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Sri Lanka Legislation
Pertaining to drugs
1. Laws Regulating and
controlling Drugs
The poisons, Opium and
Dangerous Drugs Ordinance of 1935 which has undergone many amendments,
most recently in 1984 ( Act no. 13) is the Principal statutory
enactment regulating poisons, opium and dangerous drugs in the
country.
Other statutes with provisions
relating to drugs include:
1. The Penal Code ( Ordinance
no. 2 of 1983 as subsequently amended) in particular Chapter 14 which
covers public health and safety.
2. The Cosmetics, Devices and
Drugs Act ( Act no.27 of 1980, as amended by Act no 38 of 1984) The
Act regulates manufacture, sale and distribution, Labeling and
advertising of all commercial drugs.
3. The Ayurveda Act ( Act no.
31 of 1961 as amended by Act no 5 of 1962) entitles ayurvedic physicians
to obtain opium and ganja for manufacturer of their medicinal
preparations.
4. The Customs Ordinance (
Ordinance no. 17 of 1869, as subsequently amended ) schedule B of
this ordinance contains lists of substances with prohibitions and
restrictions on both import & export.
2. Drug Related Acts or Behaviors
Considered a Crime
The Standard drug
associated arrests are for trafficking, sale and possession. Under
the Poisons, Opium and Dangerous Drugs Ordinance acts considered
crimes include possession, consumption and manufacture of illicit
drugs (including any process in producing ,refining or transforming
them). Also it is a crime to sell, give, obtain, procure, store,
administer, transport, send, deliver, distribute, traffic, import or
export such drugs and aid or abet in the commission of such
offences. 3.
Punishments The
penalties for drug offences now range from fines to death or life
imprisonment. The penalty of death (which Sri Lankan courts have interpreted
as non-mandatory) or life imprisonment accrues for manufacture of
heroin, cocaine, morphine or opium and the trafficking, possession,
import or export of a minimum amount of (a) 500 grammes of heroin.
(b) 3 grammes of morphine (c) 2 grammes of cocaine or (d) 2 grammes
of heroin. Less severe offences including the regulatory ones
warrant sentences of fines or imprisonment, the amount of the fine
or the length of imprisonment depends on the quantity of
drug, the gravity of the offence and the courts having jurisdiction.
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