Is Codeine legal in British Virgin Islands (UK)?

Legal status

Controlled as a Class B drug under the Drugs (Prevention of Misuse) Act, Cap. 178. Part II of Schedule 2 names "Codeine", and paragraph 4 of Part II adds any preparation or other product containing it, which reaches combination painkillers and cough syrups. Paragraph 6 of Part I moves into Class A "Any preparation designed for administration by injection" which includes it.

Consequences if caught

As a Class B drug, codeine is reached by the Act's possession, supply, import, export and use offences. Simple possession contrary to section 7(1) is punishable under Schedule 3, read with section 28(2), by 3 years and $100,000 on summary conviction and 7 years and $200,000 on conviction on indictment, where the period is the maximum term of imprisonment and the sum the maximum fine. Possession with intent to supply under section 7(2), and producing, supplying, offering to supply, importing or exporting under sections 5 and 6, are drug trafficking offences under section 2, and for those section 16(1) applies whatever the class: on summary conviction "a fine of $100,000 or, where there is evidence of the street value of the controlled drug, 3 times the street value thereof, whichever is the greater" or "imprisonment for a term not exceeding 10 years but not less than 3 years", or both, and on conviction on indictment a fine of $200,000 or three times the street value, whichever is the greater, or "imprisonment for a term not exceeding 15 years but not less than 10 years", or both. Section 16(3) deems a person found with a controlled drug in any school premises to have it for drug trafficking unless the contrary is proved. Section 11 also makes it an offence "to smoke or otherwise use any controlled drug", for which Schedule 3 gives 2 years and $75,000 summarily and 14 years and $200,000 on indictment. Section 7(3) sets a quantity above which possession is presumed to be for supply only for heroin, cocaine, opium, morphine and cannabis, so no such presumption applies to codeine.

If prescribed or medical

No traveller allowance was found. Section 5(1) prohibits "the importation of a controlled drug" and "the exportation of a controlled drug", and section 5(2) lifts that only for a drug excepted by regulations under section 9 or for import or export under a licence issued by the Minister. Section 9(3), subject to subsection (4), requires the Minister to make regulations so that doctors, dentists and veterinary practitioners may prescribe, administer, manufacture, compound or supply controlled drugs, druggists and retail pharmacies may manufacture, compound or supply them, and all of them may possess them, in that capacity; the Act itself names no exception for a patient carrying codeine, and the laws.gov.vg page for the Act lists no regulations under section 9.

Documentation

Part II names "Codeine" with "Dihydrocodeine", "Acetyldihydrocodeine", "Norcodeine" and "Pholcodine". The Act as read carries no exemption for low strength codeine preparations. Read in the Attorney General's Chambers consolidation, Revised Edition showing the law as at 1 January 2020, which is byte for byte the copy the Financial Services Commission publishes; Schedules 2 and 3 read the same in the Revised Edition showing the law as at 30 June 2013. The 2020 consolidation prints section 28(6) as a plain election by the prosecution between summary trial and trial on indictment, and does not list Act 14 of 2005 among its amending Acts. That Act was deemed in force from 6 May 2005 by S.I. 2022 No. 111, a proclamation gazetted on 29 December 2022, and the wording it gives section 28(6), printed in the 2013 Revised Edition, confines the election to a person "aged 18 years or over" and sends a child or young person to be tried summarily in a youth court. laws.gov.vg lists the Cannabis Licensing Act 2020 and the Drugs (Prevention of Misuse) (Amendment) Act 2020 only as bills, each in a file named as gazetted on 23 June 2020, and no Acts listing for 2021 or 2022 was read, the year pages read being Bills listings; the amendment bill would insert expungement provisions after section 28 for possession of not more than fifty grammes of cannabis or ten grammes of cannabis resin, and does not touch Schedule 2, and whether either bill received assent or came into force was not established.

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