherwise prescribed, be calculated on the basis that a preparation containing one part percent of any substance means a preparation in which one gramme of the substance, if a solid, or one millilitre of the substance, if a liquid, is contained in every 100 millilitres of the preparation, and so in proportion for any greater or less percentage.

(3) In calculating for the purposes of this Act the percentage of morphine present in a preparation it shall be calculated as in respect of anhydrous morphine.

Cf. 1927, No. 18, s. 2 (N.Z.); 1960, No. 104, s. 2 (N.Z.).

In subs. (1), in the definition of "Constable", the reference to the Police Service was substituted for a reference to the Police (as substituted for a reference to the Police Force by s. 3 (3) of the Police Act 1969) by s. 3 (3) of the Police Service Act 1977.

3. Administration of Act - The Director and the Department, under the control of the Minister, shall be charged with the administration of this Act.

4. Appointment of inspectors - The Public Service Commission may, from time to time, on the recommendation of the Director, appoint any officer of [the Public Service] to be an inspector for the purposes of this Act and having the powers conferred on inspectors by this Act.

Cf. S. R. 1955/38, r. 56 (N.Z.)

The reference to the Public Service was substituted for a reference to the Western Samoa Public Service by s. 4 of the Public Service Act 1965.

5. Head of State may amend lists of narcotics or prohibited plants - The Head of State, acting on the advice of Cabinet, may from time to time by Order add to or omit any drug, preparation or substance from the list of narcotics set out in the First Schedule or the Second Schedule to this Act, or any plant from the list of prohibited plants set out in section 2 of this Act, as those lists are for the time being varied by any such Order previously made, or transfer any drug preparation or substance from one Schedule to this Act to another.

Cf. 1927, No. 18, s. 3 (N.Z.); 1960, No. 104, s. 4 (N.Z.); 1965, No. 45, s. 4 (N.Z.)

For substituted lists in the Schedules, see the Narcotics Act Order 1972. (W.S.R. 1972/7), reprinted in this title.

[6. Unlawful cultivation of prohibited plants - (1) Every person who-

(a) Cultivates any prohibited plant; or

(b) Has in his possession the seed of any prohibited plant-

commits an offence against this Act, and is liable on conviction to imprisonment for a term not exceeding 7 years.

(2) If the Court is satisfied that any offence against this section was not committed wilfully, then the offender shall be liable to a fine not exceeding $200 or to imprisonment for a term not exceeding 3 months, or both such a fine and imprisonment, instead of being liable to the penalty specified in subsection (1) of this section.

(3) It shall be a defence to a charge under subsection (1) of this section if the defendant proves-

(a) That he cultivated the prohibited plant or had in his possession the seed of the prohibited plant, as the case may be, to which the charge relates, pursuant to and in accordance with the conditions of a licence granted under this Act by the Director; or

(b) That the prohibited plant or the seed as the case may be, to which the charge relates is a variety of Papaver Somniferum L., and that it was not intended to be a source of any narcotic or that it was not being developed as a strain from which a narcotic could be produced.

(4) Any constable, inspector, or officer of Customs, Health, or Agriculture, with such assistants as he thinks necessary, may seize and destroy-

(a) Any prohibited plant that is being cultivated otherwise than pursuant to and in accordance with the conditions of a licence granted under this Act by the Director; or

(b) The seed of any prohibited plant if that seed is in the possession of any person otherwise than pursuant to and in accordance with the conditions of a licence granted under this Act by the Director.]

This section was substituted for the original s. 6 by s. 2 of the Narcotics Amendment Act 1976.

7. Possession of narcotics - No person shall knowingly be in possession of, or attempt to obtain possession of, any narcotic, unless-

(a) He is entitled to import or export that narcotic;

(b) He is licensed to deal in that narcotic;

(c) The narcotic was supplied for his use, or for the treatment of some animal under his care, by a licensee, or pursuant to the prescription of a licensee, authorised to supply or prescribe narcotics for that purpose;

(d) His possession is for or on behalf of a person lawfully entitled to the possession of that narcotic;

(e) His possession is permitted by the regulations;

(f) He has the narcotic as a sample or for analysis under the Food and Drugs Act 1967;

(g) He is in the service of the Government and his possession is for the purpose of investigating an offence or alleged offence or the prosecution of any person; or

(h) He is lawfully in possession of the narcotic pursuant to an authority or supply granted or issued under section 8 or section 9 of this Act.

Cf. S.R. 1955/38, r. 47 (N.Z.); 1965, No. 45, s. 6 (N.Z.)

8. Supplies of opium for registered addicts - (1) The Director may keep the register of persons who in his opinion have become addicted to the quasi - medical use of opium prior to the passing of this Act, and are unlikely to be able to be safely cured of that addiction.

(2) The Director may from time to time supply such reasonable quantities of medicinal opium as he shall think fit to persons whose names are on that register.

(3) Each such person may personally make a quasi - medical use of the medicinal opium so supplied to him without committing an offence against this Act.

Cf. S.R. 1955/38, r. 48 (N.Z.)

9. Supplies of narcotics for ships, aircraft and first aid kits - The Director may in writing, subject to such conditions as he may specify, authorise the master of a ship or the person in charge of an aircraft, or the person having control of a first aid kit within Western Samoa approved by the Director, to obtain and to be in possession of such narcotics as in the case of a ship or aircraft are authorised or required to be carried on such ship or aircraft by the country of registry of the ship or aircraft for medical stores or as are usually carried by such ship or aircraft for that purpose only, and in the case of a first aid kit for use for emergency purposes only.

Cf. 1955/38, rr. 53, 54, 55 (N.Z.)

10. Importation and exportation - (1) No person shall import into or export from Western Samoa any prepared opium or any prohibited plant.

(2) No person shall import into or export from Western Samoa any other narcotic named or described in the First Schedule to this Act except pursuant to a licence granted by the Director.

(3) No licence under subsection (2) of this section to import any narcotic shall be granted except to a person who is licensed under section 11 of this Act to deal in that narcotic.

(4) Nothing in this section shall apply to or prohibit the carriage through Western Samoa by ships or aircraft of-

(a) Such quantities only of narcotics as are authorised or required to be carried on any such ship or aircraft by the country of registry of the ship or aircraft for medical stores or as are usually carried by such ship or aircraft for that purpose only;

(b) Narcotics whose destination is out of Western Samoa if such narcotics are accompanied by a copy of an export authorisation from the country from which they have been exported showing the nature, description, quantity, and destination of such narcotics, and such narcotics correspond with the details shown in the export authorisation.

Cf. 1927, No. 18, s. 5 (N.Z.); S.R. 1955/38, rr. 4, 5, (N.Z.)

As to this section, see the Customs Act 1977, and, in particular, s.49 of that Act, whereby prohibited imports include every article the sale of which would be an offence against any enactment relating to the sale of drugs. See also the notes to s. 1 of the Shipping Act 1972, and s. 30 of the Post Office Act 1972.

11. Licences to deal in narcotics - No person shall deal in any narcotic except pursuant to a licence granted by the Director.

Cf. 1927, No. 18, s. 9 (N.Z.)

12. Approval of Minister required for grant of licences to some persons - Except with the approval of the Minister, no licence of any kind shall be granted to any person who has been convicted of an offence against any provision of this Act or the regulations or any Act or regulations repealed or revoked by this Act, or who being a previous holder of a licence has had it cancelled for any breach of any condition thereof or of any provision of this Act or the regulations or any Act or regulations so repealed or revoked.

Cf. 1927, No. 18, s. 9 (N.Z.)

13. Miscellaneous offences - Every person commits an offence against this Act who-

(a) Uses or permits to be used any premises or vehicle for the purpose of the commission of an offence against this Act; or

(b) Has in his possession any needle, syringe, pipe or other utensil for any such purpose; or

(c) Without lawful excuse smokes or otherwise uses prepared opium or is on premises being used for the smoking of opium.

Cf. S.R. 1955/38, r. 11 (N.Z.); 1965, No. 45, s. 7 (N.Z.)

As to probation orders in respect of narcotics, see s. 9 (1) (d) of the Offenders Probation Act 1971.

As to driving when under the influence of drugs, see s. 40 of the Road Traffic Ordinance 1960.

14. Issue of search warrants - (1) If a Judge of the Supreme Court or a Magistrate is satisfied by information on oath that there is reasonable ground for suspecting-

(a) That any narcotic is in the possession or under the control of any person in any building, aircraft, ship, carriage, vehicle, premises or place (hereinafter collectively referred to as "premises"), and that an offence against any provision of this Act or the regulations has been committed in relation to such narcotic; or

(b) That there is in the possession or under the control of any person in any premises any document 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 any provision of this Act or the regulations, or, in the case of a transaction or dealing carried out or intended to be carried out in any place outside Western Samoa, an offence against the provisions of any law corresponding with or having objects similar to this Act or the regulations in force in that place -

he may grant a search warrant authorising a constable or inspector named in the warrant or any other constable or inspector, at any time or times within one month from the date of the warrant, to enter with such assistants as he thinks necessary, and if need be by reasonable force, the premises named in the warrant, to search those premises and any persons found therein, and to seize and detain any such narcotic or document found on or in those premises or on any such person.

(2) Every constable or inspector executing a search warrant granted under this section shall have the warrant with him and produce it if required so to do.

Cf. 1927, No. 18, s. 11 (N.Z.); S.R. 1955/38, r. 57 (N.Z.); 1957, No. 87, s. 198 (N.Z.)

15. Power to inspect books and stocks of narcotics - (1) Any constable or officer of Customs or Health or inspector shall have power to enter the premises of any person carrying on the business of a producer, manufacturer, seller or distributor of any narcotic, or who otherwise undertakes the supply or administration thereof, and to demand the production of and to inspect any books or records relating to dealings in any narcotic, and to make copies of any entries appearing therein, and to inspect, weigh, measure, and record the stocks of any narcotic.

(2) If any person wilfully delays or obstructs any constable or officer of Customs or Health or inspector in the exercise of his powers under this section, or fails to produce, or conceals or attempts to conceal, any such books, documents or stock, he shall be guilty of an offence against this Act.

Cf. 1927, No. 18, s. 12 (N.Z.); S.R. 1955/38, r. 58 (N.Z.)

16. Power of arrest of person suspected of committing offence - (1) If any commissioned officer of Police, officer of Customs or inspector has reasonable cause to believe or suspect, or finds, that any person has imported into or exported from Western Samoa any narcotic in contravention of any provision of this Act, or has been concerned in such importation or exportation, or is engaged in dealing in any narcotic in contravention of any such provision, or is in possession of any narcotic or other thing in contravention thereof, he may arrest that person without a warrant.

(2) Pending the laying of an information against the person so arrested the remanding officer before whom the accused is produced pursuant to Clause (4) of Article 6 of the Constitution, as substituted by section 2 of the Constitution Amendment Act 1965, may either discharge him from custody or adjourn the matter for any period not exceeding 48 hours; and may, if the proceedings are so adjourned, either remand the accused in custody or release him on recognizance, with or without sureties, to appear at the time and place to which the matter has been so adjourned, in the same manner, so far as may be, as if an information had been laid against the accused by the officer or inspector by whom he has been so arrested.

(3) If at the time to which the matter has been so adjourned no information for any offence as aforesaid has already been laid in accordance with this Act the accused shall be discharged.

(4) The arrest or discharge of any person under this section shall not take away or in any manner affect the right of proceeding against him in respect of any offence under this Act which may have been committed previously to that arrest or discharge.

Cf. 1927, No. 18, s. 13 (N.Z.); S.R. 1955/38, r. 59 (N.Z.)

As to Police, see s. 3 (3) of the Police Service Act 1977.

17. Penalty for illegal import or export of narcotics - (1) Every person who imports into or exports from, or attempts to import into or export from, Western Samoa any narcotic in contravention of any provision of this Act is guilty of an offence against this Act, and shall be liable to a fine not exceeding $400 or to imprisonment for a term not exceeding 2 years, or to both such fine and imprisonment.

(2) Without affecting any other liability he may have incurred under this Act any person found in possession of any narcotic imported in contravention of any provision of this Act shall be liable to a fine not exceeding $400 or to imprisonment for a term not exceeding 2 years or to both such fine and imprisonment, unless he proves-

(a) That he obtained possession thereof without knowledge that it was illegally imported; or

(b) That he obtained possession thereof with some other lawful justification.

Cf. 1927, No. 18, s. 14 (N.Z.); S.R. 1955/38, r. 60 (N.Z.)

As to this section, see the Customs Act 1977, and , in particular, s. 49 of that Act, where by prohibited imports include every article the sale of which would be an offence against any enactment relating to the sale of drugs. See also the notes to s. 1 of the Shipping Act 1972, and s. 30 of the Post Office Act 1972.

18. Penalty for unlawful supply or possession of narcotics - (1) Every person is liable to imprisonment for a term not exceeding 14 years who, contrary to any provision of this Act or of the regulations, sells, gives, supplies, or administers, or offers to sell, give, supply, or administer, any narcotic to any person if that person is under the age of 21 years.

(2) Every person is liable to imprisonment for a term not exceeding 7 years who, contrary to any provision of this Act or of the regulations-

(a) Deals in or has in his possession any narcotic;

(b) Sells, gives, supplies, or administers, or offers to sell, give, supply, or administer, any narcotic to any person if that person is of or over the age of 21 years:

Provided that if the judge is satisfied that the contravention of the Act or the regulations was not wilful, or that it constituted merely a breach of a provision relating to the keeping of books or the issuing or dispensing of prescriptions or other matters of a procedural character, the offender is liable to a fine not exceeding $200 or to imprisonment for a term not exceeding 3 months, or to both such fine and imprisonment.

Cf. 1960, No. 104, s. 6 (N.Z.)

19. Abetting offence against corresponding law in another country - Every person who in Western Samoa aids, abets, counsels, or procures the commission in any place outside Western Samoa of any offence punishable under the provisions of any law corresponding with or having objects similar to this Act and in force in that place, or who does any act preparatory to or in furtherance of the commission out of Western Samoa of any act which, if committed in Western Samoa, would constitute an offence against this Act, is guilty of an offence and shall be liable to a fine not exceeding $400 or to imprisonment for a term not exceeding 2 years, or to both such fine and imprisonment

Cf. 1927, No. 18, s. 16 (N.Z.); S.R. 1955/38, r. 62 (N.Z.)

20. Failure to comply with conditions of licence - Eve person who acts in contravention of or fails to comply with a term or condition of any licence issued under or in pursuance this Act is guilty of an offence, and shall be liable to a fine not exceeding $200.

Cf. 1927, No. 18, s. 17 (N.Z.); S.R. 1955/38, r. 63, (N.Z.)

21. Penalty for false statement - Every person who, for the purpose of obtaining, whether for himself or any other person, the grant or renewal of any licence under this Act, or for any other purpose in relation to this Act, makes any declaration or statement which to his knowledge is false in any particular, or utters, produces, or makes use of any such declaration or statement or any document containing the same, or knowingly utters, produces, or makes use of any document which is not genuine, is guilty of an offence against this Act, and shall be liable to a fine not exceeding $200 or to imprisonment for a term not exceeding 12 months, or to both such fine and imprisonment.

Cf. 1927, No. 18, s. 18 (N.Z.); S.R. 1955/38, r. 64 (N.Z.)

22. Failure to answer question - Every person who fails or refuses to answer any question which any officer of Customs or Health or constable, or inspector is authorised by this Act to put to him for the purposes of this Act and does put to him, or who does not truly answer the same, is guilty of an offence against this Act.

Cf. 1927, No. 18, s. 19 (N.Z.); S.R. 1955/38, r. 65 (N.Z.)

23. General offence of breach of provisions of Act or regulations - Every person commits an offence against this Act or the regulations who acts in contravention of or fails to comply in any respect with any provision of this Act or the regulations, or of any requirement, direction, prohibition, notice, approval, or condition given or imposed thereunder.

Cf. 1927, No. 18, s. 20 (N.Z.); S.R. 1955/38, r. 66 (N.Z.)

24. General penalty for such breach - (1) Every person who commits an offence against this Act or the regulations for which no other penalty is provided by this Act or the regulations is liable to a fine not exceeding $200 or to imprisonment for a term not exceeding 3 months, or to both such fine and imprisonment.

(2) Where any person commits an offence against this Act or the regulations for which no penalty is provided elsewhere than in this section, being an offence which involves the unlawful supplying or procuring of any narcotic, or the unlawful offering to supply or procure any narcotic, and that person has previously been convicted of an offence against this Act or the regulations involving any such unlawful supplying, procuring or offering, he shall be liable to a fine not exceeding $400 or to imprisonment for a term not exceeding one year, or to both such fine and imprisonment.

Cf. 1927, No. 18, s. 20 (N.Z.); S.R. 1955/38, r. 66 (N.Z.); 1960, No. 104, s. 7 (N.Z.)

25. Forfeiture of goods - (1) If any person is convicted of an offence against this Act or the regulations, then, in addition to any penalty imposed pursuant to this Act or the regulations, there shall be forfeited to the Government by virtue of the conviction all articles, if any, in respect of which the offence was committed and in the possession of that person.

(2) Articles forfeited under the provisions of subsection (1) of this section shall be sold, destroyed, or otherwise disposed of as the Minister directs.

Cf. 1927, No. 18, ss. 22, 26 (N.Z.); S.R. 1955/38, r. 67 (N.Z.)

26. Onus of proof in certain cases - (1) In any proceedings under this Act or the regulations against any person in which it is proved that he had in his possession any narcotic, the onus of proving (where such proof would constitute an answer to the charge) that he came into possession thereof in a manner not prohibited by this Act or the regulations shall lie on the person charged.

(2) In any such proceedings under this Act or the regulations it shall not be necessary to prove that the narcotic was import into Western Samoa since the coming into force of this Act.

Cf. 1927, No. 18, s. 23 (N.Z.); S.R. 1955/38, r. 68 (N.Z.)

27. Chief officers of company liable for offence by company - Where a person convicted of an offence against this Act or the regulations is a company, 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.

Cf. 1927, No. 18, s. 24 (N.Z.); S.R. 1955/38, r. 69 (N.Z.)

28. Protection of persons acting under authority of Act - Any person who does any act in pursuance or intended pursuance of any provision of this Act or the regulations shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless he has acted in bad faith or without reasonable care.

Cf. 1965, No. 45, s. 21 (N.Z.)

29. Regulations - (1) The Head of State, acting on the advice of Cabinet, may from time to time make such regulations as in his opinion may be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.

(2) Without limiting the general power hereinbefore conferred, regulations may be made under this section for all or any of the following purposes:

(a) Controlling or restricting the cultivation of prohibited plants and the sale, distribution, and possession of the seeds of prohibited plants;

(b) Prescribing the forms of licences under this Act, including the terms and conditions thereof, and enabling additional conditions to be imposed;

(c) The granting, renewal, and cancellation of licences under this Act;

(d) Permitting the import, export, possession or dealing in all or any narcotics otherwise than pursuant to a licence under this Act but subject to such conditions as may be prescribed;

(e) Requiring persons engaged in the import or export of, or who are dealing in, any narcotic, or who utilise any narcotic in the exercise of their profession or calling, to keep books in such form and manner and to furnish information with respect to such matters as may be prescribed;

(f) The issue by medical practitioners, dentists, and veterinary surgeons of prescriptions containing any narcotic;

(g) The dispensing and compounding of narcotics;

(h) The packing, labelling, storing and carriage of narcotics;

(i) The weighing, counting, measuring, sealing, seizing, and taking of samples of narcotics;

(j) Generally for prohibiting, controlling, or restricting the importation, exportation, possession, dealing in and use of narcotics;

(k) Prescribing fees payable for the granting and renewal of licences and other matters, and providing for the waiver or reduction or total or partial refund of fees in particular cases or classes of cases; and

(l) Prescribing all matters which are required or permitted to be prescribed by this Act or with respect to which regulations are necessary or convenient for giving full effect to this Act.

(3) Regulations made under the powers hereby conferred may prescribe for any breach thereof a fine not exceeding $200 or imprisonment for a term not exceeding 3 months, or both such fine and imprisonment.

Cf. 1927, No. 18, s. 26 (N.Z.); 1960, No. 104, s. 10 (N.Z.)

30. Repeal and revocation - As from the coming into force of this Act the Dangerous Drugs Act 1927 (N.Z.), and the Samoa Dangerous Drugs Regulations 1955 (Serial Number 1955/38, N.Z.) are hereby repealed or revoked as to their application to Western Samoa.

SCHEDULES

[FIRST SCHEDULE]

Section 2

acetorphine (6, 7, 8, 14 - tetrahydro - 7alpha - (1 - hydroxy - l - methylbutyl) - 6, 14 - endo - ethenooripavine 3 - acetate)

acetyldihydrocodeine

acetylmethadol (3 - acetoxy - 6 - dimethylamino - 4, 4 - diphenyl - 3 - heptane)

allylprodine (3 - allyl - l - methyl - 4 - phenyl - 4 - propionoxy - piperidine)

alphacetylmethadol (alpha - 3 - acetoxy - 6 - dimethylamino - 4, 4 - diphenylheptane)

alphameprodine (alpha - 3 - ethyl - l - methyl - 4 - phenyl - 4 - propionoxypiperidine)

alphamethadol (alpha - 6 - dimethylamino - 4, 4 - diphenyl - 3 - heptanol)

alphaprodine (alpha - 1, 3 - dimethyl - 4 - phenyl - 4 - propionoxy - piperidine)

anileridine (1 - (para - aminophenethyl) - 4 - phenylpiperidine - 4 - carboxylic acid ethyl

ester)

benzethidine (1 - (2 - benzyloxyethyl) - 4 - phenylpiperidine - 4 - carboxylic acid ethyl ester)

benzylmorphine (3 - benzylmorphine)

betacetylmethadol (beta - 3 - acetoxy - 6 - dimethylamine - 4, 4 - diphenylheptane)

betameprodine (beta - 3 - ethyl - l - methyl - 4 - phenyl - 4 - propionoxypiperidine)

betamethadol (beta - 6 - dimeth ylamino - 4, 4 - diphenyl - 3 - heptanol)

betaprodine (beta - 1, 3 - dimethyl - 4 - phenyl - 4 - propionoxy - piperidine)

bezitramide (1 - (3 - cyano - 3, 3 – diphenylpropyl) - 4 - (2 - oxo - 3 - propionyl – 1-

benzimidazolyl) - piperidine)

cannabis, being any leaf, seed, stalk, root, fruit, blossom, or part thereof of any plant of the

genus cannabis (Cannabis sativa L.)

cannabis resin

clonitazene (2 - para - chlorbenzyl - l - (2 - diethylaminoethyl) - 5 - nitrobenzimi - dazole)

cocoa leaf (Erythroxylon coca L.)

cocaine (methyl ester of benzoylecgonie)

codeine (3 - methylmorphine)

codoxime (dihydrocodeinone - 0 - (carboxymethyl)oxime)

concentrate of poppy straw

desomorphine (dihydrodeoxymorphine)

dextromoramide ((+) - 4 - [ - 2 - methyl - 4 - oxo - 3, 3 - diphenyl - 4 - (1 – pyrrolidinyl) –

butyl] morpholine)

diampromide (N - [2 - (methylphenethylamino)propyl]- propionanilide)

diethylthiambutene (3 - diethylamino - 1, 1 - di - (2' - thienyl) - 1 - butene)

dihydrocodeine (7, 8 - dihydrocodeine)

dihydromorphine (7, 8 - dihydromorphine)

dimenoxadol (2 - dimethylaminoethyl - l - ethoxy - 1, 1 - diphenyl - acetate)

dimepheptanol (6 - dimethylamino - 4, 4 - diphenyl - 3 - heptanol)

dimethylthiambutene (3 - dimethylamino - 1, 1 - di - (2' - thienyl) - 1 - butene)

dioxaphetyl butyrate (ethyl 4 - morpholino - 2, 2 - diphenyl - butyrate)

diphenoxylate (1 - (3 - cyano - 3, 3 - diphenylpropyl) - 4 - phenyl - piperidine - 4 - carboxylic

acid ethyl ester)

dipipanone (4, 4 - diphenyl - 6 - piperidino - 3 - heptanone)

ecgonine ( - ) - 3 - hydroxytropane - 2 - carboxylate)

ethylmethylthiambutene (3 - ethyl met hylamino - l, 1 - di - (2' - thienyl) - 1 - butene)

ethylmorphine (3 - ethylmorphine)

etonitazene (1 - diethylaminoethyl - 2 - para - ethoxybenzyl - 5 – nitrobenzimidazole

etorphine (6, 7, 8, 14 - tetrahydro - 7alpha - (1 - hydroxy - l - methylbutyl) – 6, 14 - endo –

ethenooripavine)

etoxeridine (1 - [2 - (2 - hydroxyethoxy)ethyl) - 4 - phenylpiperidine - 4 - carboxylic acid

ethyl ester)

fentanyl (1 - phenethyl - 4 - N - propionylanilinopiperidine)

furethidine (1 - (2 - tetrahydrofurfuryloxyethyl) - 4 - phenylpiperidine - 4 - carboxylic acid

ethyl ester)

heroin (diacetylmorphine)

hydrocodone (dihydrocodeinone)

hydromorphinol (14 - hydroxy - 7, 8 - dihydromorphine)

hydromorphone (dihydromorphinone)

hydroxypethidine (4 - (meta - hydroxyphenyl) - 1 - methylpiperidine - 4 - carboxylic acid

ethyl ester)

isomethadone (6 - dimethylamino - 5 - methyl - 4, 4 - diphenyl - 3 - hexanone)

ketobemidone (4 - meta - hydroxyphenyl) - 1 - methyl - 4 - propionyl - piperidine)

levomethorphan (( - ) - 3 - methoxy - N - methylmorphinan)

levomoramide ((-)-4) - [2 - methyl - 4 - oxo - 3, 3 - diphenyl - 4 - (1 – pyrrolidinyl)-

butyl]morpholine)

levophenacylmorphan (( - 3) - hydroxy - N - phenacylmorphinan)

levorphanol (( - ) - 3 - hydroxy - Npmethylmorphinan)

metazocine (2' - hydroxy - 2, 5, 9 - trimethyl - 6, 7 - benzomorphan)

methadone (6 - dimethylamino - 4, 4 - diphenyl - 3 - heptanone)

methadone - intermediate (4 - cyano - 2 - dimethylamino - 4, 4 - diphenylbutane)

methyldesorphine (6 - methyl - delta^б - deoxymorphine)

methyldihydromorphine (6 - methyldihydromorphine)

metopon (5 - methyldihydromorphinone)

moramide - intermediate (2 - methyl - 3 - morpholino - 1, 1 - diphenyl - propane carboxylic

acid)

morpheridine (1 - (2 - morpholinoethvl) - 4 - phenylpiperidine - 4 - carboxylic acid ethyl

ester)

morphine

morphine - N - oxide

morphine pentavalent nitrogen derivatives

myrophine (myristylbenzylmorphine)

nicicodine (6 - nicotinoylcodeine)

nicodicodine (6 - nicotinoyldihydrocodeine)

nicomorphine (3, 6 - dinicotinoylmorphine)

noracymethadol ((±) - alpha - 3 - acetoxy - 6 - methylamino - 4, 4 - diphenylheptane)

norcodeine (N - demethylcodeine)

norlevorphanol (( - ) - 3 - hydroxymorphinan)

normethadone (6 - dimethylamino - 4, 4 - diphenyl - 3 - hexanone)

normorphine (demethylmorphine)

norpipanone (4, 4 - diphenyl - 6 - piperidino - 3 – hexanone) opium

oxycodone (14 - hydroxydihydrocodeinone)

oxymorphone (14 - hydroxydihydromorphinone)

pethidine (1 - methyl - 4 - phenylpiperidine - 4 - carboxylic acid ethyl ester)

pethidine - intermediate A (4 - cyano - l - methyl - 4 - phenyl - piperidine)

pethidine - intermediate B (4 - phenylpiperidine - 4 - carboxylic acid ethyl ester)

pethidine - intermediate C (1 - methyl - 4 - phenylpiperidine - 4 - carboxylic acid)

pethidine - intermediazte C, esters of

phenadoxone (6 - N - morpholino - 4, 4 - diphenyl - 3 - heptanone)

phenampromide (N - (I - methyl - 2 - piperidinoethyl)propionanilide)

phenazocine (2' - hydroxy - 5, 9 - dimethyl - 2 - phenethyl - 6, 7 - benzormorphan)

phenomorphan (3 - hydroxy - N - phenethylmorphinan)

phenoperidine (1 - (3 - hydroxy - 3 - phenylpropyl) - 4 – phenylpiperidin - 4 - carboxylic

acid ethyl ester)

pholcodine (morpholinylethylmorphine)

piminodine (4 - phenyl - l - (3 - phenylaminopropyl) piperidine - 4 - carboxylic acid ethyl

ester)

piritramide (1 - (3 - cyano - 3, 3 - diphenylpropyl) - 4 - (1 - pipe ridino) - piperidine4 –

carboxylic acid amide)

proheptazine (1, 3 - dimethyl - 4 - phenyl - 4 - propionoxyazacycloheptane)

properidine (1 - methyl - 4 - phenylpiperidine - 4 - carboxylic acid isopropyl ester)

racemethorphan ((±) - 3 - methoxy - N - methylmorphinan)

racemoramide (( - ± - ) - 4 – [2 - methyl - 4 - oxo - 3, 3 - diphenyl - 4 - (1 - pyrrolidinyl)

butyl]morpholine)

racemorphan ((±) - 3 - hydroxy - N - methylmorphinan)

thebacon (acetyldihydrocodeinone)

thebaine (3, 6 - dimethyl - 8 - dehydromorphine)

trimeperidine (1, 2, 5 - trimethyl - 4 - phenyl - 4 - propionoxy - piperidine)

The isomers of the substances mentioned above in this Schedule whenever the existence of such isomers is possible within the specific chemical designation.

The esters and ethers of the substances mentioned above in this Schedule whenever the existence of such esters or ethers is possible.

The salts of the substances mentioned above in this Schedule whenever the existence of such salts is possible.

Any substance, preparation, or mixture containing any proportion of a substance named or described above in this Schedule other than the following preparations and mixtures, namely:

(a) Preparations containing in any proportion of the following substances or any salt of any such substance, namely, acetylidihydrocodeine codeine, dihydrocodeine, ethylmorphine, and pholcodei when-

(i) Compounded with one or more other pharmacologically active ingredients in such a way that the substance cannot be recovered by readily applicable means or in a yield which would constitute a risk to health; and

(ii) Containing not more than 100 milligrammes of the substances in each dosage unit and with a concentration of not more than 2.5 per cent in undivided preparations;

(b) Preparations of cocaine containing not more than 0.1 per cent of cocaine base, being preparations compounded with one or more other pharmacologically active ingredients (none of which are substances named or described elsewhere in this Schedule) in such a way that the preparation has no, or a negligible, risk of abuse, and in such a way that the cocaine cannot be recovered by readily applicable means or in a yield which would constitute a risk health;

(c) Preparations of opium or morphine containing not more than 0.2 per cent of morphine, being preparations compounded with one more other pharmacologically active ingredients (none of which are substances named or described elsewhere in this Schedule) in such a way that the preparation has no, or a negligible, risk of abuse, and in such a way that the opium or the morphine, as the case may be, cannot be recovered by readily applicable means or in a yield which would constitute a risk to health;

(d) Solid dosage units of diphenoxylate containing in each unit not more than 2.5 milligrammes of diphenoxylate calculated as base and not less than 25 microgrammes of atropine sulphate;

(e) Liquid preparations of diphenoxylate containing, in each millilitre, not more than 0.5 milligrammes of diphenoxylate calculated as based and not less than 5 microgrammes of atropine sulphate;

(f) Ipecacuanha and opium powder containing 10 per cent of opium powder and 10 per cent of ipecacuanha root in powder intimately mixed with finely powdered lactose;

(g) Mixtures containing not more than one of the preparations specified in paragraphs (a) to (f) above, being mixtures whereof none of the other ingredients is a substance named or described elsewhere this Schedule.

amphetamine ((±) - alpha - methylphenethylamine)
DET (N, N - diethyltryptamine)

desxamphetamine ((±) - alpha - methylphenethylamine)

DMHP or SKF 5301 (3 - (l, 2 - dimethylheptyl) - 7, 8, 9, 10 - tetrahydro - 6, 6, 9 - trimethyl –

6H - dibenzo[b, d] - pyran - l - ol)

DMT (N, N - dimethyltryptamine)

lysergide or LSD or LSD - 25 ((±) - N, N - diethyllysergamide (d - lysergic acid

diethylamide))

mescaline (3, 4, 5 - trimethoxyphenethylamine)

methamphetamine ((±) - N - alpha - dimothylphenethylamine)

methylphenidate (alpha - phenyl - 2 - piperidineacetic acid methyl ester)

parahoxyl (3 – hexyl – 7, 8, 9, 10 – totrahydro – 6, 6, 9 – trimethyl – 6H – dibenzo – [b, d] pyran – 1 – o1)

poyod or poyote, That is, any part of the plant of the species lophophora williamsii or lophophora lewinii

phenmetrazine (e - methyl - 2 - phenylmorpheline)

psilicone or psilotsin (3 - (2 - dimethylaminoethyl) - indol - 4 - ol)

psilocybine (3 - (2 - dimethylaminoethyl) - indol - 4 - yl dihydrogen phosphate)

STP or DOM (2, 5 - dimethoxy - 4, alpha - dimethylphenethylamine)

tetrahydrocannabinols, all isomers (3ppentyl - 6a, 7, 10, l Oa - tetrahydro - 6, 6, 9 – trimethyl

- 6H - dibenzo - [b, d] pyran - 1 - o1]

The First and Second Schedules were substituted for the original First and Second Schedules by the Narcotics Act Order 1972 (W.S.R. 1972/7).

____________________

NARCOTICS AMENDMENT ACT 1976
1976, No. 4

An Act to amend the Narcotics Act 1967

[23 August 1976]

1. Short title - This Act may be cited as the Narcotics Amendment Act 1976, and shall be read together with and be deemed to be part of the Narcotics Act 1967 (hereinafter referred to as the principal Act).

2. This section substituted a new section for s. 6 of the principal Act.

________________________

The Narcotics Act 1967 is administered in the Department of Health.
_________________________

REGULATIONS APPLYING TO NARCOTICS

Narcotics Regulations 1967 (W.S.R. 1967/2)

Narcotics Act Order 1972 (W.S.R. 1972/7)

________________________

THE NARCOTICS REGULATIONS 1967

HIS HIGHNESSS, MALIETOA TANUMAFILI II, HEAD OF STATE

At the Government House at Apia this 26th day of July 1967.

PURSUANT to the Narcotics Act 1967 the Head of State, acting on the advice of Cabinet, hereby make the following Regulations.

ANALYSIS

________

REGULATIONS

1. Title and commencement - (1) These regulations may be cited as the Narcotics Regulations 1967.

(2) These Regulations shall come into force on the 1st day of August 1967.

These regulations were gazetted on 1 December 1969, W.S. Gazette 1969, Vol. V, No. 5, p. 38.

2. Interpretation - In these regulations, unless the context otherwise requires:

"Inspector" means a person appointed under section 4 of the Act;

"The Act" means the Narcotics Act 1967.

3. Licences to import narcotics - (1) Every applicant for a licence to import a narcotic shall make application in writing to the Director in a form provided by the Director.

(2) Every such application shall include the following:

(a) The full name and address of the applicant;

(b) The name and address of the person from whom it is proposed to order the narcotic;

(c) The period within which it is expected that the narcotic will be imported into Western Samoa;

(d) The name, nature and description of the narcotic;

(e) The quantity of the narcotic proposed to be imported;

(f) A statement that the narcotic is required, and if imported will be used solely, for medicinal or scientific purposes;

(g) A statement that section 12 of the Act does or does not apply to the applicant, with particulars if it does;

(h) A statement that the importation of the narcotic will be lawful under the Act and these regulations if a licence is granted; and

(i) A reference to the applicant's licence to deal in that narcotic under the Act.

(3) On receipt of any such application the Director may require further information, and subject thereto and subject to such conditions and restrictions as he thinks fit, may, in his discretion, grant and issue to the applicant a licence in writing to import all or any of the narcotics specified therein.

(4) Any such licence shall be in such form as is prescribed and if not prescribed as the Director thinks fit. Cf. S.R. 1955/38, r. 8 (N.Z.)

4. Licences to export narcotics - (1) Every applicant for a licence to export a narcotic shall make application in writing to the Director in a form provided by the Director.

(2) Every such application shall include the following:

(a) The full name and address of the applicant;

(b) The name and address of the person to whom it is proposed to export the narcotic;

(c) The period within which it is expected that the narcotic will be exported from Western Samoa;

(d) The name, nature and description of the narcotic;

(e) The quantity of the narcotic proposed to be exported;

(f) A statement that section 12 of the Act does or does not apply to the applicant, with particulars if it does;

(g) A statement that the exportation of the narcotic will be lawful under the Act and these regulations if a licence is granted; and

(h) A certificate from the Government of the country to which the narcotic is to be exported, if its law provides for the issue of such a certificate, that-

(i) That Government approves of the importation into its country of the proposed quantity of the narcotic; and

(ii) The narcotic is required for medicinal or scientific purposes.

(3) On receipt of any such application the Director may, at his discretion,

(a) Dispense with the production of the certificate referred to in paragraph (h) of clause (2) of this regulation, -

(i) In any case where the narcotic is to be exported to a country whose laws do not provide for the issue of such a certificate; or

(ii) In any special case; and

(b) Require further information; and

(c) Subject thereto, and subject to such conditions and restrictions as he thinks fit, grant and issue to the applicant a licence in writing to export all or any of the narcotics specified therein to the person and the country specified therein.

(4) Any such licence shall be in such form as is prescribed and, if not prescribed, as the Director thinks fit.

Cf. S.R. 1955/38, r. 9 (N.Z.)

5. Ships and aircraft carrying narcotics as stores or through traffic - (1) Nothing in regulations 3 and 4 hereof shall apply to any narcotic supplied, by permission of the Director, to the master of any ship trading overseas, or to the person for the time being in charge of any aircraft so trading, in such quantities only as are authorised or required to be carried on that ship or aircraft by the country of registry of the ship or aircraft for medical stores for that ship or aircraft, or as are usually carried by that ship or aircraft for that purpose only.

(2) Nothing in regulations 3 and 4 hereof shall apply to the carriage through Western Samoa by ships or aircraft of narcotics whose destination is out of Western Samoa if such narcotics are accompanied by a copy of an export authorisation from the country from which they have been exported showing the nature, description, quantity and destination of such narcotics and if such narcotics correspond with the details shown in that export authorisation.

Cf. S.R. 1955/38, r. 9 (N.Z.)

6. Applications for licences to deal in narcotics - (1) Every person, other than an employee of the Western Samoa Government, who desires to obtain a licence under section 11 of the Act shall make application in writing to the Director in a form provided by the Director.

(2) Every such application shall include the following:

(a) The full name and address of the applicant;

(b) A statement that the applicant desires to deal in all narcotics or, if that is not the case, a statement specifying the narcotics in which he desires to deal;

(c) The nature of his business or calling, including the nature of his proposed dealing in narcotics;

(d) His qualifications for dealing in narcotics;

(e) The full address of his place of business; and

(f) A statement that section 12 of the Act does or does not apply to the applicant, with particulars if it does.

(3) Except in the case of a medical practitioner or a veterinary surgeon, a separate licence shall be necessary in respect of each place of business.

Cf. S.R. 1955/38, r. 13 (N.Z.)

7. Director may require further information - The Director may in any case require any applicant for a licence under regulation 6 hereof to furnish further information or evidence, by statutory declaration or otherwise, as to any matter set out in clause (2) of that regulation, or as to any other matter considered by the Director to be relevant to the granting of a licence.

Cf. S.R. 1955/38, r. 14 (1) (N.Z.)

8. Grant of licences to deal in narcotics - (1) The Director, if satisfied generally as to the propriety of an application under regulation 6 hereof, and, in the case of an applicant other than a corporate body, as to his character, shall, subject to the provisions of the Act and these regulations, subject to such conditions and restrictions as he thinks fit, and subject to the payment by the applicant of a fee of [$2], grant and issue to the applicant a licence in writing fully or partly to deal in all or specified narcotics.

(2) Any such licence shall be in such form as is prescribed and, if not prescribed, as the Director thinks fit.

Cf. S.R. 1955/38, rr. 14 (2), 15 (N.Z.)

9. Grant of such licences to Government employees - (1) Without the necessity for an application in writing or for the actual issue of a written licence, the Director may grant a licence under section 11 of the Act to any employee of the Government of Western Samoa.

(2) Every such licence shall be subject to such conditions and restrictions as the Director thinks fit, and shall be for the purpose of the licensee's duties as an employee of the Government, and not otherwise.

Cf. S.R. 1955/38, r. 21 (N.Z.)

10. Register of such licences - Particulars of every licence granted under regulation 8 or regulation 9 hereof shall be entered in a register kept for that purpose by a person appointed by the Director in that behalf.

Cf. S.R. 1955/38, rr. 14, 22 (N.Z.)

11. Duration and renewal of such licences - Unless sooner revoked under regulation 12 hereof, every licence granted under regulation 8 or regulation 9 hereof shall continue in force only until the 31st day of December following the date of its grant, but may be renewed for not more than one year at a time on payment of a renewal fee of [$2].

Cf. S.R. 1955/38, r. 19 (N.Z.)

12. Revocation of licences - (1) The Minister may at any time revoke the licence of any person licensed under these regulations-

(a) If that person is convicted of an offence against the Act or these regulations; or

(b) If the Minister is satisfied that that person has, without reasonable excuse, committed a breach of, or failed to comply with, any condition expressly or by implication contained in his licence; or

(c) If it appears to the Minister that the licence has been granted in error or through any misrepresentation or fraud, or has been granted, without his approval, to a person to whom, except with the approval of the Minister, no licence should be granted pursuant to section 12 of the Act; or

(d) If the licensee, being an employee of the Government of Western Samoa, is no longer so employed or is no longer employed in a capacity where the Government requires him to hold such a licence.

(2) A licence shall be revoked by a written notice of revocation under the hand of the Minister, either served personally on the licensee or left at or posted to his last known address in Western Samoa.

(3) Whenever a licence is revoked the Director shall cause the register required to be kept by regulation 10 hereof to be amended accordingly; and he may, in his discretion, cause notice of such revocation to be published in such manner as he thinks fit.

Cf. S.R. 1955/38, r. 24 (N.Z.)

13. Licences are personal - No licence granted under these regulations, and no right thereby conferred, shall be exercisable by any person other than the licensee, or be assigned, charged, or alienated to, or in favour of, or be capable of devolving upon, any person, whether by act of the parties or by operation of law.

Cf. S.R. 1955/38, r. 23 (N.Z.)

14. Licensee's register - Every licensee who is-

(a) Conducting a shop, store, trading post or warehouse; or

(b) Operating a pharmacy or other place for the dispensing of prescriptions; or

(c) So required in writing by the Director,-

shall keep a register of narcotics in a form complying with regulation 16 hereof and otherwise approved by the Director.

Cf. S.R. 1955/38, r. 25 (N.Z.)

15. Time of making entries in licensee's register - Every licensee required by regulation 14 hereof to keep a register of narcotics shall make in the register, legibly and indelibly, the entries relating to any dealing in a narcotic require by regulation 16 hereof, as far as practicable at the time the narcotic was dealt in and in any case not later than the ordinary business day next following the day of his dealing in that narcotic.

Cf. S.R. 1955/38, rr. 25, 27 (N.Z.)

16. Form of licensee's register and entries to be made therein - Every licensee's register of narcotics shall be in the form of a book of permanently bound pages, in which each page shall have entries referring to only one narcotic and one form of that narcotic, and shall set out, in respect every quantity of every narcotic received, made, purchased, sold, administered, dispensed, supplied or otherwise disposed of in any manner whatsoever,-

(a) The name and form of the narcotic;

(b) The date of each transaction;

(c) The name and if possible the address of the person from whom receive or to whom supplied;

(d) The quantity received or disposed of;

(e) The quantity remaining in stock; and

(f) Such other information as the Director may require. Cf. S.R. 1955/38, rr. 25, 26 (N.Z.)

17. Stocktakings - (1) Every licensee to whom regulation 14 applies shall-

(a) As at the close of business on the 30th day of June and the 31st day of December in every year; and

(b) As at the date on which he transfers the stock in his possession at the place where he carried on his profession, calling, or business to an other licensee,-

record the actual stock of all narcotics in his possession at that date, and prepare a quantity stock account covering the period since the previous stocktaking, and enter in the quantity stock account a proper explanation of any variation between the calculated balance and the actual stock.

(2) The stock record, quantity stock account, and explanation of variations shall be entered on the page of the licensee's register appropriate to the narcotic or form of narcotic to which the information refers, and shall be completed within 14 days after the date as at which stock is taken.

(3) Where any licensee transfers his stock to another licensee, the record of stock shall, as far as is practicable, be verified by affixing thereto the initials of both licensees.

Cf. S.R. 1955/38, r. 29 (N.Z.)

18. Location and duration of keeping records - Every licensee shall keep in a neat and orderly manner in some place of security at the premises at which he is for the time being licensed to deal in narcotics all records which he is required by these regulations to keep and shall so retain every record for a period of at least 3 years following the date of the last entry made therein:

Provided that if he ceases to hold a licence under these regulations he shall deliver such records to, or deposit them at a place approved by, the Director for custody, or after the expiration of the said period of 3 years, for destruction.

Cf. S.R. 1955/38, r. 30 (N.Z)

19. Inspection of records - Every licensee shall at all times in business hours permit any inspector or any commissioned officer or sergeant of Police to inspect the records required by these regulations to be kept and retained by him and to make copies of any entries appearing therein.

Cf. S.R. 1955/38, r. 30 (N.Z.)

As to Police, see s. 3 (3) of the Police Service Act 1977.

20. Prescription of narcotic - No person shall prescribe a narcotic for administration to any human being or animal unless he is a licensee approved in that behalf by the Director.

21. Order for narcotic - Subject to the provisions of the Act and these regulations no person shall order any narcotic unless he is a licensee.

22. Prescriptions and orders to be in writing or confirmed in writing, endorsed as to supply and retained - (1) Except in cases of urgency every prescription or order for a narcotic shall be in writing, be given by a licensee under these regulations, and be complete in all material particulars.

(2) Where in a case of urgency a prescription or order for a narcotic is given orally, the licensee giving such prescription or order shall, as soon as possible, reduce such prescription or order to writing complete in all material particulars, and, after endorsing it to the effect that it is intended only in confirmation of the oral prescription or order already given, deliver it to the person to whom such oral prescription or order was given.

(3) Every person who receives an oral prescription or order shall record it, and, if he does not receive a written prescription or order as aforesaid within 7 days, shall notify the Director in writing to that effect.

(4) Every person who supplies a narcotic pursuant to a prescription or order shall as soon as possible thereafter endorse that prescription or order with his name, the date of supply, and, if the quantity supplied differs from the quantity prescribed or ordered, with the quantity supplied, and shall retain that prescription or order for a period of at least 3 years from the date of supply.

Cf. S.R. 1955/38, rr. 33, 42, 43 (N.Z.)

23. False prescription or order - If a licensee has reasonable cause to believe that a prescription or order or any signature thereon is not genuine or has been altered by an unauthorised person he shall refuse to supply the narcotic and shall retain the prescription or order and forthwith notify the Director.

Cf. S.R. 1955/38, r. 41 (N.Z.)

24. Restrictions on supply, etc., of narcotics - No person shall supply, procure, or administer, or offer or attempt to supply, procure or administer any narcotic to or for any person who is not a licensee under these regulation regulations, except in the following cases:

(a) Where the narcotic is dispensed pursuant to a prescription conforms to regulation 22 hereof;

(b) Where the narcotic is supplied by way of dispensing by a licensee approved under these regulations to dispense his own medicines:

(c) Where the narcotic is administered by or under the direct person supervision or instruction of a medical practitioner, dentist veterinary surgeon licensed under these regulations;

(d) Where the narcotic is dispensed in cases of urgency under regulation 22 hereof;

(e) Where the narcotic is a preparation named or described in the Second Schedule to that Act and is supplied by a licensee;

(f) Where the narcotic is supplied to an employee of the Government for the purpose of investigating an offence or alleged offence or the prosecution of any person;

(g) Where the narcotic is supplied as a sample or for analysis under the Food and Drugs Act 1967;

(h) Where the narcotic is supplied to a person authorised in writing by the Director under section 8 or section 9 of the Act.

Cf. S.R. 1955/38, r. 45 (N.Z.)

25. Custody of narcotics - Every person in possession of a narcotic shall keep it in a locked cupboard or other place of safe custody to which unauthorised persons have no access.

Cf. S.R. 1955/38, r 46 (N.Z.)

MALIETOA TANUMAFILI II,
Head of State.

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THE NARCOTICS ACT ORDER 1972

I, MALIETOA TANUMAFILI II, Head of State, pursuant to and in exercise of the powers vested in me by section 5 of the Narcotics Act 1967, and acting on the advice of Cabinet, do hereby order-

That the First and Second Schedules to the Narcotics Act 1967 be changed to read as follows:

FIRST SCHEDULE

This Schedule has been reprinted as the First Schedule to the Narcotics Act 1967, where it appears in. this Reprint.

SECOND SCHEDULE

This Schedule has been reprinted as the Second Schedule to the Narcotics Act 1967, where it appears in this reprint.

Given under my hand at Apia this 8th day of August 1972.

MALIETOA TANUMAFILI II,
Head of State.

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