Section 2
In this Act, unless the context otherwise requires—
“aircraft” includes every description of craft which may be used for the conveyance of passengers or goods by air;
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“cannabis” means any part of any plant of the genus Cannabis from which there is found to be present resin irrespective of its quantity, and by whatever name the plant may be designated;
“cannabis resin” means the separated resin, whether crude or purified, obtained from any plant of the genus Cannabis;
“coca leaves” means the leaves of any plant of the genus of the
Erythroxylaceae from which cocaine can be extracted either directly or by chemical transformation;
“Commission” means the Commission on Narcotic Drugs of the
Economic and Social Council of the United Nations;
“conveyance” includes ship, train, vehicle, aircraft, or any other means of transport by which persons or goods can be carried;
“corresponding law” means any law stated in a certificate purporting to be issued by or on behalf of the Government of any country or territory to be a law providing for the control and regulation in that country or territory of the manufacture, sale, use, export, and import of drugs and substances in accordance with the
Geneva Convention (No. 1) or of the Geneva Convention (No. 2) or of the Hague Convention or of the Protocol or of the Single
Convention and any statement in any such certificate (or in any official copy thereof) as to the effect of the law mentioned in the certificate (or in any official copy thereof), or any statement in any such certificate (or in any official copy thereof) that any facts constitute an offence against that law, shall be conclusive;
“dangerous drug” means any drug or substance which is for the time being comprised in the First Schedule;
“Drug Enforcement Officer” means a Drug Enforcement Officer appointed under section 3 of this Act;
“export”, with its grammatical variations and cognate expressions, in relation to Malaysia, means to take or cause to be taken out of
Malaysia by land, air or water, otherwise than in transit;
Dangerous Drugs 9
“Geneva Convention (No. 1)” means the Convention concluded at the Second Opium Conference held at Geneva for the purpose of completing and strengthening the Hague Convention and signed at
Geneva on 19 February 1925;
“Geneva Convention (No. 2)” means the Convention concluded at a
Conference held at Geneva for the purpose of supplementing the
Hague Convention and the Geneva Convention (No. 1) and signed at
Geneva on 13 July 1931;
“Hague Convention” means the International Opium Convention signed at the Hague on 23 January 1912;
“import”, with its grammatical variations and cognate expressions, in relation to Malaysia, means to bring, or to cause to be brought into
Malaysia by land, air or water, otherwise than in transit;
“in transit” means taken or sent from any country and brought into
Malaysia by land, air or water (whether or not landed or transhipped in Malaysia) for the sole purpose of being carried to another country either by the same or another conveyance;
“licensed pharmacist” means a registered pharmacist who is the holder of a Type A Licence issued under the Poisons Act 1952
[Act 366];
“manufacture”, in relation to a dangerous drug, includes—
(a)
the making, producing, compounding and assembling of the drug;
(b)
the making, producing, compounding and assembling a preparation of the drug;
(c)
the refining or transformation of the drug into another dangerous drug; and
(d)
any process done in the course of the foregoing activities;
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“medicinal opium” means raw opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether in powder form or granulated or otherwise, or mixed with neutral materials;
“Minister” means the Minister charged with the responsibility for medical and health services;
“offence under this Act” includes an offence under any regulation made under this Act;
“opium poppy” means any plant from which morphine may be produced;
“Peninsular Malaysia” has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the *Federal Territory;
“poppy-straw” means all parts except the seeds of the opium poppy, after mowing;
“premises” includes any house, shop, store, room, cubicle, shed, conveyance, or any place whether open or enclosed;
“prepared opium” means the substance commonly called candu and means opium prepared or re-prepared so as to be suitable for smoking or consumption otherwise and includes dross and any other residues remaining after such opium has been smoked;
“Protocol” means the Protocol on Narcotic Drugs signed at Lake
Success, New York, on 11 December 1946;
“raw opium” means the coagulated juice obtained from any plant from which morphine may be produced, whatever its content of morphine and in whatever form the coagulated juice is, but does not include medicinal opium;
*NOTE—Federal Territories of Kuala Lumpur and Labuan are included–see P.U. (A) 220/1985.
For Putrajaya see section 1 of Act A1095.
Dangerous Drugs 11
“registered dentist” means a dental practitioner as defined in subsection 2(1) of the Dental Act 1971 [Act 51];
“registered dental surgeon” means a dental surgeon as defined in subsection 2(1) of the Dental Act 1971;
“registered medical practitioner” means a medical practitioner registered under the Medical Act 1971 [Act 50];
“registered pharmacist” means a pharmacist registered under any written law relating to the registration of pharmacists, and includes, in Sabah or Sarawak, a person holding a qualification recognized by the Director of Medical Services in Sabah or Sarawak, as the case may be, as a sufficient guarantee of the possession of the requisite knowledge and skill for the efficient practice of the profession of a pharmacist;
“ship” includes every description of ship, boat or craft used in navigation, whether propelled by oars or otherwise, or used for the carriage or storage of goods;
“Single Convention” means the Single Convention on Narcotic
Drugs signed at New York on 30 March 1961;
“subordinate court” has the meaning assigned thereto in section 3
of the Courts of Judicature Act 1964 [Act 91];
“syringe” means any instrument suitable for the administration of hypodermic injections;
“trafficking” includes the doing of any of the following acts, that is to say, manufacturing, importing, exporting, keeping, concealing, buying, selling, giving, receiving, storing, administering, transporting, carrying, sending, delivering, procuring, supplying or distributing any dangerous drug otherwise than under the authority of this Act or the regulations made under the Act;
“veterinary surgeon” has the meaning assigned thereto in the
Veterinary Surgeons Act 1974 [Act 147];
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“written law” has the meaning assigned thereto in the Interpretation
Acts 1948 and 1967.