Law on the Control and Suppression of Illicit Drug Trafficking
- Published in Le Moniteur, 156th year, No. 81, of 4 October 2001, and voted by the Corps Législatif.
- Consolidates and replaces the regime built on the decree of 18 December 1975 and its 1979, 1980, 1982 and 1989 amendments.
- The schedules of controlled substances and the annual quotas for licit needs are set by the Ministry of Public Health and Population, which also licenses handlers and receives their annual returns.
- Trafficking outside the authorized framework carries 10 to 30 years' imprisonment and a fine of five to ten million gourdes.
- Inducing another person to illicit use is a separate offence carrying 15 years' detention.
- Laundering of drug proceeds and personal consumption are treated as distinct matters from trafficking.
- Enforcement is placed in the post-1994 architecture: the law cites the creation of the Police Nationale d'Haïti as well as the 1961 Single Convention and the 1988 Vienna Convention.
Haiti's framework statute on controlled substances, voted by the Corps Législatif and published in Le Moniteur, 156th year, No. 81, of 4 October 2001. It replaces a patchwork that had accumulated since the decree of 18 December 1975: the 1979 and 1980 amending laws, the repealing law of 7 June 1982, and the amendments of 1989. Its opening title defines the terms the rest of the law turns on, including the schedules of controlled substances and the status of a person dependent on them, and assigns the schedules to the Ministry of Public Health and Population, which may move a substance between them and which fixes annual quotas for legitimate needs.
Authorized handling, prescription, wholesale and retail are licensed and reported on annually to that ministry. The penal titles then set the offences: production, transport or supply outside the authorized framework carries 10 to 30 years' imprisonment and a fine of five to ten million gourdes, with a separate offence, punishable by 15 years' detention, for inducing another person to illicit use. Money laundering of drug proceeds and personal consumption are treated distinctly. It cites the ratification of the 1961 Single Convention on Narcotic Drugs and the 1988 Vienna Convention, and the 1994 law creating the Police Nationale d'Haïti, which places enforcement in the new post-1994 policing architecture. Recovered from a Wayback capture of haitijustice.com; text is a local OCR pass in French.
How to cite
Legislative Body of Haiti, 2001, Law on the Control and Suppression of Illicit Drug Trafficking, http://haitijustice.com/pdf/legislation/traffic_illicite_stupefiants_haiti.pdf