Dangerous Drugs Act, 1934

PART IV.

Morphine, Cocaine and Certain Other Drugs.

Drugs to which Part IV applies.

17.—(1) Subject to the provisions of this section, this Part of this Act applies to the following drugs, that is to say:—

(a) medicinal opium;

(b) any extract or tincture of Indian hemp;

(c) morphine and its salts, and diacetylmorphine (commonly known as diamorphine or heroin) and the other esters of morphine and their respective salts;

(d) cocaine (including synthetic cocaine) and ecgonine and their respective salts, and the esters of ecgonine and their respective salts;

(e) any solution or dilution of morphine or cocaine or their salts in an inert substance whether liquid or solid, containing any proportion of morphine or cocaine, and any preparation, admixture, extract or other substance (not being such a solution or dilution as aforesaid) containing not less than one-fifth per cent. of morphine or one-tenth per cent. of cocaine or of ecgonine;

(f) any preparation, admixture, extract or other substance containing any proportion of diacetylmorphine;

(g) dihydrohydroxycodeinone, dihydrocodeinone, dihydromorphinone, acetyldihydrocodeinone, dihydromorphine, their esters and the salts of any of these substances and of their esters, morphine-N-oxide (commonly known as genomorphine), the morphine-N-oxide derivatives, and any other pentavalent nitrogen morphine derivatives;

(h) thebaine and its salts, and (with the exception of methylmorphine, commonly known as codeine, and ethylmorphine, commonly known as dionin, and their respective salts) benzylmorphine and the other ethers of morphine and their respective salts;

(i) any preparation, admixture, extract or other substance containing any proportion of any of the substances which are, by virtue of paragraph (g) or paragraph (h) of this sub-section, drugs to which this Part of this Act applies;

(j) such other drugs as may be declared by order of the Executive Council made under this section to be drugs to which this Part of this Act applies.

(2) If it appears to the Executive Council that any new derivative of morphine or cocaine or of any salts of morphine or cocaine or any other alkaloid of opium or any other drug of whatever kind is, or is likely, if improperly used, to be productive of ill-effects substantially of the same character or nature as or analogous to those produced by morphine or cocaine, or is capable of being converted into a substance which is, or is likely, if improperly used, to be productive of such ill-effects, the Executive Council may by order under this sub-section declare that such new derivative, alkaloid, or other drug shall be a drug to which this Part of this Act applies.

(3) If it appears to the Executive Council that a finding with respect to any preparation containing any drug to which this Part of this Act applies has in pursuance of Article 8 of the Geneva Convention, 1925, been communicated by the Council of the League of Nations to the parties to the said Convention, the Executive Council may by order under this sub-section declare that as from such date as may be specified in such order such preparation shall cease to be a drug to which this Part of this Act applies, and whenever any such order is made in relation to any such preparation, such preparation shall, so long as such order is in force, not be a drug to which this Part of this Act applies.

(4) The Executive Council may revoke an order previously made under sub-section (2) or sub-section (3) of this section.

(5) For the purposes of this section the following provisions shall have effect, that is to say:—

(a) the word “ecgonine” means lævo-ecgonine and includes any derivatives of ecgonine from which it may be recovered industrially;

(b) the percentage in the case of morphine shall be calculated as in respect of anhydrous morphine;

(c) percentages in the case of liquid preparation shall, unless other provision in that behalf is made by regulations made by the Minister under this Act, be calculated on the basis that a preparation containing one per cent. of any substance means a preparation in which one gramme of the substance, ifsolid, or one millilitre of the substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion for any greater or less percentage.