Drugs and drug trafficking act



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Wording of Sections
All preparations or mixture of such substances containing or purporting to contain substances referred to in this Schedule include the following (unless expressly excluded or unless listed in another Schedule):
(i)

the isomers of such substances, where the existence of such isomers is possible within the chemical designation;

(ii)

the esters and ethers of such substances and of the isomers referred to in (i), as well as the isomers of such esters and ethers, where the existence of such isomers of esters and ethers is possible;



(iii)

the salts of such substances and of the isomers referred to in (i), as well as the salts of the esters, ethers and isomers referred to in (ii), where the existence of such salts is possible;

(iv)


the isomers of any of the salts referred to in (iii), where the existence of such isomers is possible;

(v)


all preparations and mixtures of any of the above.

Amphetamine and its salts; preparations thereof. (S7)


Dexamphetamine and it salts; preparations thereof. (S7)
Nabilone. (S7)
Wording of Sections

sch 8 of Act 101 of 1965 prior to amendment by GN 225 of 17

sch 8 of Act 101 of 1965 prior to amendment by Act 90 of 1997
Schedule 9
[Schedule 9 added by s. 36 of Act No. 65 of 1974, substituted by Government Notices No. R.420 of 7 March, 1975, No. R.2244 of 28 November, 1975, No. R.575 of 2 April, 1976 and No. R.2082 of 5 November, 1976, amended by Government Notices No. R.437 of 1 April, 1977, No. R.2416 of 12 November, 1982 and No. R.1289 of 14 June, 1985, substituted by Government Notice No. 225 of 17 February, 1989, amended by Government Notice No. R.775 of 7 May, 1993, repealed, and subsequently reinserted (after amendment), by s. 21 of Act No. 94 of 1991 and repealed by s. 27 of Act No. 90 of 1997.]
Wording of Sections

Wording of Sections

sch 9 of Act 101 of 1965 prior to amendment by GN 225 of 17

sch 9 of Act 101 of 1965 prior to amendment by Act 90 of 1997


DRUGS CONTROL AMENDMENT ACT

NO. 29 OF 1968


[ASSENTED TO 26 MARCH, 1968]

[DATE OF COMMENCEMENT: 3 APRIL, 1968]


(Unless otherwise indicated)
(English text signed by the Acting State President)

This Act was published in Government Gazette 2032 dated 3 April, 1968.

ACT


To amend the Drugs Control Act, 1965, so as to enable the Drugs Control Council to determine from time to time which drugs shall be subject to registration; so as to provide for the classification of drugs into classes or categories, for the cancellation of the registration of any drug in respect of which prescribed annual fees have not been paid and for prescribing such fees; and to provide for matters incidental thereto.
1. (1) Substitutes section 14 of the Drugs Control Act, No. 101 of 1965.
(2) Any regulation promulgated under section 35 (1) (c) of the principal Act and in force immediately prior to the date of commencement of this Act shall for the purposes of the principal Act as amended by this Act be deemed to be a resolution of the Drugs Control Council taken and published in the Gazette under section 14 (2) of the principal Act as substituted by subsection (I) of this section on the date of commencement of such regulation .
2. Amends section 15 of the Drugs Control Act, No. 101 of 1965, by substituting in subsections (10) and (11) the expression “subsection (3)” for the expression “subsection (2)”.
3. Amends section 16 of the Drugs Control Act, No. 101 of 1965, by substituting subsection (4).
4. Amends section 17 (2) of the Drugs Control Act, No. 101 of 1965, by substituting the expression "subsection (3)” for the expression “subsection (2)” where it occurs for the first time.
5. Amends section 35 of the Drugs Control Act, No. 101 of 1965, as follows:—paragraph (a) substitutes subsection (1) (c) (date of commencement 1 April, 1966); paragraph (b) substitutes subsection (4) (c); and paragraph (c) inserts subsection 6A (date of commencement 1 April, 1966).
6. Short title.—This Act shall be called the Drugs Control Amendment Act, 1968.

DRUGS CONTROL AMENDMENT ACT

NO. 88 OF 1970
[ASSENTED TO 1 OCTOBER, 1970]

[DATE OF COMMENCEMENT: 21 OCTOBER, 1970]


(Afrikaans text signed by the State President)

This Act was published in Government Gazette 2897 dated 21 October, 1970.

ACT



To amend the Drugs Control Act, 1965, in relation to the making of regulations in connection with the advertising of drugs.
1. Amends section 35 (1) of the Drugs Control Act, No. 101 of 1965, by substituting paragraph (i).
2. Short title.—This Act shall be called the Drugs Control Amendment Act, 1970.

DRUGS LAWS AMENDMENT ACT

NO. 95 OF 1971
[ASSENTED TO 18 JUNE, 1971]

[DATE OF COMMENCEMENT: 6 DECEMBER, 1971


(English text signed by the State President)

This Act has been updated to Government Gazette 4445 dated 16 October, 1974.


as amended by


Medical, Dental and Supplementary Health Service Professions Act, No. 56 of 1974

ACT
To amend the provisions of the Medical, Dental and Pharmacy Act, 1928, relating to the definition of habitforming drugs and potentially harmful drugs; to empower the Minister to authorize certain categories of persons to perform certain acts in relation to potentially harmful drugs; to amend the provisions of the Drugs Control Act, 1965, relating to the making of regulations in connection with the advertising of drugs; and to provide for incidental matters.


1 to 6 inclusive . . . . . .
[Ss. 1 to 6 inclusive repealed by s. 64 of Act No. 56 of 1974.]
Wording of Sections
Wording of Sections

s 1, s 6 of Act 95 of 1971 prior to amendment by Act 56 of 1974


7. Amends section 35 (1) of the Drugs Control Act, No. 101 of 1965, by substituting paragraph (i).



8. Short title and commencement.—This Act shall be called the Drugs Laws Amendment Act, 1971, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.

DRUGS CONTROL AMENDMENT ACT

NO. 65 OF 1974
[ASSENTED TO 23 OCTOBER, 1974]

[DATE OF COMMENCEMENT: 21 FEBRUARY, 1975]


(English text signed by the State President)

The Government Gazette information for this Act is currently being researched and will be updated as soon as it becomes available.



ACT
To amend the Drugs Control Act, 1965, so as to replace or define or further define certain expressions; to substitute the appellation “medicine” for the appellation “drug” in the English text, and to effect certain textual changes in that text arising out of such substitution; to further regulate the control of medicines; to further regulate the constitution of the Medicines Control Council and the remuneration of its members, of the members of its committees and of the members of the Medicines Control Appeal Board; to provide for the control of Scheduled substances; to make new provision for inspectors, analysts, pharmacologists and pathologists considered necessary for the proper enforcement of the said Act; and to effect a change in relation to the power to make regulations; and to provide for matters connected therewith.
1. (1) Substitutes section 1 of the Drugs Control Act, No. 101 of 1965.
(2) Any reference, in any law or elsewhere, to a drug as defined in section 1 of the principal Act prior to the substitution thereof by subsection (1) of this section, shall be deemed to be a reference to a medicine as defined in the said section 1 as so substituted.
2. (1) Substitutes section 2 of the Drugs Control Act, No. 101 of 1965.
(2) The Drugs Control Council established by section 2 of the principal Act prior to the substitution thereof by subsection (1) of this section, shall for all purposes be deemed to be and at all times to have been the Medicines Control Council referred to in the said section 2 as substituted by the said subsection (1), and any reference in any law or elsewhere to the Drugs Control Council shall be construed accordingly.



3. Amends section 3 of the Drugs Control Act, No. 101 of 1965, as follows:—paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (2) (a); paragraph (c) substitutes in subsection (2) (c) the word “medicines” for the word “drugs”; and paragraph (d) substitutes subsection (2) (d).
4. (1) Amends section 4 of the Drugs Control Act, No. 101 of 1965, by substituting subsection (4).
(2) Notwithstanding the provisions of section 4 (1) of the principal Act, any person who is at the commencement of this Act a member of the council referred to in that section, shall vacate his office as such on a date fixed by the State President by proclamation in the Gazette.
5. Amends section 6 of the Drugs Control Act, No. 101 of 1965, as follows:—paragraph (a) substitutes subsection (1) (b); paragraph (b) substitutes subsection (1) (c); paragraph (c) substitutes subsection (2) (c); and paragraph (d) substitutes subsection (4).
6. Amends section 7 of the Drugs Control Act, No. 101 of 1965, by substituting subsection (2).
7. Amends section 9 of the Drugs Control Act, No. 101 of 1965, by substituting subsection (4).
8. (1) Substitutes section 10 of the Drugs Control Act, No. 101 of 1965.
(2) The Drugs Control Appeal Board established by section 10 of the principal Act prior to the substitution thereof by subsection (1) of this section, shall for all purposes be deemed to be and at all times to have been the Medicines Control Appeal Board referred to in the said section 10 as substituted by the said subsection (1), and any reference in any law or elsewhere to the said Drugs Control Appeal Board shall be construed accordingly.
9. Amends section 11 of the Drugs Control Act, No. 101 of 1965, as follows:—paragraph (a) substitutes subsection (1) ( f ); paragraph (b) substitutes subsection (1) (g); paragraph (c) substitutes subsection (2) (c); and paragraph (d) substitutes in subsection (4) the word “medicine” for the word “drug” wherever it occurs.
10. (1) Substitutes section 12 of the Drugs Control Act, No. 101 of 1965.
(2) (a) Any reference in any other law to the Registrar of Drugs referred to in section 12 of the principal Act prior to the substitution thereof by subsection (1) of this section, shall be construed as a reference to the Registrar of Medicines referred to in the said section 12 as substituted by the said subsection (1).
(b) Anything done by the said Registrar of Drugs prior to the commencement of this section in the administration of any law, shall be deemed to have been done by the said Registrar of Medicines.
(c) The person who held office as the said Registrar of Drugs immediately prior to the commencement of this section, shall be deemed to have been appointed as the said Registrar of Medicines under section 12 of the principal Act as substituted by subsection (1) of this section.
11. (1) Amends section 13 of the Drugs Control Act, No. 101 of 1965, by substituting the word “medicine” for the word “drug” wherever it occurs.


(2) The drugs register referred to in section 13 of the principal Act prior to the commencement of subsection (1) of this section shall be deemed to be the medicines register referred to in section 13 of the principal Act as amended by subsection (1) of this section, and any drug registered in the said drugs register prior to such commencement shall be deemed to be a medicine registered in the said medicines register.
12. (1) Substitutes section 14 of the Drugs Control Act, No. 101 of 1965.
(2) Any drug which prior to the commencement of subsection (1) was subject to registration by virtue of a resolution published in terms of subsection (2) of section 14 of the principal Act, shall be deemed to be a medicine subject to registration by virtue of a resolution published in terms of subsection (2) of section 14 of the principal Act as substituted by subsection (1) of this section.
13. Substitutes section 15 of the Drugs Act, No. 101 of 1965.
14. Amends section 16 of the Drugs Control Act, No. 101 of 1965, by substituting the word “medicine” for the word “drug” wherever it occurs.
15 and 16. Substitute respectively sections 17 and 18 of the Drugs Control Act, No. 101 of 1965.
17. Amends section 19 of the Drugs Control Act, No. 101 of 1965, by substituting the word “medicine” for the word “drug” wherever it occurs.
18. Amends section 20 of the Drugs Control Act, No. 101 of 1965, by substituting the word “medicine” for the word “drug” wherever it occurs.
19. Amends section 21 of the Drugs Control Act, No. 101 of 1965, by substituting the word “medicine” for the word “drug” wherever it occurs.
20. Substitutes section 22 of the Drugs Control Act, No. 101 of 1965.
21. Inserts section 22A in the Drugs Control Act, No. 101 of 1965.
22. Amends section 23 of the Drugs Control Act, No. 101 of 1965, by substituting the word “medicine” for the word “drug” wherever it occurs.
23. Amends section 24 of the Drugs Control Act, No. 101 of 1965, by substituting subsection (1).
24. (1) Substitutes section 26 of the Drugs Control Act, No. 101 of 1965.
(2) Any person appointed, prior to the commencement of subsection (1) of this section, as an inspector under section 26 (1) of the principal Act, whose appointment as such was in force immediately prior to such commencement, shall be deemed to have been authorized as an inspector under section 26 (1) of the principal Act as substituted by subsection (1) of this section.



25. (1) Substitutes section 27 of the Drugs Control Act, No. 101 of 1965.
(2) Any analyst, pharmacologist or pathologist appointed, prior to the commencement of subsection (1) of this section, under section 27 (1) of the principal Act, whose relevant appointment was in force immediately prior to such commencement, shall be deemed to have been granted authority under section 27 of the principal Act as substituted by subsection (1) of this section.
26. Amends section 28 of the Drugs Control Act, No. 101 of 1965, as follows:—paragraph (a) substitutes in subsections (1) and (2) the words “medicine or Scheduled substance” for the word “drug” wherever it occurs; and paragraph (b) substitutes subsection (4).
27. Amends section 29 of the Drugs Control Act, No. 101 of 1965, as follows:—paragraph (a) substitutes paragraph (h); paragraph (b) substitutes paragraph (i); paragraph (c) adds the word “or” at the end of paragraph ( j); and paragraph (d) adds paragraph (k).
28. Amends section 30 of the Drugs Control Act, No. 101 of 1965, as follows:—paragraph (a) substitutes in subsection (2) the words “medicine or Scheduled substance” for the word “drug”; and paragraph (b) substitutes subsection (3).
29. Amends section 31 (1) (a) and (d) of the Drugs Control Act, No. 101 of 1965, by substituting the words “medicine or Scheduled substance” for the word “drug”.
30. Amends section 32 of the Drugs Control Act, No. 101 of 1965, by substituting the word “medicine” for the word “drug” wherever it occurs.
31. (1) Substitutes section 35 of the Drugs Control Act, No. 101 of 1965.
(2) Any regulation which was in force under section 35 of the principal Act immediately prior to the commencement of subsection (1), shall remain in force until it is amended or withdrawn under the said section 35.
32. Amends section 36 of the Drugs Control Act, No. 101 of 1965, by substituting the word “medicine” for the word “drug”.
33. Substitutes section 37 of the Drugs Control Act, No. 101 of 1965.
34. Inserts section 37A in the Drugs Control Act, No. 101 of 1965.
35. Substitutes section 40 of the Drugs Control Act, No. 101 of 1965.
36. Adds Schedules 1, 2, 3, 4, 5, 6, 7, 8 and 9 to the Drugs Control Act, No. 101 of 1965.
37. Substitutes the long title of the Drugs Control Act, No. 101 of 1965.
38. (1) Repeals sections 48 to 72 of and the Fourth and Sixth Schedules to the Medical, Dental and Pharmacy Act, No. 13 of 1928.



(2) Anything done in terms of a provision repealed by subsection (1) shall, if it could be done in terms of a provision of the principal Act as amended by this Act, be deemed to have been done in terms of such lastmentioned provision.
Repealed Act

Act 13 of 1928 has been repealed by s 64 of Act 56 of 1974


Repealed Act

Act 13 of 1928 has been repealed by s 64 of Act 56 of 1974


Repealed Act

Act 13 of 1928 has been repealed by s 64 of Act 56 of 1974


39. Short title and commencement.—This Act shall be called the Drugs Control Amendment Act, 1974, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.

MEDICINES AND RELATED SUBSTANCES CONTROL AMENDMENT ACT

NO. 19 OF 1976
[ASSENTED TO 15 MARCH, 1976]

[DATE OF COMMENCEMENT: 31 MARCH, 1976]


(English text signed by the State President)

This Act was published in Government Gazette 5035 dated 31 March, 1976.

ACT
To amend the Medicines and Related Substances Control Act, 1965, so as to further regulate the authorizing of persons as inspectors; to provide for the delegation of powers; and to further define the power to make regulations.
1. Amends section 26 of the Medicines and Related Substances Control Act, No. 101 of 1965, by substituting subsection (2).
2. Inserts section 34A in the Medicines and Related Substances Control Act, No. 101 of 1965.
3. Amends section 35 (1) of the Medicines and Related Substances Control Act, No. 101 of 1965, as follows:—paragraph (a) substitutes paragraph (xxiii); and paragraph (b) inserts paragraph (xxviA).



4. Short title.—This Act shall be called the Medicines and Related Substances Control Amendment Act, 1976.

HEALTH LAWS AMENDMENT ACT

NO. 36 OF 1977
[ASSENTED TO 22 MARCH, 1977]

[DATE OF COMMENCEMENT: 30 MARCH, 1977]


(English text signed by the State President)

This Act has been updated to Government Gazette 8160 dated 21 April, 1982.


as amended by


Associated Health Service Professions Act, No. 63 of 1982

ACT
To amend the Medicines and Related Substances Control Act, 1965, so as to provide for an increase of the membership of the Medicines Control Council; to amend the Mental Health Act, 1973, so as to regulate the expiry of the period of office of certain members of a hospital board; and to make provision for the payment of amounts for the treatment of certain persons in certain state institutions; to amend the Homeopaths, Naturopaths, Osteopaths and Herbalists Act, 1974,so as to apply that Act to the territory of South West Africa; and to prohibit persons pursuing certain practices from committing certain acts with patients; to amend the Pharmacy Act, 1974,so as to further regulate the carrying on of the business of retail pharmacist by bodies corporate; and to regulate the training and control of pharmaceutical auxiliary personnel; to amend the Medical, Dental and Supplementary Health Service Professions Act, 1974,so as to provide for the registration of student interns; for the limited registration of certain persons in respect of supplementary health service professions, and the exemption of persons so registered from the restrictions imposed in respect of their registration, upon compliance by them with certain requirements; for the performance of certain acts by student interns; for the granting of authority to certain registered persons to supply certain medicines in certain circumstances; and for the making of regulations relating to the removal by the council from the registers in question of the names of medical, dental or psychology students, the nature and duration of training to be undergone by persons who have obtained certain certificates before they may be registered in respect of supplementary health service professions, the registration of student interns and the conduct of inquiries into the conduct or alleged conduct of members of supplementary health service professions; and to provide for incidental matters.


1. Amends section 3 of the Medicines and Related Substances Control Act, No. 101 of 1965, by substituting subsection (1).


2. Amends section 47 of the Mental Health Act, No. 18 of 1973, by substituting subsection (2.
3. Amends section 77 (1) of the Mental Health Act, No. 18 of 1973, by substituting paragraph (o.
4 to 8 inclusive. . . . . . .
[Ss.4 to 8 inclusive repealed by s. 42 (1) of Act No.63 of l982.]
9. Amends section 22 of the Pharmacy Act, No. 53 of 1974, as follows:—paragraph (a) deletes the word “or” at the end of subsection (1) (b) (iii); paragraph (b) adds the word “or” at the end of subsection (1) (b) (iv); paragraph (c) adds subsection (I) (b) (v); paragraph (d) substitutes subsection (1) (e); and paragraph (e) adds subsection (6).
10. Inserts section 22A in the Pharmacy Act, No. 53 of 1974.
11. Amends section 49 (1) of the Pharmacy Act, No. 53 of 1974, by substituting paragraph (m).
12. Amends section 1 of the Medical, Dental and Supplementary Health Service Professions Act, No. 56 of 1974, by inserting the definition of “student intern”.
13. Amends section 18 of the Medical, Dental and Supplementary Health Service Professions Act, No 56 of 1974 by substituting subsection (1).
14. Amends section 32 of the Medical, Dental and Supplementary Health Service Professions Act, No. 56 of 1974, by substituting subsection (1).
15. Inserts sections 32A and 32B in the Medical, Dental and Supplementary Health Service Professions Act. No 56 of 1974.
16. Amends section 36 (2) of the Medical, Dental and Supplementary Health Service Professions Act, No. 56 of 1974, by inserting paragraph (aA).
17. Inserts section 52A in the Medical, Dental and Supplementary Health Service Professions Act. No 56 of 1974.
18. Amends section 61 (1) of the Medical, Dental and Supplementary Health Service Professions Act, No 56 of 1974, as follows:—paragraph (a) substitutes paragraph (h) (i); paragraph (b) adds paragraph (I) (viii); paragraph (c) substitutes paragraph (n); and paragraph (d) substitutes in paragraph (r) the words preceding subparagraph (i).
19. Short title.—This Act shall be called the Health Laws Amendment Act, 1977.

MEDICINES AND RELATED SUBSTANCES CONTROL AMENDMENT ACT

NO. 17 OF 1979


[ASSENTED TO 13 MARCH, 1979]

[DATE OF COMMENCEMENT: 21 MARCH, 1979]


(Afrikaans text signed by the State President)

This Act was published in Government Gazette 6358 dated 21 March, 1979.

ACT
To amend the Medicines and Related Substances Control Act, 1965, so as to define or further define certain expressions; to further regulate the constitution of the Medicines Control Council and the Medicines Control Appeal Board; to extend the provisions of the said Act to medicines intended for animals; to make new provisions in relation to the labelling and advertising of medicines; to further regulate the furnishing of information regarding the registration of medicines and the cancellation of such registration; to make further provision for the control of Scheduled substances and for the authorization of inspectors, analysts, pharmacologists and pathologists to act in terms of the said Act; to further regulate the taking of and dealing with samples of medicines and Scheduled substances; and to effect a change in relation to the power to make regulations; and to provide for matters connected therewith.



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