Powers of search & seizure
The Police, having reasonable grounds to suspect that any person is in possession of a Controlled Drug in contravention of the Drug Abuse Prevention & Control Act, Chapter 3 of the 1992 Revised Laws of Grenada or any regulation, may without warrant:
v Search that person and detain him for the purpose of searching him;
v Search any vehicle/vessel in which he suspects that drugs may be found and for that purpose require that person to stop the vehicle/vessel.
v Seize and detain for the purpose of any proceedings under the act anything found in the course of the search which appears to the officer to be evidence of an offence under the Act.
Definition of “Controlled Drug” – any narcotic drug e.g. cannabis, cocaine, opium, or any psychotropic substances.
- The following are the offences under the Drug Abuse Prevention and Control Act: –
- Importation or exportation of a controlled drug
- Production or being concerned in the production of a controlled drug
- Supplying or offering to supply a controlled drug to another or being concerned in the doing of either activity by another
- Having possession of a controlled drug
- Having possession of a controlled drug with intent to supply it to another
- Handling a controlled drug
- Misusing a controlled drug
- Having possession of any pipe, equipment or apparatus intended for use in connection with misuse of a controlled drug
- Doing an act preparatory to the commission of an offence
- Cultivation of cannabis plant, coca plant or opium poppy
- Being the occupier or concerned in the management of the premises and permitting or suffering certain illegal activities to take place there
- Bringing controlled drugs into Grenada in transit
- Removing controlled drugs from conveyance by which it is brought into Grenada in transit without licence
- Tampering with controlled drugs in transit
- Diversion of controlled drugs without certificate
- Trafficking in a controlled drug; offering to traffic in a controlled drug
- Assisting another to retain the benefit of drug trafficking
- Supplying, offering to supply or doing or offering to do an act preparatory to the supply of a substance
Mode of Prosecution
Summary: Triable by a magistrate
Indictable: Triable by judge & jury
On summary conviction for any of the offences mentioned above the punishment is a fine of two hundred and fifty thousand dollars ($250,000), or imprisonment for five (5) years, or both.
On Indictable conviction for any of the offences mentioned above the punishment is a fine of five hundred thousand dollars (500,000), or imprisonment for twenty (20) years, or both, except in the case of trafficking a controlled drug, which is imprisonment for life.
Laws relating to children (fourteen years and under):
q Having possession of a controlled drug in, or within a radius of one hundred yards of, school premises.
q Having possession of a controlled drug in, or within a radius of one hundred yards of, school premises with intent to supply it to another.
Both offences on summary conviction carry a punishment of a fine of two hundred and fifty thousand dollars ($250,000), and imprisonment for seven (7) years and an indictable punishment of Imprisonment for life.
Law Enforcement Part VIII
35. (1) A member of the Police Force or other person authorized in that behalf by a general of special order of the Minister shall, for the purposes of the execution of this Act, have power to enter the premises of a person carrying on business as a producer or supplier of any controlled drugs and to demand the production of, and to inspect, any books or documents relating to dealings in any such drugs and to inspect any stocks of any such drugs.
(2) If a magistrate or justice of the peace is satisfied on information on oath that there is reasonable ground for suspecting that there is in any place or premises an article liable to seizure, he may grant a search warrant authorizing any member of the Police Force named in the warrant, at any time within one month from the date of the warrant, to enter, if need be by force, the place or premises named in the warrant and to search the place or premises and to seize and detain anything which appears to the member of the Police Force to be an article liable to seizure.
(3) A person is guilty of an offence if he –
(a) Intentionally obstructs a person in the exercise of his powers under this section; or
(b) Conceals from a person acting in the exercise of his powers under subsection (1) any such books, documents, stocks or drugs as are mentioned in that subsection; or
(c) Without reasonable excuse (proof of which shall lie on him) fails to produce any such books or documents as are so mentioned where their production is demanded by a person in the exercise of his powers under that subsection.
(4) In this section – “articles liable to seizure” means –
(a) Any controlled drug in respect of which an offence is being or has been committed; any money or thing liable to forfeiture under this Act;
(b) Any thing, which is or contains evidence of an offence under this Act or a corresponding law.
(5) Any controlled drug in respect of which an offence under this Act is being or has been committed shall, with effect from the seizure thereof, be forfeited to the Crown (state).
Have a concern??????????
Call us at 1-473-440-3764 or 440-3999 ext. 114 & 140
E-Mail us @ firstname.lastname@example.org
Or visit us at Police Headquarters, Fort George, St. George’s.
Submitted by the Royal Grenada Police Force