Is Opium legal in Kiribati?

Legal status

Controlled. Opium is controlled in the Dangerous Drugs Ordinance, Cap. 23, Laws of the Gilbert Islands, Revised Edition 1977, as amended by the Dangerous Drugs (Amendment) Acts 1995 and 2001, in three separate forms. Medicinal opium: Schedule 2, Part I, paragraph 6, printed page 26, reads "Medicinal opium.", and paragraph 5 reads "Concentrate of poppy-straw (that is to say, the material arising when poppy-straw has entered into a process for the concentration of its alkaloids)." Part IV applies to these through section 13(1), printed page 8. Raw opium: section 4(1), printed page 6, reads "The provisions of this Part of this Ordinance shall apply to raw opium, coca leaf and Indian hemp" and, since 2001, datura metel, and section 4(2) reads "No person shall import or export any of the substances to which this Part applies." Prepared opium: Part III, printed page 7, section 11 reads "No person shall import or export any prepared opium, or any pipes or other utensils for use in connection with the smoking of opium, or any utensil for use in connection with the preparation of opium for consumption." The opium poppy plant is reached by section 7 (cultivation) and the seed of the opium poppy by section 5. Part II of Schedule 2, printed page 27, paragraph 11, prints "A preparation of medicinal opium or of morphine containing (in either case) not more than 0.2 per cent of morphine calculated as anhydrous morphine base, being a preparation compounded with 1 or more other ingredients in such a way that the preparation has no, or a negligible, risk of abuse" with a recoverability condition, and paragraph 13 prints Pulvis Ipecacuanhae et Opii Compositus. Section 30, printed page 12, reads: "The provisions of sections 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 shall not apply to any preparation or other substance for the time being falling within Part II of Schedule 2." Section 20 (possession) and the import sections 27 to 29 are in that range, although the heading of Part II of the Schedule speaks only of importation and exportation being excepted from control. Section 30 disapplies section 20 for a preparation within Part II of Schedule 2. Section 30 does not name section 13, section 15 or the Regulations. Whether regulation 6(1) of L.N. 19/80 reaches a Part II preparation is not stated. Section 30 names only sections of Part IV, so it does not reach raw opium under Part II of the Ordinance or prepared opium under Part III. The Schedule can be altered by ministerial order under section 13(2), so the Schedule entries are the 1977 list and not a current one. The Dangerous Drugs Ordinance was read as in force in the 1977 Revised Edition as amended to the Acts of 1995 and 2001, and this text does not rule out a later amendment or a later order under section 13(2).

Consequences if caught

Medicinal opium and poppy straw concentrate (Part IV): possession is an offence under section 20, printed page 10, except as to a Part II preparation noted below: a Part IV drug found in the possession of any person or kept in any place other than the appointed store makes that person guilty of an offence against the Ordinance "unless he can prove that such drug was obtained under the authority of this Ordinance, or in accordance with the prescription of a registered medical practitioner, or from a person having authority to sell it, or was deposited there without his knowledge or consent". Regulation 6(1) of the Dangerous Drugs Regulations L.N. 19/80 adds: "A person shall not be in possession of a drug or preparation unless he is duly so authorised." Section 30 disapplies section 20 for a preparation within Part II of Schedule 2. Section 30 does not name section 13, section 15 or the Regulations. Whether regulation 6(1) of L.N. 19/80 reaches a Part II preparation is not stated. Raw opium and the opium poppy (Part II): section 8, printed page 6, makes guilty of an offence under the Ordinance every person "who knowingly cultivates opium poppy, Indian hemp or coca leaf whether for private use or otherwise" and every person "found in possession of or selling, or who shall have given or sold, to any person any substance to which this Part applies". Section 7 forbids cultivating the opium poppy in the Gilbert Islands, section 4(2) forbids import or export of raw opium, section 5 forbids import or export of any seed of the opium poppy or any portion of the plant, section 6 seizes and forfeits unlawfully imported or exported substances without further proceedings, and sections 9 and 10 give police powers of entry, arrest, seizure and destruction. Prepared opium (Part III): section 11 forbids import or export of prepared opium and smoking utensils, and section 12(1), printed page 7, makes guilty of an offence under the Ordinance a person who manufactures, sells or otherwise deals in prepared opium, has it in possession, permits premises to be used for preparing opium for consumption or selling it, is concerned in managing such premises, has in possession pipes or utensils for smoking or preparing opium, or "smokes or otherwise uses prepared opium, or frequents any place used for the purpose of opium smoking". Use of prepared opium is therefore itself an offence. The Customs Act 2019, Schedule 3 Prohibited Imports, PDF page 64, lists at item 7 "Prepared opium." and at item 8 "Pipes and other utensils used in smoking opium or preparing opium for smoking." Section 39(2), printed page 17, reads: "Every person guilty of an offence under this Ordinance shall, in respect of each offence for which no penalty is otherwise prescribed, be liable (a) on conviction by the High Court, to a fine of $2000 and to imprisonment for 10 years; or (b) on summary conviction by a magistrates' court, to a fine not exceeding $1000 and to imprisonment for 5 years; and shall in every case, on conviction for the offence, forfeit to Her Majesty all articles in respect of which the offence was committed." The fine and the imprisonment are joined by "and", so they are cumulative, and the articles are forfeited on conviction. Section 39(3) requires the Attorney-General's institution or consent for proceedings under section 39(1)(a), and section 39(4) gives the same punishment and forfeiture for an attempt, or for soliciting or inciting another person to commit an offence. Section 39(3) provides that no person convicted of failing to comply with rules on the keeping of books or the issuing or dispensing of prescriptions shall be sentenced to imprisonment without the option of a fine, or to pay a fine exceeding $100, if the court is satisfied that the offence was committed through inadvertence and was not preparatory to or connected with another offence against the Ordinance. The drug legislation read provides no death penalty: none appears in the text read. For medicinal opium, supply, sale and manufacture are governed by regulations 3 to 5 and 16 and import and export by sections 14 to 29, as for other Part IV drugs, and the text read states no separate offence called trafficking. The Regulations are headed as made under section 15(1). Section 39(1)(a), printed page 16, makes guilty of an offence under the Ordinance any person who 'acts in contravention of or fails to comply with any of the provisions of this Ordinance or any rules made under this Ordinance; or'. Whether the Regulations are such rules is not stated. Regulation 17 reads: 'These Regulations shall not apply to the Government Medical Services.' Customs route, read from the Ordinance printed pages 13, 14 and 15 as images. Section 35(1), printed pages 14 and 15, deems articles whose importation is prohibited or restricted by the Ordinance to be goods whose importation is prohibited 'under the Customs Ordinance' (margin note 'Cap. 22'). Section 35(2), printed page 15, reads: 'If any goods the exportation of which is prohibited or restricted by this Ordinance are exported in contravention thereof, or brought to a wharf or other place to be shipped in any conveyance, the exporter or his agent shall be liable for each offence to forfeit either treble the value of the goods or $200, at the option of the Chief Customs Officer.' The word in section 35(2) is 'or'. It is a forfeiture liability of the exporter at the option of the Chief Customs Officer and is not stated as a term of imprisonment. Pages 13 to 15 print no other penalty band for import or export, and section 39(2) applies to 'each offence for which no penalty is otherwise prescribed', so how section 35(2) and section 39(2) combine for an export is not stated. The Customs Act 2019, read from page images (PDF pages 31, 32, 64, 65 and 69), reads: section 64(2) 'The importation of goods listed in the table in Schedule 3 is absolutely prohibited' (note: 'It is an offence to knowingly import prohibited imports (Schedule 8, item 5)'), Schedule 3 item 20 'Goods the importation of which is prohibited by any law of Kiribati', section 66(2) 'The exportation of goods listed in the table in Schedule 5 is absolutely prohibited', Schedule 5 item 1 'Goods of any kind, the exportation of which is prohibited under a law of Kiribati', and Schedule 8 item 5 'Knowingly importing a prohibited import' with maximum penalty 'A fine of $10,000, imprisonment for three years and forfeiture of the goods' and item 7 'Knowingly exporting a prohibited export' with maximum penalty 'A fine of $5000, imprisonment for two years and forfeiture of the goods'. The link from the Customs Ordinance named in section 35 to the Customs Act 2019 is not established: section 156(1) of the 2019 Act (PDF page 59, read as an image) repeals 'The Customs Act 2005', and the Customs Ordinance, Cap. 22, is not named in the pages read. For prepared opium and its smoking utensils the Customs Act 2019 applies on its own words, without depending on the link to section 35 of the Ordinance, which stays not established as stated above: section 64(2) makes importation of the goods listed in Schedule 3 absolutely prohibited, items 7 and 8 list 'Prepared opium.' and the pipes and utensils, and Schedule 8 item 5 gives for 'Knowingly importing a prohibited import' the maximum penalty 'A fine of $10,000, imprisonment for three years and forfeiture of the goods'. For medicinal opium, raw opium and the opium poppy, whether a substance controlled by the Dangerous Drugs Ordinance is a good prohibited 'by any law of Kiribati' for Schedule 3 item 20 and Schedule 5 item 1 is not stated, and the pages read do not settle whether the Schedule 8 bands follow. Customs Act 2019 Schedule 3 (PDF page 65) also lists at item 19 'Goods the possession of which is prohibited by any law of Kiribati' and at item 20 'Goods the importation of which is prohibited by any law of Kiribati', which are general catch all items, and items 7 and 8 above name prepared opium and its utensils; whether the Ordinance's own prohibitions are within those general items is not stated.

If prescribed or medical

A doctor's prescription is one of the defences to possession in section 20, and regulation 6(2)(a) of the Dangerous Drugs Regulations L.N. 19/80 deems a person to whom a drug is lawfully supplied on a prescription lawfully given by a registered medical practitioner, a registered dentist or an approved veterinary surgeon to be authorised to be in possession of it, with a proviso that this does not protect a patient who did not disclose treatment and supply from another practitioner. Section 19, printed page 10, limits withdrawal of drugs from the appointed store to a registered medical practitioner, licensed pharmacist, registered dentist, qualified veterinary surgeon and certain approved hospital or mission persons. The Medical Services Act 1996, section 42, governs only the form of a written prescription and lists no drug. The Poisons List in the Pharmacy and Poisons Ordinance Cap. 70, 1977 Edition, Schedule 3 Part I, printed page 29, prints "Opium." Under section 53(2) no person may sell or deal in a listed article except as that Ordinance prescribes, and under section 57(1)(a) a Part I poison may be sold only by an authorised seller on registered premises by or under the supervision of a registered pharmacist. That is a 1977 Edition sale law, its force today is not established, and the Secretary may add to the list by order. For a low strength Part II preparation of medicinal opium: s30 disapplies s20 for a preparation within Part II of Schedule 2. s30 does not name s13, s15 or the Regulations. Whether reg 6(1) of L.N. 19/80 reaches a Part II preparation is not stated. Regulation 11(2) reads: 'The prescribed form for prescriptions for a drug or preparation shall be in the form set out in section 37 of the Pharmacy and Poisons Ordinance.' Cap. 70 section 37 (printed pages 13 and 14, read as images) provides that a medical practitioner shall not issue a prescription unless it is 'signed by him with his usual signature' or written on paper printed with his surname and the initials of his Christian names, and 'bears the date on which the prescription was issued'; a veterinary surgeon's prescription must bear the words 'for veterinary purposes only' and a dentist's the words 'for dental purposes only'; and section 37(4) provides that a prescription which does not comply 'shall not be accepted by any pharmacist as authority for the sale or supply of any medicine or drug'. Section 38(2) (page 14) requires every prescription containing any of the drugs to which an Ordinance as to the sale of dangerous drugs relates to be 'retained in the custody of the pharmacist dispensing the same for a period of 2 years and filed in the pharmacy', and section 39(c) (page 14) forbids a pharmacist to 'permit any person, other than a registered pharmacist, to dispense or compound any prescription or supply any medicine or drugs containing any of the dangerous drugs to which section 38 (2) relates'. Those are rules of a 1977 Edition pharmacy law whose force today is not established. The Medical Services Act 1996 section 42(2), PDF page 14 read as an image, provides that a medical practitioner or dentist who contravenes or does not comply with section 42(1) 'commits an offence and is liable on conviction to a fine of $40'. Section 42 is a separate form rule in a later Act.

Documentation

Read: the Dangerous Drugs Ordinance Cap. 23, Revised Edition 1977 (a scan, 27 pages), with printed pages 6, 7, 8, 10, 12, 16, 17, 26 and 27 opened and read as page images and the other pages from OCR text as a finding aid only; the Dangerous Drugs Regulations L.N. 19/80; the Amendment Acts of 1995 and 2001; the Poisons List of Cap. 70 on printed page 29 as an image; the Customs Act 2019 Schedule 3 on PDF page 64 as an image; and the Medical Services Act 1996. Model: delegated amendment power, exercise unknown, under section 13(2) following the 1961 Single Convention. Terms searched for this substance in the Ordinance: opium, poppy, papaver, somniferum, poppy-straw, poppy straw. The form of opium decides the Part: medicinal opium and concentrate of poppy straw are Part IV drugs, raw opium and the opium poppy are Part II, and prepared opium is Part III. Not established: any order under section 13(2) after 1977; whether the 1977 text is still the text in force apart from the 1995 and 2001 Acts; the assent and commencement year of the 2001 Act, whose year digit is cut off in the scan; whether the Regulations are rules for section 39(1)(a); and the force today of Cap. 70. Page images also read: Dangerous Drugs Ordinance printed pages 6, 12, 13, 14, 15, 16, 17, 26 and 27; Medical Services Act 1996 PDF page 14; Customs Act 2019 PDF pages 31, 32, 59, 64, 65 and 69; Pharmacy and Poisons Ordinance Cap. 70 printed pages 13, 14, 15, 19, 20, 21 and 22; Dangerous Drugs (Amendment) Act 1995 page 1. The Dangerous Drugs Regulations L.N. 19/80 were read from the text layer of the PDF, and no page image of them was read. Also not established: whether the Dangerous Drugs Regulations, headed as made under section 15(1), are 'rules made under this Ordinance' within section 39(1)(a); whether the Customs Ordinance named in section 35 of the Ordinance is the Customs Act 2019, whose section 156(1) repeals the Customs Act 2005 and does not name Cap. 22; and how section 35, Schedule 8 of the Customs Act 2019 and section 39(2) combine for import and export.

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