Is Buprenorphine legal in South Africa?
- Legal status
- Controlled as a dependence-producing substance under Schedule 2 Part I of the Drugs and Drug Trafficking Act 140 of 1992.
- Consequences if caught
- The bare name is printed in the first Part of the criminal schedule: "Buprenorphine." That Part carries the lighter of the two scales the Act runs. Section 4 (a) forbids the use or possession of a dependence-producing substance. Section 13 (c) makes that an offence and section 17 (b) fixes such fine as the court may deem fit to impose, or imprisonment for a period not exceeding five years, or both. Dealing is section 5 (a), an offence under section 13 (e), punished under section 17 (c) by such fine as the court may deem fit to impose, or imprisonment for a period not exceeding 10 years, or both. This is the lighter of the two scales the Act runs, and it applies only to the substances in the first Part of the criminal schedule. The neighbouring entries show what company it keeps: "Butalbital." "Flunitrazepam." "Gluthethimide." and the pentazocine and meptazinol entries. Capital exposure: none, and life exposure: none. Section 17 sets out the whole penalty scale of this Act and its highest figure is 25 years for dealing; no provision of the Act carries a death sentence or a sentence of life imprisonment.
- If prescribed or medical
- The Act's own lawful route is the set of exceptions in section 4, paragraphs (i) to (vi). A patient falls outside section 4 only where the substance was acquired from a medical practitioner, dentist or practitioner acting in a professional capacity and in accordance with the Medicines and Related Substances Control Act 101 of 1965, or from a pharmacist on that person's oral instruction or written prescription, and is used for medicinal purposes under that person's care or treatment. Section 2 states that this Act applies in addition to, and not in substitution for, the Medicines Act. The Medicines Act schedules themselves are not held in this repository and were not read for this cell, so no medicine schedule number is stated here. Buprenorphine is a prescribed treatment substance and a patient on it is inside the section 4 exceptions provided it came through a practitioner or a pharmacist acting on that practitioner's instruction.
- Documentation
- Search record. The terms searched were buprenorphine, Subutex, Suboxone, norbuprenorphine and pentazocine. One printed entry, in Part I rather than Part II, which is the fact that decides the sentence for this row: five years for possession and 10 for dealing rather than 15 and 25. Part I extends by "(a) The salts and esters of the specified substances, where the existence of such salts and esters is possible;" and by "(b) all preparations and mixtures of the specified substances; and" which is a narrower set of limbs than the Parts below it carry. The text read for this cell is the Juta consolidation of the Act downloaded on 29 May 2025, taken from the Department of Justice copy at justice.gov.za whose sha256 begins bc1216a3. It carries the substitution of Schedules 1 and 2 by section 2 of Act 14 of 2022 with effect from 14 December 2022, and it marks section 7 of the Cannabis for Private Purposes Act 7 of 2024, the provision that would amend Schedule 2 again, as not yet put into operation by proclamation. The schedules are stated as at that consolidation and this does not rule out a later amendment made or commenced since. The Schedule and the Part named in this cell are read from the Act itself at the lines quoted; they are nowhere printed in the verbatim quotation supplied for this row.
- Drugs and Drug Trafficking Act 140 of 1992, Schedule 2 Part I, printed bare name
- Drugs and Drug Trafficking Act 140 of 1992, ss 1, 2, 3, 4, 5, 13, 17 and 19, with Schedules 1 and 2
- justice.gov.za
- read from the cached text at research/instruments/south-africa/za-drugs-act-140-1992.txt, 84,091 bytes, against the.pdf beside it at 127,460 bytes
- the consolidation is dated 29 May 2025 and carries the Act 14 of 2022 substitution of both schedules with effect from 14 December 2022
Court records
We have not yet assessed whether court records are publicly available for this jurisdiction.
Other substances confirmed in South Africa
Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with South Africa’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.
Before you travel
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