Act 9
Penal Code Act
2008
(5) A Court sentencing a person under subsection (2)(a) shall
not order that the operation of the whole or any part of the
sentence be suspended.
384. Unlawful Possession or use of Dangerous Drugs.
(1) A person commits the offence of unlawfully possessing or
using a dangerous drug, if he or she unlawfully—
(a) acquires or possesses a dangerous drug;
(b) ingests, smokes or otherwise consumes a dangerous
drug; or
(c) cultivates, produces or manufactures a dangerous drug
for his or her own consumption.
(2) A person who commits the offence of unlawfully
possessing or using a dangerous drug and, subject to
subsection (3), below, upon conviction, shall be sentenced
to imprisonment for a period not exceeding five years or
with a fine or with both.
(3) Where a person is convicted of the offence of unlawfully
possessing or using a dangerous drug, and it is established that
the person is an abuser or an addicted to a dangerous drug, the
Court may, additionally or alternatively to any sentence under
subsection (1), above, impose a sentence requiring the person
to undergo treatment for such addiction.
385. Permitting Premises to be used for the unlawful Dealing in
or use of Dangerous Drugs.
(1) Whoever—
(a) being the occupier of any premises, permits such
premises to be used for purpose of the unlawful
cultivation, manufacture, sale, supply, storage or
consumption of a dangerous drug; or
(b) is concerned in the management of any premises used
for any purpose referred to in paragraph (a), above,
192
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