The Public Emergency Regulations, 2024

CONSTITLTTIONAL INSTRIJMENT Wplement tothe Sierra lzone Extraordinary G@ette Vol. CLXU No. 33 Med l Tth April, 2024 THE DRUG AND SUBSTANCE ABUSE PUBLIC EMERGENCY RESPONSE REGULANONS, M24 ARRANGEMENTS OF REGUT.AIIONS Regulation PART I- PRELIMINARY L Commencement 2 Interpretation. PARI II - PROTIIBITION ON THE PROMOTION, TRANSPORTAIIONAND USE OF PROHIBITED DRUGSAND SUBSTANCES. Prohibition of promotion, etc. of dmgs and substances Use ofpremises in production, etc., prohibited- Aiding or abetting prohibited.

PART III . DRUG AND SUBSTANCE ABUSE TREATMENT AND REHABILNATION CENTRES

& Drug and subslance abuse treatment and rehabilitation centses. Public health measues to b€ ob,erved. Legal protections and safeguards u PART IV- DRUG A}ID SUBSTANCE ABUSE ENFORCEMENT POWERS'

I 1- Power 10 enter and search premises or Person'

PARTV. OFFENCES AND PENAIIIES

THE PUBLIC EMERGENCY REGULATIONS, 2024 THE DRUG AND SUBSTANCE ABUSE PUBLIC EMERGENCY RESPONSE REGT]LATIONS, 2024 Short tiltle ln exercise ofthe powers confened upon him by subsection (5) ofsectioa 29 ofthe Constitution ofsiera Leone, l99l (Act No. 6 of l99l ), and by Proclamatiotr made by the President and published in the Gazette as (Constitutional Insmunent No. 6 of2024), the President hereby makes the following Regulations - PART I_PRELIMINARY l. These Regulations shall be deemed to have come into cornssm. operation on the lTth day ofApril.2024 and shall be in forcr until revoked. 2 In these Regulations unless the context othem'ise rcquires Intcrprctation. "authorised person" meals a person authorised by the Coordinator to carry out drug and substance abuse public emergency response ftmction under these Regulation; "Centre" mealrs a drug and substance tr$tnent aDd rehabilitation centre rcforred to in suFregulation (l ) of Regulation 6; Consrm-rnoxer- Insmurcxr No. 7 or 2024 Prblished lTth April, 2024 THE CONSTITWCN OF SIERRA LEONE (Act No. 6 ol l99l) I "Coordinato'r" means the Person appointed by the President to be resPonsible for coordinating the activities of the National Task Force on Drugs and Substance Abuse; "premises" includes houses, compounds, unfinished structures, facilities and vacant lands. "National Task Force on Drugs and Substance Abuse" means the National Task Force on Drugs and Substance Abuse established by the President with particular focus on combating rising drug and substance abus€ in Sierra Leone; PART II. PROHIBITTON ON THE PRONIOTION' TRANSPORTAIION AND USE OF PROHIBITED DRUGS AND SUBSTANCES. Promotion, etc., of drugs and subsunces Prohibited. 3. 0) A person shall not engage in the production' t -rpo.tuiion, diiuibution, commercialisation or use of prohibited drugs and substances, including the slmthetic dmg, Kush' (2) The Coordinator shall, for the purpose of subsection (l), ftom time to time, identiry and publish list of prohibited substances. 4 A person shall not use, cause or p€Imit propefiy to be used in the production, transporration, distrtlbution or commercialisation ofp.ot iUiteO drugs ad substances, including the synthetic drug Kush. 5. A Person shall not aid or abet in the production' transpo(atio;, distibution or commercialisation of prohibited drugs and iubstances, including the rynthetic drug Kush- Usc of premises in production, prohibir.d. Aiding or abctting prohibircd PART III - DRUG AND SUBSTANCEABUSE TREATMENTAND RETIABILITANON CENTRES 6 (l) The Coordinarorshall, for the pr:rpos€ ofdealing witlt drug and subsfance abuse cases, establish such drug and substance abuse teaffiient and rehabilitation c€ntes in any place in Sierra kooe, as be may deem necessary. (2) A Cenrre established under sub.regulation (l) shall be headed by a drug and substance abuse treatment and rehabilitation $pervisor who shall be respomible for adminislration ofthe c€ntre including oversight of the cente, case managemenl psychosocial support, food and nutrition supplies- (3) A person committed to a centre shalt not leave that facility unless on the authoriqr ofan authuised medical practitioner that, that person does not require firrther treatment or rehabilitation. Drug aDd substancc abuse trcalrnent atrd rehabilitalioo centres- (a) mandatory subslance abuse education Prog.ams; (b) expansion of treaErent services, including outpatiert clinics and rcsidential facilities; (c) implemenlation ofham reduction st'ategies. (O regulatory contsols on substance advertisin& sale and disribution. & Victims ofdrug and substance abuse committedto a ccntre benefiting from services critical for dmg and substance abus€ shall have legal safeguards to protect civil libenies, privacy rights, and rights of affected individuals, including provisions for confidentiality in trea0nent and non- discrimination. 7. Public healtb measurcs to ensure the public hcslrh maintenance ofessential services critical for mcasures !o drug and substance abuse shall be observed bc obs'rv'd' including - Legal. protections and safcguards. Power to taka po6session o, control of proparty. Po\xcr to ternove, reslrain or restlict. Power to eol€r and search prcmises or pe6on, arrest and detain. PART IV - DRUG AND SUBSTANCE ABUSE ENT'ORCEMENT POWERS- 9. An authorised person nray, with the assistance ofthe Sierra l,eone Police or the Rep;blic of Sierra t'eone Armed Forces' for the purpose of enforcing these Regulations - (a) remove a person to a facility or cents€; (b) restrain a person &om leaving or entering a facility or ce re; (c) restrict the movement of unauthorised persons or vehicles to and from a facility or centre. 10. An authoris€d pe6on may' with the assistance ofthe Sierra Leo* poli". ot rhe Republic of Siera Leone Armed Forces' take possession or control, including the a€quisilion' ofProPerty or asset iintea to tfte production, transportation' distribution..or commerciatisatioB of prohibited dnrgs and substances' rncludrng the synrhetic dlu& Kush. ll. An authorised person may, with the assistance ofthe Sierra Leone Police or fie Republic of Sierra Leone Armed Forces' enter and search premises or person suspected ofbeing involved in tt" o,oar"tiott, transportalion' distribudon or commercialisation' iof,lOi"g oo*g., ot Prohibited drrrgs and substances' including the syntbetic &ug, Kush. l2 An authorised person may, witt the assistance ofthe Sierra Leone Police or the Republic ofsierra Leone Armed Forces' detain a p"*, .r"p""t"a of Ling in possession and involvement in $e ItoArarior, transportation' distribulion or commercialisation' 'ir"rrcirg tio.g., ot prohibited drugs and substances' including the synrhetic drug, Kush. 13. An authorised person may, wi$ the assistance of$e loweiir.o Sierra Leone Police or the Republic ofSierra Leone Amed Forces' demolish a makeshifl structu€, ghmo or other premises used in the produclion, transportation, distn-bution or commercialisation of prohibited drugs and substances, including the synthetic drug Kush- PART V - OFFENCESAND PENALIIES 14. A person who - (a) aids, abes, direcs another pelson to commit; O) attemPrs; (c) conspires; (d) particiPates as an accomplice to a person committing, or attempting to commit, an offence under these Regutations, commits an offence and is liablc, on conviction to a fme ofnot less than NLe. 15,000 or to a term of imprisonment ofnot less than l0 y€ars or to both such fine and imPrisonment. Aiding abctting, ctc 15. A Person who stores, stocks' keeps a drug prohibited cgal substance, including the synthetic &ug, Kush, commits an off€nce stora8e and is liable on conviction to imprisorunent for a tero not less than I 5 years. I 6. A person who exhumes human remains without Exhumstioo tawful authority comrnits an offence and is liable, on conviction, to *JJ"- imprisonment for a term ofnot less than 15 years. prohibircd MADE rrls lTth daY of APril, 2024. RTD. BRIG JULruS MAADA BIO' President, Fnrrrowl SERRA LEO}E Pirrr€D ^i.D Pr,tsLtsrED By rBE Go\tsxMBrr PRNT0{G DE"aro,ENr' SErx LEoNE ExraAolD,l.ARr G,azrnE No.33 $ 1717/, AtalJ- '2024