Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 537 · Drug Dependence (Cap. 537)

Cap. 537 Art. 13Exclusions from applicabilityofthis Act.

In KraftAmtlicher Text

This Act shall not apply:

(a) where the offence consists in the sale, supply, administration or offer of prohibited drugs to a minor, to a woman with child or to a person who is following a programme for cure and rehabilitation from drug dependence and to which the second proviso to sub-article (2) of article 120A of the Medical and Kindred

Professions Ordinance or the second proviso to sub-article (2) of article 22 of the Dangerous Drugs

Ordinance apply; or

(b) where the offence against the drug laws is one committed in or in relation to a prison or other place of detention:

Provided that paragraph (b) shall not apply when all the following circumstances subsist:

(a) where the offence with which the accused is charged results from the possession of a small amount of prohibited drug and the accused is not charged with drug trafficking or with possession of a prohibited drug in circumstances which indicate that such possession was not for the personal use of the accused;

(b) where the offence with which the accused is charged was committed during a period of drug dependence and the offence is substantially attributable to the proven drug dependence of the accused; and

(c) the accused is no longer a prisoner as defined in article 2 of the Prisons Act or is no longer detained in another place of detention.

SCHEDULE Added by: VII.2025.13. (article 8)

Quantity of prohibited drugs for the purposes of article 8(1):

1. amphetamine: less that 300 grams 2. cannabis: less than 300 grams

3. ecstasy: less than 300 pills

4. heroin and cocaine: less than 100 grams

5. ketamine: less than 150 grams

Änderungsgeschichte
  • Amended by VII.2025.12