Misuse of Drugs (Bailiwick of Guernsey) Law, 1974

Summary

This is the consolidated text of Guernsey's primary criminal statute on controlled drugs, in force since 1974 and amended numerous times through 2022. It establishes the classification system for controlled drugs and creates the core criminal prohibitions and enforcement powers relating to their importation, production, supply, possession and cultivation. It is included in this knowledgebase because drug trafficking offences under this Law are commonly used as predicate offences for money laundering and related AML/CFT purposes.

• Drug classification: Controlled drugs are classified as Class A, B or C in the First Schedule; the responsible Committee (originally the Board of Health, now the Committee for Health and Social Care) may amend this Schedule by Order.
• Core prohibitions: Prohibits importation and exportation of controlled drugs, their production and supply, possession, and cultivation of the cannabis plant, subject to exceptions for holders of licences or authorisations.
• Licensing exceptions: Activities otherwise unlawful can be authorised through licences issued by the Committee for Health and Social Care, subject to compliance with licence conditions.
• Premises and practitioner controls: Occupiers of premises can be liable for knowingly permitting prohibited drug activities; the Committee can direct special custody precautions and can prohibit practitioners, pharmacists and others from prescribing or supplying controlled drugs in specified circumstances.
• Enforcement powers: Provides powers of search, seizure and arrest, offences by corporations, forfeiture of drugs and related property, and defences (including lack of knowledge and acting to prevent an offence or deliver drugs to lawful custody).

The Law is general criminal legislation of the Bailiwick of Guernsey rather than a sector-specific financial services rulebook; it does not itself impose ongoing filing or reporting obligations on regulated financial entities, but its offences (particularly trafficking-type conduct) are relevant where AML/CFT frameworks reference predicate drug offences.

Key obligations

• Persons importing, exporting, producing, supplying or possessing controlled drugs must have and comply with the terms and conditions of a licence or authorisation issued by the Committee for Health and Social Care, or the activity is unlawful and an offence.
• Occupiers or persons concerned in the management of premises must not knowingly permit prohibited activities (production, supply, use, opium-related activities) to take place there.
• Practitioners, pharmacists and others subject to a direction under sections 11 to 15 must comply with restrictions on prescribing, supplying or possessing controlled drugs.
• Persons taking possession of a controlled drug to prevent an offence or to deliver it to lawful custody must act as soon as possible to destroy it or deliver it to a person lawfully entitled to take custody, to rely on the statutory defence.

Applies to

licensees under the Law (importers, exporters, producers and suppliers of controlled drugs), medical practitioners, pharmacists, occupiers and managers of premises, persons in possession of controlled drugs

Related documents

• Drug Trafficking (Bailiwick of Guernsey) Law, 2000 amends this document
• Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003 (Consolidated text) amends this document