MISUSE OF DRUGS AMENDMENT ACT 2010 (NO. 44 OF 2010) - SECT 4

MISUSE OF DRUGS AMENDMENT ACT 2010 (NO. 44 OF 2010) - SECT 4

4 .         Section 5 amended

                After section 5(2) insert:

        (3)         A person does not commit a simple offence under subsection (1)(d) by reason only of his having in his possession a pipe or utensil if he proves —

            (a)         that he had possession of the pipe or utensil —

                  (i)         only for the purpose of delivering it to a person authorised under this Act or the Poisons Act 1964 to have possession of any prohibited drug or prohibited plant in or on it; and

                  (ii)         in accordance with the authority in writing of the person so authorised,

                and that, after taking possession of the pipe or utensil, he took all such steps as were reasonably open to him to deliver it into the possession of that person; or

            (b)         that he had possession of the pipe or utensil only for the purpose of analysing material in or on it, examining it or otherwise dealing with it for the purposes of this Act in his capacity as an analyst, botanist or other expert.