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Trading in Narcotic Drugs and Psychotropic Substances
The legislator gave great attention to the issues of narcotic drugs and psychotropic substances due to their destructive effect on the individual and society, and has dealt with these materials with strict and precise restrictions so these materials shall not to be misused or traded in other than its special cases.
All the activities related to narcotic drugs and psychotropic substances are prohibited, however it may be allowed if used for scientific research and health and hospital purposes.
As states in Article No. (17) of the Federal Law No. 14 of 1995 on the Countermeasures against Narcotic Drugs and Psychotropic Substances and it amendments:
“With due regard to the provision of Article 6, trading in narcotic drugs or psychotropic substances may only be permitted after a written license is obtained from the Competent Administrative Authority. In this regard, the provisions of articles 11, 12, 13, 14 and 15 of the present Law shall apply.”
The aforementioned Article is explaining the permissibility of trafficking in narcotic and psychotropic substances for legitimate purposes after obtaining a license from the competent administrative authority, which is determined by a decree of the Minister of Health, as the aforementioned Article has revealed the necessity of paying attention to Article No. 11, 12, 13, 14 & 15 where Article No. (11) states that “The authorization may only be granted to the following entities: (1) Government bodies and recognized institutes; (2) State or licensed hospitals, clinics and sanatoriums; (3) Licensed chemical analysis laboratories or medical, scientific and industrial research laboratories; (4) Licensed medicine storehouses and others”. Article No. (12) states that: “ The authorization may not be granted to A person convicted of an offence involving breach of honor or trust and sentenced to deprivation of liberty or flagellation. Article (13) states that: “Narcotic drugs or psychotropic substances that arrive at Customs may be delivered only against a written withdrawal permit signed by the director responsible for the entity licensed to import”. Article (14) states that: “the narcotic drugs or psychotropic substances may be imported, in insured parcels. The packages must bear, in addition to the name and address of the addressee, the name and quantity of the material and the name and address of the sender in full.”
Article No. (15) requires that The Competent Administrative Authority shall establish a special register and shall record therein the permits issued for the importation or exportation of narcotic drugs or psychotropic substances. The register must include the info of the licensed person, date and number of the authorization, Types and quantities of the materials, the place where the materials are to be deposited.
Article No. (18) states that “The entity licensed to trade in narcotic drugs or psychotropic substances must employ a pharmacist to be responsible for these materials”.
In addition, the law requires the director of the licensed entity to trade in narcotic drugs or psychotropic substances a set of measures and measures. The aim is to preserve the narcotic substances and psychotropic substances and to ensure that they do not fall into the hands of those who misuse them.
1- The license`s holder`s obligation is to inform the competent administrative authority within maximum of fifteen days about changing the place of his industrial or commercial activity or leaving the works for which the license is granted. As stated in Article (19): “If the holder of the license changes his place of industrial or commercial activity or leaves the business for which he was granted the license, he must inform the Competent Administrative Authority within 15 days at the latest from the date of change or of leaving the business. In the case of leaving the business, he must return the license to the Authority.”
2- The Head of the licensed entity is obligated to prepare register to record the substances received and dispended of which mentioned in Schedules No. (3), (6), (7) & (8) annexed to the Law as states in Article No. (21): “The Director of an entity licensed to trade in narcotic drugs or psychotropic substances shall prepare a register to enter, consecutively on the same day, what is received and dispensed of the substances listed in Schedules 3, 5, 6, 7 and 8, annexed to this Law. The pages of the register must be numbered and stamped with the seal of the Competent Administrative Authority before utilization.
3- The Head of the licensed entity is obligated to send by registered mail to the Competent Administrative Authority, within the first week of each month, a statement signed by him of the substances mentioned at the schedules No. 3, 6, 7 & 8 as states in Article No. 22: “The Director of an entity licensed to trade in narcotic drugs or psychotropic substances must send by registered mail to the Competent Administrative Authority, within the first week of each month, a detailed statement signed by him indicating the amounts received and dispensed of the substances listed in Schedules 3, 6, 7 and 8, annexed to this Law, as well as the remaining stock of such substances until the end of the previous month.”
It is worth noting that the sell and purchase procedures of the narcotic drugs and psychotropic substances shall be done through a resolution issued by the Minister of Health as indicated in Article No. 23: “The Minister of Health shall issue a decision indicating the procedures and modality concerning the sale, delivery and relinquishment of narcotic drugs or psychotropic substances, as well as the information required to be recorded in the register and statement referred to in the two preceding articles.”