Restriction of production and supply of controlled drugs. 4.—(1) Subject to any regulations under section 7 of this Act for the time being in force, it shall not be lawful for a person—
- (a) to produce a controlled drug; or
- (b) to supply or offer to supply a controlled drug to another.
(2) Subject to section 28 of this Act, it is an offence for a person—
- (a) to produce a controlled drug in contravention of subsection (1) above; or
- (b) to be concerned in the production of such a drug in contravention of that subsection by another.
(3) Subject to section 28 of this Act, it is an offence for a person—
- (a) to supply or offer to supply a controlled drug to another in contravention of subsection (1) above; or
- (b) to be concerned in the supplying of such a drug to another in contravention of that subsection; or
- (c) to be concerned in the making to another in contravention of that subsection of an offer to supply such a drug.
Restriction of possession of controlled drugs. 5.—(1) Subject to any regulations under section 7 of this Act for the time being in force, it shall not be lawful for a person to have a controlled drug in his possession.
(2) Subject to section 28 of this Act and to subsection (4) below, it is an offence for a person to have a controlled drug in his possession in contravention of subsection (1) above.
(3) Subject to section 28 of this Act, it is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of section 4(1) of this Act.
(4) In any proceedings for an offence under subsection (2) above in which it is proved that the accused had a controlled drug in his possession, it shall be a defence for him to prove—
- (a) that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to destroy the drug or to deliver it into the custody of a person lawfully entitled to take custody of it; or
- (b) that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of delivering
