THE NARCOTICS DRUG AND PSYCHOTROPIC SUBSTANCE LAW

By /

THE NARCOTICS DRUG AND
PSYCHOTROPIC SUBSTANCE LAW
(27-January-93)



 Section



 Description



 Punishment

 15

 Failure to register for
medical treatment		 3 years imprisonment in
minimum, 5 years in maximum

 16

 Cultivation, processing,
transportation, distribution, transmission, transfer, forced to cause
abuse, misbehaviour on the exhabits of narcotic drugs and psychotropic
substances.		 5 years imprisonment in
minimum, 10 years in maximum and may also be liable to a fine.

 17

 Responsible person from
the bank and financial institution who is transfering of accounts,
causing to disappear, altering and amending financial records, refusing
to allow to inspect the relevant financial records, returning and
transferring without the permission.		 5 years imprisonment in
minimum, 10 years in maximum and may also be liable to a fine.

 18

 Bribery and Corruption 5 years imprisonment in
minimum, 10 years imprisonment in maximum and may also be liable to a
fine.

 19

 Possessing or trafficking
for sale		 10 years imprisonment in
minimum, unlimited period of imprisonment in maximum

 20

 Production, distribution,
sale, import and export		 15 years imprisonment in
minimum, unlimited period of imprisonment in maximum or death.

 21

 Abetment (attempts,
conspires, organizes, administers, or provides financial assiatance to
commit offence)		 Punishment provided in
this law for such offence

 22

  Conviction (guilty
of sections of 16 to 21)		 After a prior conviction
for the same offence be liable to the maximum punishment provided for
such offence.

ADVANAGEOUS FACTS ON THE
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES LAW 1993

  1.  

  2. The Central Committee for Drug Abuse Control (CCDAC) and its working
    Committees and sectors are organized and assigned duties and functions by
    legal power.
  3. The provisions in the new law are in line with the 1988 UN Convention.
  4. Possession and trafficking of Psychotropic Substances, Paraphernalia and
    Chemical Precursors are Prohibited.
  5. Directing on drug related Money Laundering and Finicial Investigation
    authority lies proceeds, property, money, etc., (i.e. seize, freeze,
    confiscation or forfeiture of assests, proceeds, property, money, etc.,
    derived from the drug offences)
  6. The responsible persons from the bank and finicial institution who is
    guilty of any of the acts in respect of money, property and benefits
    involved in an offence under this law by transferring the accounts, causing
    to disappear, altering and amending or refusing to allow to inspect, search
    or seize or returning and transfeerring withour permission of the court or
    CCDAC, shall be punished with imprisonment of 5 years in minimum and 10
    years in maximum and fine.
  7. Whoever, is guilty of the acts provided in this law shall, sfter prior
    conviction for the same, be liable to the maximum punishement.
  8. The provision of the habitual offender’s restriction to be obligated by
    the court.
  9. Medical Treatment centers can be estiblished not only by the Government
    Organizations, but also the NGOs and private cantres, recognized by the
    Ministry concerned.
  10. Deterrent Punishment on production, sale trafficking, export, import,
    conspiracy, using arms, children and power of a public servant.
  11. Narcotics and Dangerous Drugs Law, 1974 is repealed.

     

NOTIFIED NARCOTIC DRUGS,
PSYCHOTROPIC SUBSTANCES AND CHENIICAL PRECUSORS

Under the Narcotic drugs and Psychotropic Substance Law, the Govermnent of
Myanmar had notified as 125 Narcotic Drugs, psychortropic substances and 6
chemical precusors as follows:

Narcotic Drugs

  1. Opium and derivatives
  2. Cocaine
  3. Marijuana
  4. Codeine containing cough medicines and etc.,

Psychotropic Substances

  1. Amphetamine
  2. Barbiturate
  3. Dexamphetamine
  4. Lysergide (LSI))
  5. Mescaline (Peyote Cactus)
  6. Methamphetamine
  7. Methaqualone
  8. Psilocybine
  9. DET, DMPT, DMT, STP, DONI, SI’A and etc.,

Chemical Precusors

  1. Acetic Anhydride
  2. Acetone
  3. Anthranilic acid
  4. Ethyl ether
  5. Phenylacetic acid
  6. Piperdine

LIMITATION OF WEIGHT

Whoever possesses of transports, transmits or transfers any of the following
narcotic drug or psychotropic substance of the weight, volume or quantity or in
excess of the weight, volume or quantity shown against each shall be deemed to
possess for the purpose of sale and transport, transmit or transfer for the
purpose of sale:-

  • in the case of heroin – 3 gm
  • in the case of morphine – 3 gms
  • in the case of monoacetyl morphine – 3 gms
  • total of the narcotic drugs contained in sub sections (a),(b),(c) or total
  • of two types of the said three – 3 gms
  • in the case of crude opium or processed opium or total of the two – 3 gms
  • in the case of cannabis or cannabis resin or total of the two – 25 gms
  • in the case of coca leaf – 100 gms
  • in the case of cocaine – 3 gms
  • the weight, volume or quantity which the Ministry of Health has, by
    notification
  • from time to time prescribed for any narcotic-drug or psychotropic
    substance.