DRUG ENFORCEMENT & PREVENTION ACT

§101 - Introduction

An Act to establish, outline and explain provisions with regards to dangerous, harmful, prohibited or otherwise restricted drugs and matters relating, further covering temporary prohibitions therewith;

 

§102 - General Definitions

1. For the purposes of this law, and all references to this law, ‘Controlled Substance’  and all variations of such shall be defined as: 

   • Any substance, drug, compound or product as outlined in Schedule I, Part I-IV, or;

   • Any substance, drug, compound or product as outlined in any prior or forthcoming state legislation, provision or restriction with relation to the control, distribution, supply and enforcement of such an item.

 

2. For the purposes of this law, and all references to this law, “Temporarily Controlled Substance” and all variations of such shall be defined as:

   • Any substance, drug, compound or product as outlined in Schedule I, Part V, or;

   • Any substance, drug, compound or product as outlined in any prior or forthcoming state legislation, provision or restriction with relation to the control, distribution, supply and enforcement of such an item, or;

   • Any substance, drug, compound or product as outlined in any prior or forthcoming local legislation, provision or restriction with relation to the control, distribution, supply and enforcement of such an item.

 

3. For the purposes of this law, and all references to this law, ‘Category A Drug’ shall be defined as any substance, drug, compound or product as outlined in Schedule I, Part I of the act.

 

4. For the purposes of this law, and all references to this law, ‘Category B Drug’ shall be defined as any substance, drug, compound or product as outlined in Schedule I, Part II of the act.

 

5. For the purposes of this law, and all references to this law, ‘Category C Drug’ shall be defined as any substance, drug, compound or product as outlined in Schedule I, Part III of the act.

 

6. For the purposes of this law, and all references to this law, ‘Category D Drug’ shall be defined as any substance, drug, compound or product as outlined in Schedule I, Part IV of the act.

 

7. For the purposes of this law, and all references to this law, ‘Category T Drug’ shall be defined as any substance, drug, compound or product as outlined in Schedule I, Part V of the act.

 

8. For the purposes of this law, and all references to this law, “Possession” and all variations of such shall be defined as the act of knowingly or unknowingly having physical custody or control of an object.

 

9. For the purposes of this law, and all references to this law, “Distribution” and all variations of such shall be defined as: 

   • The act of delivering, selling, swapping, trading or transferring possession of an object, or;

   • Possession of said object to an amount of fifteen (15) grams or above shall constitute implied intent.

 

10. For the purposes of this law, and all references to this law, “Supplying” and all variations of such shall be defined as transferring possession of an object to enable distribution.

 

11. For the purposes of this law, and all references to this law, “Smuggling” and all variations of such shall be defined as: 

    • Transporting, importing or exporting an object across jurisdictions or otherwise, or;

    • Possession of said object to an amount of thirty-five (35) grams or above shall constitute implied intent.

 

12. For the purposes of this law, and all references to this law, “Trafficking” and all variations of such shall be defined as:

    • Transporting, importing or exporting across jurisdictions to enable the supply or distribution of an object.

    • Possession of said object to an amount of seventy-five (75) grams or above shall constitute implied intent.

 

13. For the purposes of this law, and all references to this law, “Manufacturing” and all variations of such shall be defined as compounding, converts, producing, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis

 

§103 - Short Title

1. For the purposes of this law, and all references to this law, it may be cited as “Drug Enforcement & Prevention Act” or  “DEPA 2020”.

§201 - Possession

1. Any person(s) found in possession of a Category A controlled substance shall be subject to a monetary fine of up to $4,500 and a term of imprisonment no greater than 20 hours.

 

2. Any person(s) found in possession of a Category B controlled substance shall be subject to a monetary fine of up to $3,750 and a term of imprisonment no greater than 15 hours.

 

3. Any person(s) found in possession of a Category C controlled substance shall be subject to a monetary fine of up to $3,000 and a term of imprisonment no greater than 10 hours.

 

4. Any person(s) found in possession of a Category D controlled substance shall be subject to a written warning or a monetary fine of up to $2,250.

 

5. Any person(s) found in possession of a Category T controlled substance shall be subject to a verbal or written warning, or a monetary fine of up to $500.

 

6. Any person(s) with a medical prescription for a controlled substance, as outlined within Title III, Chapter III of the Health & Safety Code of San Andreas (2020) may not be found guilty of the offence of possession under the act.

 

§202 - Distribution & Supply

1. Any person(s) found in possession of a Category A controlled substance with Intent to Distribute shall be subject to a monetary fine of up to $10,500 and a term of imprisonment no greater than 2 days.

   • Any person(s)  found in possession of a Category A controlled substance with intent to supply or enable distribution shall be subject to a monetary fine of up to $21,000 and a term of imprisonment no greater than 4 days.

 

2. Any person(s) found in possession of a Category B controlled substance with Intent to Distribute shall be subject to a monetary fine of up to $8,750 and a term of imprisonment no greater than 1 day.

   • Any person(s)  found in possession of a Category B controlled substance with intent to supply or enable distribution shall be subject to a monetary fine of up to $17,500 and a term of imprisonment no greater than 2 days.

 

3. Any person(s) found in possession of a Category C controlled substance with Intent to Distribute shall be subject to a monetary fine of up to $7,000 and a term of imprisonment no greater than 14 hours.

   • Any person(s)  found in possession of a Category C controlled substance with intent to supply or enable distribution shall be subject to a monetary fine of up to $14,000 and a term of imprisonment no greater than 20 hours.

 

4. Any person(s) found in possession of a Category D controlled substance with Intent to Distribute shall be subject to a monetary fine of up to $5,250 and a term of imprisonment no greater than 12 hours.

   • Any person(s)  found in possession of a Category D controlled substance with intent to supply or enable distribution shall be subject to a monetary fine of up to $10,500 and a term of imprisonment no greater than 16 hours.

 

5. Any person(s) found in possession of a Category T controlled substance with Intent to Distribute shall be subject to a monetary fine of up to $1,000 and a term of imprisonment no greater than 6 hours.

   • Any person(s)  found in possession of a Category T controlled substance with intent to supply or enable distribution shall be subject to a monetary fine of up to $2,000 and a term of imprisonment no greater than 10 hours.

 

§203 - Smuggling & Trafficking

1. Any person(s) found to be smuggling a Category A controlled substance shall be subject to a monetary fine of  $22,500  and a term of imprisonment no greater than 4 days.

   • Any person(s) found to be trafficking a Category A controlled substance shall be subject to a monetary fine of $45,000 and a term of imprisonment no greater than 7 days.

 

2. Any person(s) found to be smuggling a Category B controlled substance shall be subject to a monetary fine of  $18,750  and a term of imprisonment no greater than 3 days.

   • Any person(s) found to be trafficking a Category B controlled substance shall be subject to a monetary fine of $37,500 and a term of imprisonment no greater than 6 days.

 

3. Any person(s) found to be smuggling a Category C controlled substance shall be subject to a monetary fine of  $15,000  and a term of imprisonment no greater than 2 days.

   • Any person(s) found to be trafficking a Category C controlled substance shall be subject to a monetary fine of $30,000 and a term of imprisonment no greater than 5 days.

 

4. Any person(s) found to be smuggling a Category D controlled substance shall be subject to a monetary fine of  $11,250  and a term of imprisonment no greater than 1 day.

   • Any person(s) found to be trafficking a Category D controlled substance shall be subject to a monetary fine of $22,500 and a term of imprisonment no greater than 4 days.

 

5. Any person(s) found to be smuggling a Category T controlled substance shall be subject to a monetary fine of  $4,000 and a term of imprisonment no greater than 10 hours.

   • Any person(s) found to be trafficking a Category T controlled substance shall be subject to a monetary fine of $8,000 and a term of imprisonment no greater than 1 day.

 

6. Any person(s) in possession of more than 75 grams of narcotics shall be liable for additional penalties outlined in Penal Code 509. Drug Trafficking(F).

 

§204 - Manufacturing

1. Any person(s) found to be manufacturing a Category A controlled substance shall be subject to a monetary fine of $50,000 and a term of imprisonment no greater than 14 days.

 

2. Any person(s) found to be manufacturing a Category B controlled substance shall be subject to a monetary fine of $45,000 and a term of imprisonment no greater than 12 days.

 

3. Any person(s) found to be manufacturing a Category C controlled substance shall be subject to a monetary fine of $40,000 and a term of imprisonment no greater than 10 days.

 

4. Any person(s) found to be manufacturing a Category D controlled substance shall be subject to a monetary fine of $20,000 and a term of imprisonment no greater than 8 days.

 

1. Any person(s) found to be manufacturing a Category T controlled substance shall be subject to a monetary fine of $15,000 and a term of imprisonment no greater than 3 days.

§301 - Provisions

1. Temporary Prohibition Orders may be authorised by the State Governor by advice of the State Legislature for matters relating:

   • Public Health & Safety, or;

   • A newly synthesized compound or substance, or;

   • Any non FDA approved product.

 

2. Such a temporary order may only be used once per substance for a period of no greater than three (3) months in order to allow public and private consultations by the State Government with:

   • State & Federal Health Officials and Advisors

   • State & Federal Law Enforcement

   • National & International Scientific Bodies

   • National & International Academic Institutions

 

3. In such circumstances where the aforementioned consultations suggest that permanent categorization is necessary, the substance may remain a Category T substance until the Act is fully amended to include it within an appropriate category.

   • If such permanent categorization isn’t deemed necessary, then the State Governor may rescind the order earlier than the given date provided that a public notice of immediate effect is issued.

 

4. Notice must be given at least seventy-two (72) hours in advance of a Temporary Prohibition Order going into effect in the form of a widely publicly available media to alert the public that temporary prohibition shall be going ahead, such a notice shall include:

   • The name, manufacturer and common description of the substance being temporarily prohibited.

   • The date and time which the order is to go into effect, and the time which the order shall be. 

     • If the State deems it necessary to permanently categorize a substance, this must be given in a further public notice and the appropriate scientific advice must present.

     • Any person(s) has the right to appeal such a decision in the form of a Civil Petition to the State Judiciary. 

   • The contact details and/or locations of appropriate agencies in which  any person(s) may contact or visit in order to hand in said product

 

• Any person who takes reasonable steps to hand in a Category T substance shall not be prosecuted under the Act.

Part I - Category A

Controlled Substances under Category A are:

1. Benzylmorphine

2. Crack Cocaine

3. Cocaine

4. Heroin

5. Opium

6. 3d

 

Part II - Category B

Controlled Substances under Category B are:

1. Amphetamines

2. Ketamine

3. Methamphetamine

4. Lysergic Acid Diethylamide (LSD)

5. Shrooms

 

Part III - Category C

Controlled Substances under Category C are:

1. Methadone

2. Morphine

3. Oxycodone

4. Any other Medically Prescribed Controlled Substance

 

Part IV - Category D

Controlled Substances under Category D are:

1. Ecstasy

 

Part V - Category T

Controlled Substances under Category T are:

1. None at Present