Is Cocaine legal in Trinidad and Tobago?

Also known as: coke, blow

Legal status

Cocaine is a dangerous drug under Chap. 11:25 because the First Schedule, «LIST OF NARCOTIC DRUGS», lists it as a narcotic drug. Item 2.A of that list reads «Coca (Erythroxylon), its preparations, derivatives, alkaloids and salts, as for example:», and its second example is «(2) Cocaine (methyl ester of benzoyleogonine)», printed with that spelling, followed by «(3) Ecgonine, its esters and derivatives which are convertible to ecgonine and cocaine.» and, as item 2.B, «Synthetic cocaine.». The listing is in the consolidation updated to 31 December 2016, and no later Order read alters item 2. The closing lines of the First Schedule extend it to the salts of the listed drugs, which reaches cocaine hydrochloride, and «(1) Coca leaf» is listed as a separate example.

Consequences if caught

Capital exposure: none. No section of Chap. 11:25, and nothing in Act No. 24 of 2019, prints death as a penalty. Section 5(9)(b) deems a person «other than a person referred to in subsection (2)» found in possession of more than «ten grammes of cocaine» to have it for the purpose of trafficking unless he proves otherwise, a figure Act No. 24 of 2019 left unchanged. Possession under section 5(1) is punishable upon summary conviction by a fine of two hundred and fifty thousand dollars and imprisonment for five years, and upon conviction on indictment by a fine of one million dollars and imprisonment for fifteen years, the figures section 6(a) of Act No. 24 of 2019 put in («two hundred and fifty» in paragraph (a); «one million dollars and to imprisonment for fifteen years» in paragraph (b)). Trafficking, or possession for the purpose of trafficking, is an offence under section 5(4), and section 5(5) as printed in the consolidation makes the offender «liable upon conviction on indictment to a fine of one hundred thousand dollars or, where there is evidence of the street value of the dangerous drug, three times the street value of the dangerous drug, whichever is greater, and to imprisonment for a term of twenty-five years to life»; section 6(f) of Act No. 24 of 2019 substitutes «three million» for «one hundred thousand» and «ten» for «three», and deletes «a term of twenty-five years to». Cultivating, gathering or producing coca plant without a licence is a separate offence under the consolidation's subsection (3A), which makes the offender «liable upon conviction on indictment to a fine of two hundred thousand dollars or, where there is evidence of the street value of the dangerous drug, fifteen times the street value of the dangerous drug, whichever is greater, and to imprisonment for a term of twenty-five years to life»; Act No. 24 of 2019 does not amend that subsection, though it inserts a different subsection also numbered (3A) on cannabis plants. Section 61 provides that section 68(2) and (3) of the Interpretation Act apply only to «the penalties prescribed for possession of dangerous drugs under this Act»; section 68 was not read for this cell.

If prescribed or medical

No instrument read sets out a cocaine specific prescription or carriage scheme. The general exemptions of section 5(2) cover medicinal possession by a registered medical practitioner, dentist, veterinary surgeon or pharmacist and a patient's possession of a drug obtained for medicinal purposes on a prescription from one of the first three, and any licence to import coca products is the Minister's to issue under section 4(a). The only Regulations under section 57 among the instruments read, the Dangerous Drugs (Fixed Penalty Notice) Regulations, 2019 (Legal Notice No. 395 of 2019), prescribe the form of a fixed penalty notice and say nothing on prescriptions or medicinal possession.

Documentation

Section 29B(h) presumes that a dangerous drug concealed in a compartment of a vehicle was concealed with the knowledge of its owner and of the person in charge of it, and section 29B(f) makes the same presumption against the master of a ship or aircraft. On a ship, section 53B creates a separate indictable offence of possessing or carrying a dangerous drug intended to be imported contrary to section 5 or the law of another State.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Trinidad and Tobago’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.