The Legal View
Drug use, in the context of Demand Reduction,
applies to the abuse of both licit and illicit drugs.
The Drug Situation
Trinidad and Tobago, like most of the
Caribbean islands, is a transit country for narcotics
from South America, the United States of America and
Europe. Of the two islands, Trinidad is the main
transhipment point for the South American cocaine
while most of the cocaine entering Tobago does so from
Trinidad via local air bridge or inter-island ferry.
While the local law enforcement forces reports a
decrease in overall crime, there is perception that
illegal activity surrounding the drug trade such as
petty trading of cocaine by youths, burglary by
addicts, traffickers in coastal areas, prostitution by
addicted persons etc., is on the increase.
The Legislative Framework
Trinidad and Tobago became a signatory to the
1998 United Nations Vienna Convention on February 17,
1995. This was a major step in seeking to prevent and
eradicate the illegal drug trade. One Act of
significance to this action is the Dangerous Drugs
Act, 1991.
Dangerous Drug Act, 1991
The Dangerous Drugs Act No. 38 of 1991
(amended by Act No. 22 of 1994 and Act No. 55 of 2000)
provides for the control of narcotic drugs and
psychotropic substances and makes provisions for the
confiscation of the proceeds of drug trafficking and
other provisions.
The Act makes the distinction between the drug
'user' and the 'trafficker'. It defines 'drug
traffic'/ 'drug trafficking' as the unlawful export,
import, manufacture, sale, giving, administering,
transporting, delivery or distribution by any person
of a dangerous drug or substance known by such person
to be a dangerous drug. However, when a person who has
a licence conducts these activities, he/she is not
considered a drug trafficker.
The Act is specific in its efforts to protect
vulnerable groups in the society, namely children at
school. It states that possession of a dangerous drug
or substance within one hundred metres of a school's
premises is deemed as having said dangerous drug or
substance for the purpose of trafficking. The burden
of proving otherwise is on the accused. School
premises include playing fields, buildings or any
premises maintained or used by such institutions for
the benefit of its students. It does not matter
whether the dangerous drug or substance was for
personal use or for the purpose of trafficking.
Outside of the school environment, a person who is
found in any house, room or place (without reasonable
excuse) where a dangerous drug is being illegally
used, is guilty of an offence. A person who is in
control of or occupies any room or vehicle where a
dangerous drug is found is deemed to be in possession
of that drug unless he/she proves that the drug was
there without his/her knowledge or consent.
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