Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
11 June 1998 [shall come
into force from 15 July 1998];
30 February 2000 [shall come into force from 4 May
2000];
19 June 2003 [shall come into force from 22 July
2003];
11 May 2006 [shall come into force from 13 June
2006];
3 May 2007 [shall come into force from 7 June
2007];
27 September 2007 [shall come into force from 5 October
2007];
10 July 2008 [shall come into force from 13 August
2008];
28 October 2010 [shall come into force from 1 December
2010];
29 November 2012 [shall come into force from 1 January
2013];
17 October 2013 [shall come into force from 14 November
2013];
6 June 2019 [shall come into force from 3 July
2019];
21 November 2019 [shall come into force from 24 December
2019];
17 June 2020 [shall come into force from 1 July
2020].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Law on the
Legal Trade of Narcotic and Psychotropic Substances and Medicinal
Products, and also Precursors
[6 June 2019]
Chapter I
General Provisions
Section 1. Terms used in the Law:
1) trade - the import, export, transit, manufacture,
preparation, distribution, research and development of narcotic
and psychotropic substances and medicinal products;
2) export - the physical movement of narcotic and
psychotropic substances and medicinal products from the territory
of Latvia to the territory of another country by taking them out
of the territory of Latvia;
3) import - the physical movement of narcotic and
psychotropic substances and medicinal products from the territory
of another country to the territory of Latvia;
4) distribution - the purchase, storage, supply,
movement across the State border (import, export, transit), sale,
or transfer for use for a charge or free of charge, of narcotic
and psychotropic substances and medicinal products;
5) the consignee - a natural or legal person to whom a
shipment of plants, substances or medicinal products included in
the lists of narcotic substances, psychotropic substances and
precursors controlled in Latvia is delivered. Such person need
not be the user of the plants, substances or medicinal products
received;
6) narcotic and psychotropic medicinal products -
medicinal products in the composition of which narcotic and
psychotropic substances are included;
7) narcotic substance - any natural or synthetic
substance which has been classified in accordance with the Single
Convention on Narcotic Drugs of 30 March 1961 and with the 1972
Protocol Amending the Single Convention on Narcotic Drugs of 30
March 1961 and included in the lists of narcotic substances,
psychotropic substances and precursors controlled in Latvia;
8) illicit trade (illicit traffic) - any activities
with narcotic and psychotropic substances and medicinal products
that are not in compliance with the provisions of this Law;
9) [11 May 2006];
10) psychotropic substance - any natural or synthetic
substance which has been classified in accordance with the
Convention on Psychotropic Substances of 21 February 1971 and
included in the lists of narcotic substances, psychotropic
substances and precursors controlled in Latvia;
11) transit - transportation of narcotic or
psychotropic substances and medicinal products through the
territory of Latvia if Latvia is neither the exporter nor the
importer of such substances and medicinal products;
12) preparation - activity as a result of which
narcotic or psychotropic substances and medicinal products may be
obtained and which includes purification as well as the
transformation of narcotic and psychotropic substances into other
substances;
13) new psychoactive substance - a new narcotic
substance in pure form or in a preparation (contains one or
several new psychoactive substances) which has not been listed in
accordance with the Single Convention on Narcotic Drugs of 30
March 1961 (amended under the Protocol of 1972) and could cause
health or social risks that are equivalent to those created by
substances included in Schedule I, II or IV of the abovementioned
convention, or a new psychotropic substance in pure form or in a
preparation which has not been listed in accordance with the
Single Convention on Psychotropic Substances of 21 February 1971
and could cause health or social risks that are equivalent to
those created by substances included in Schedule I, II, III or IV
of the abovementioned convention;
14) precursors (scheduled substances) - substances
which may be used for illicit preparation of narcotic or
psychotropic substances and which correspond to Article 2(a) of
Regulation (EC) No 273/2004 of the European Parliament and of the
Council of 11 February 2004 on drug precursors (hereinafter -
Regulation No 273/2004) and Article 2(a) of Council Regulation
(EC) No 111/2005 of 22 December 2004 laying down rules for the
monitoring of trade between the Community and third countries in
drug precursors (hereinafter - Regulation No 111/2005);
15) precursor operator - a natural or legal person
corresponding to Article 2(d) of Regulation No 273/2004 or
Article 2(f) of Regulation No 111/2005;
16) precursor user - a natural or legal person
corresponding to Article 2(h) of Regulation No 273/2004.
[11 June 1998; 19 June 2003; 11 May 2006; 17 October 2013;
6 June 2019]
Section 2. (1) The purpose of this Law is to prescribe
the procedures for the legal trade of narcotic and psychotropic
substances and medicinal products, and also precursors, and to
prevent such substances, medicinal products and precursors from
being introduced in illicit trade, and also to lay down liability
for violations of this Law.
(2) This Law shall stipulate the legal trade of precursors
insofar as it is not stipulated by the Regulation No 273/2004,
Regulation No 111/2005, Commission Delegated Regulation (EU)
2015/1011 of 24 April 2015 supplementing Regulation (EC) No
273/2004 of the European Parliament and of the Council on drug
precursors and Council Regulation (EC) No 111/2005 laying down
rules for the monitoring of trade between the Union and third
countries in drug precursors, and repealing Commission Regulation
(EC) No 1277/2005, and Commission Implementing Regulation (EU)
2015/1013 of 25 June 2015 laying down rules in respect of
Regulation (EC) No 273/2004 of the European Parliament and of the
Council on drug precursors and of Council Regulation (EC) No
111/2005 laying down rules for the monitoring of trade between
the Union and third countries in drug precursors.
[6 June 2019]
Chapter
II
Classification of Narcotic and Psychotropic Substances
Section 3. (1) Plants, substances and medicinal
products, which have been classified by or in accordance with
international conventions as narcotic or psychotropic substances
and medicinal products, or which may be used for the illicit
preparation of such substances or medicinal products, and also
any other plants, substances or medicinal products with a similar
pharmacological effect the abuse of which may endanger health,
depending on the degree of risk from the abuse of such plants,
substances and medicinal products, shall be included in the lists
of narcotic substances, psychotropic substances and precursors
controlled in Latvia.
(2) The Cabinet shall approve the lists of narcotic
substances, psychotropic substances and precursors controlled in
Latvia on the basis of a recommendation of the Ministry of
Health. Schedule I shall include prohibited especially dangerous
narcotic substances and also psychotropic substances and plants
equivalent thereto. Schedule II shall include very dangerous
narcotic substances and also psychotropic substances and
medicinal products equivalent thereto which may be used for
medical and scientific purposes. Schedule III shall include
dangerous psychotropic substances and medicinal products which
are subject to abuse.
(3) The botanical names shall be indicated for plants, and for
substances and medicinal products - their international
non-patented names - or, if such do not exist - their chemical
names. Mixtures of substances and medicinal products the
composition of which has substances included in the Schedules
shall be subject to the same control measures as for the
substances that are in the composition thereof. If a mixture of
substances or the composition of a medicinal product contains
several substances included in Schedules, the control conditions
which are applicable to the more strictly controlled substance
contained in such mixture or medicinal product shall be
applied.
[19 June 2003; 11 May 2006; 6 June 2019]
Section 4. (1) Medicinal products or other mixtures
which contain any of the substances included in Schedules II or
III, but do not create any, or create a minimal possibility for
their abuse because the substances in their composition are not
readily separable in such amounts as are subject to abuse, may be
exempted, according to a decision of the Ministry of Health, from
specific control measures provided for by this Law. This decision
shall specify the control measures from which the medicinal
products or other mixtures are exempted.
(2) By a decision of the Centre for Disease Prevention and
Control, the preparation, purchase, use, storage, transportation,
transfer or distribution of such new psychoactive substances or
products containing them, which are not included in the lists of
narcotic substances, psychotropic substances and precursors
controlled in Latvia and regarding which information has been
obtained from the European Early Warning System or an opinion on
new psychoactive substances has been received from a forensic
expert-examination institution, may be prohibited or restricted
for a time period of up to 12 months from the day of entering
into effect of the decision. The decision shall enter into effect
on the day following publication thereof in the official gazette
Latvijas Vēstnesis.
(3) A natural or legal person shall hand over new psychoactive
substances or products containing them the trade of which has
been prohibited or restricted by the decision referred to in
Paragraph two of this Section to the State Police within three
working days after the day when the decision came into effect.
Upon establishing that in a specific movable or immovable
property unauthorised preparation, storage, transportation or
sale of new psychoactive substances or products containing them
has taken place, the State Police shall inform the owner of such
fact in writing.
(4) Storage of such new psychoactive substances or products
containing them the trade of which has been prohibited or
restricted by the decision referred to in Paragraph two of this
Section shall be ensured by the State Police or investigating
institution which has seized the new psychoactive substances or
products containing them within the scope of criminal proceedings
(hereinafter - the investigating institution).
(5) If the new psychoactive substances are included in any of
the lists of narcotic substances, psychotropic substances and
precursors controlled in Latvia, the investigating institution
shall take the decision to destroy such substances or products
containing them. Enforcement of the abovementioned decision shall
be ensured by the State Police, applying the procedures laid down
in the legal act regarding actions involving material evidence
and seized property.
(6) If the new psychoactive substances are not included in the
lists of narcotic substances, psychotropic substances and
precursors controlled in Latvia, the State Police or
investigating institution shall take the decision to return such
substances or products containing them to the owner or lawful
possessor thereof. The State Police or investigating institution
shall notify the owner or lawful possessor thereof, concurrently
informing of the destruction of the new psychoactive substances
or products containing them if the owner or lawful possessor has
not withdrawn them within two months from the day of sending the
notice. The State Police or investigating institution shall
return the new psychoactive substances or products containing
them to the owner or lawful possessor or destroy them, drawing up
a deed thereon.
(7) The decision referred to in Paragraph two of this Section
may be contested to the Ministry of Health in accordance with the
procedures laid down in the Administrative Procedure Law.
Contesting of the decision shall not suspend its validity.
(8) The decision of the Ministry of Health on the contested
decision referred to in Paragraph two of this Section may be
appealed in accordance with the procedures laid down in the
Administrative Procedure Law. Appeal of the decision shall not
suspend its validity.
[11 May 2006; 17 October 2013; 21 November 2019]
Chapter
III
Prohibited Plants, Substances and Medicinal Products Included in
Schedule I
Section 5. The plants, substances and medicinal
products included in Schedule I may not be cultivated,
manufactured, prepared, imported, exported, distributed,
advertised, transported, stored, transferred for a charge or free
of charge, purchased and used, and also sent through the
territory of Latvia.
[19 June 2003]
Section 6. (1) Cultivation of opium poppies (Papaver
somniferum), coca bushes (Erythroxylum) and cannabis
indica plants (Cannabis sativa subsp. indica) is
prohibited in Latvia. It shall be the obligation of the owner or
lessee of the land used for agricultural or other purposes to
destroy opium poppies growing on their land.
(2) Cannabis sativa plants (Cannabis sativa subsp.
sativa) may be cultivated for industrial needs as well as
for horticultural purposes. When cultivating cannabis sativa for
industrial purposes, only certified seeds of the varieties
included in the Common catalogue of agricultural plant species of
the European Union or officially examined seeds of hemp varieties
to be maintained may be used. The cannabis sativa may be
cultivated only in open fields (they may not be cultivated in
rooms and closed areas - in greenhouses or beneath a cover). It
shall be the obligation of the owner or lawful possessor of land
to destroy cannabis growing in his or her territories that is
prohibited to be cultivated in accordance with this Law.
[11 May 2006; 3 May 2007; 6 June 2019; 17 June
2020]
Section 7. In cases where plants, substances and
medicinal products included in Schedule I, II or III are required
for medical and veterinary medical scientific research, for the
determination of physical and chemical properties or for
educational purposes, persons may receive the permit issued by
the State Agency of Medicines for the cultivation of plants
included in Schedules I, II and III or for the trade of
substances and medicinal products included in Schedules I, II and
III. The procedures for issuing, suspending and cancelling the
permits, and also the requirements the fulfilment of which shall
be ensured by the permit holder when receiving, purchasing,
using, storing, recording and destroying plants, substances and
medicinal products included in Schedules I, II and III shall be
determined by the Cabinet.
[11 May 2006]
Section 7.1 (1) In the cases when the
substances included in Schedules II and III and their
derivatives, isomers, structural analogues, active metabolites,
esters, ethers, and salts (also salts of isomers, structural
analogues, active metabolites, esters, and ethers) are needed for
use in the industrial sector, except for use for pharmaceutical
purposes, the person shall receive the permit of the State Agency
of Medicines for the trade of these substances.
(2) List of those substances included in Schedules II and III
and their derivatives, isomers, structural analogues, active
metabolites, esters, ethers, and salts (also salts of isomers,
structural analogues, active metabolites, esters, and ethers)
which in accordance with Paragraph one of this Section may be
used in industrial sector, except for pharmaceutical purposes,
shall be approved by the Cabinet.
(3) The Cabinet shall determine the procedures for the
issuing, suspension and cancellation of the permit referred to in
Paragraph one of this Section and also the requirements the
fulfilment of which shall be ensured by the permit holder when
receiving, purchasing, using, storing, recording and destroying
the substances included in the list approved by the Cabinet and
referred to in Paragraph two of this Section.
[6 June 2019]
Chapter
IV
Licensing of Activities with Substances and Medicinal Products
Included in Schedules II and III
Section 8. In respect of substances and medicinal
products included in Schedules II and III, the same conditions
shall apply as are prescribed for substances and medicinal
products used in medicine and veterinary medicine, to the extent
they are not in contradiction to this Law.
Section 9. (1) Activities with substances and medicinal
products included in Schedules II and III may only be performed
at a pharmacy, medicinal product wholesaler and medicinal product
manufacturing undertaking following the receipt of the special
permit (licence) for pharmaceutical or veterinary pharmaceutical
activities which indicates that activities with psychotropic
substances and medicinal products or narcotic and psychotropic
substances and medicinal products are permitted.
(11) The manufacturer, importer or distributor of
active substances shall perform activities with the substances
included in Schedules II and III only when it has received the
special permit (licence) for the manufacture, import or
distribution of active substances which indicates that activities
with narcotic and psychotropic substances are permitted. The
persons who have received the special permit (licence) for
pharmaceutical or veterinary pharmaceutical activities in the
manufacture of medicinal products and veterinary medicinal
products which indicates that activities with narcotic and
psychotropic substances are permitted do not need the
abovementioned licence.
(2) The activities provided for in the licence shall be
performed only on the premises specified in the licence.
[30 March 2000; 11 May 2006; 6 June 2019]
Section 10.
[11 May 2006]
Section 11. The permit referred to in Section 7 or the
licence referred to in Section 9 of this Law shall be issued only
if:
1) the legal person in accordance with the requirements of
laws and regulations has appointed the official responsible for
the trade of narcotic and psychotropic substances and medicinal
products who is not ill with a mental illness, addicted to
alcoholic, narcotic, psychotropic or toxic substances;
2) the founders and partners as well as the officials of the
legal person have not been convicted for the committing of a
criminal offence, and also have not been administratively
punished for the offences related to the trade in narcotic and
psychotropic substances and precursors;
3) the natural person is not ill with a mental illness,
addicted to alcoholic, narcotic, psychotropic or toxic substances
and has not been convicted for the committing of a criminal
offence, and also has not been administratively punished for the
offences related to the trade in narcotic and psychotropic
substances and precursors.
[19 June 2003; 11 May 2006]
Section 12. (1) The procedures for issuing,
re-registering, suspending, renewing and cancelling the special
permit (licence) referred to in Section 9 of this Law shall be
determined by the Cabinet.
(2) Licensed persons shall, in accordance with the procedures
laid down in laws and regulations, notify the State Agency of
Medicines of the changes in the nomenclature, methods of
manufacture, the form and composition of substances and medicinal
products to be manufactured and included in Schedules II and
III.
[30 March 2000; 19 June 2003; 11 May 2006; 28 October 2010;
29 November 2012]
Section 13. Operations of a licensed person with
substances or medicinal products included in Schedules II and III
may be performed in the territory of Latvia only by such natural
or legal persons to whom the licence or permit has been issued
for the relevant activities.
[11 May 2006]
Section 14. (1) The decision to issue, to refuse to
issue or to re-register the special permit (licence) and the
decision to suspend, renew or cancel the special permit (licence)
shall be taken by the State Agency of Medicines. The contesting
or appealing of the decision of the State Agency of Medicines to
suspend or cancel a special permit (licence) shall not suspend
its validity.
(2) The State Agency of Medicines shall maintain and update a
database and in accordance with the procedures laid down in laws
and regulations shall provide information on the companies that
have received the special permit (licence) referred to in Section
9.
[19 June 2003; 11 May 2006; 28 October 2010; 29 November
2012]
Section 14.1 (1) The State Agency of
Medicines shall, within 90 days after receipt of the submission,
take the decision to issue the special permit (licence) for the
manufacture or import of medicinal products or veterinary
medicinal products, manufacture or import of active substances or
for the opening (operation) of a wholesaler which shall indicate
that activities with psychotropic substances and medicinal
products or narcotic and psychotropic substances and medicinal
products are permitted, or to refuse to issue the licence.
(2) The State Agency of Medicines shall, within 30 days or -
in exceptional cases - within 90 days after receipt of the
submission, take the decision to re-register the special permit
(licence) for the manufacture or import of medicinal products or
veterinary medicinal products which indicates that activities
with psychotropic substances and medicinal products or narcotic
and psychotropic substances and medicinal products are permitted
if it is necessary to make changes in the information:
1) regarding manufactured or imported medicinal products,
pharmaceutical forms, the place where they are manufactured or
controlled, and also regarding the qualified person;
2) regarding the premises intended for the manufacture of
medicinal products or import activities, regarding the technical
equipment and control possibilities in the manufacture, quality
control and storage process of medicinal products;
3) in relation to investigational medicinal product -
regarding the types and forms of investigational medicinal
products to be manufactured or imported, manufacture and import
activities and manufacture process (as in cases with deactivation
of viruses or non-traditional agents), and also regarding the
place where the investigational medicinal products are
manufactured, regarding the premises intended for the manufacture
of investigational medicinal products or import activities,
regarding technical equipment and control possibilities in the
manufacture, quality control and storage process of
investigational medicinal products, and regarding the qualified
person.
[29 November 2012; 6 June 2019]
Section 15. The decision to suspend or cancel a licence
shall not release the person from administrative or criminal
liability for the violation of this Law.
Chapter V
Control of Manufacture, Import and Export of Substances and
Medicinal Products Included in Schedules II and III
Section 16. (1) The State Agency of Medicines shall
perform an analysis of the estimated consumption of narcotic and
psychotropic substances and medicinal products and on the basis
thereof prepare and submit an annual consumption quota of
narcotic and psychotropic substances and medicinal products to
the UN International Narcotics Control Board for approval.
(2) The State Agency of Medicines shall compile and submit to
the UN International Narcotics Control Board quarterly and annual
statistical reports on the trade of narcotic and psychotropic
substances.
(3) The State Agency of Medicines shall provide reports to the
UN International Narcotics Control Board on such orders or
operations which could divert narcotic and psychotropic
substances and medicinal products into illicit trade.
(4) The State Police shall prepare a quarterly report on the
confiscated and detained narcotic and psychotropic substances and
submit it to the State Agency of Medicines until the
20th day of the following month.
[11 June 1998; 11 May 2006; 28 October 2010]
Section 17. Only the persons to whom the licence
referred to in Section 9 of this Law has been issued may engage
in the international trade in the substances included in
Schedules II and III and the substances included in the list
referred to in Section 7.1, Paragraph two of this Law,
but in the cases when the respective substances are intended to
be used in the industrial sector, except for pharmaceutical
purposes, also the persons who have received the permit referred
to in Section 7.1, Paragraph one of this Law may
engage in the international trade thereof, except for
transit.
[6 June 2019]
Section 18. Substances and medicinal products included
in Schedules II and III may be imported and exported only with a
single-use permit issued by the State Agency of Medicines which
corresponds to the requirements of the Commission on Narcotic
Drugs of the UN Economic and Social Council.
[11 June 1998; 11 May 2006]
Section 19. (1) The intended activities, the relevant
licence number, the importer and exporter, their addresses,
details of the consignee, the international non-patented name of
each substance or the name given in the schedules of
international conventions, the pharmaceutical form and the
patented name thereof, if any, the amount of the substances and
medicinal products, the mode of transportation or shipment, and
the place and time of crossing the border shall be indicated in
the applications for an import or export permit.
(2) Together with an export application, an import permit
issued by a competent authority of the importing country shall be
submitted if such is provided for by the laws of the respective
country.
[11 May 2006]
Section 20. An import or export permit shall include
the same information which is specified in the relevant
application, and the period of validity of the permit. An import
permit shall specify whether the import consignment consists of a
single consignment or several lots. Where necessary, an export
permit shall include the number and the date of issuance of the
relevant import permit, thereby confirming the import permit for
the substances or medicinal products.
Section 21. (1) For each consignment to a country which
is not a European Union Member State or European Economic Area
country four copies of the import or export permit shall be
required.
(2) The client shall send one copy of the import permit to the
exporter, submit the second copy to the customs office of entry
together with a customs declaration, and the customs authority
shall send it together with endorsements regarding the actual
amount of imported substances or medicinal products to the State
Agency of Medicines, the client shall attach the third copy to
the consignment and after completion of the import transaction
shall indicate on the fourth copy of the permit the actual amount
of imported substances and medicinal products, the date and
submit it to the State Agency of Medicines.
(3) The client shall submit one copy of the export permit to
the customs office of exit together with a customs declaration
and the customs authority shall send it with endorsements
regarding the actual amount of exported substances or medicinal
products to the State Agency of Medicines, the client shall
attach the second copy to the consignment, the State Agency of
Medicines shall send the third copy to the competent authority of
the importing country and the fourth copy shall be issued to the
client who after completion of the export transaction shall
indicate the actual amount of exported substances and medicinal
products, the date and submit it to the State Agency of
Medicines.
[19 June 2003; 11 May 2006]
Section 21.1 (1) For each consignment to a
country which is a European Union Member State or European
Economic Area country three copies of the import or export permit
shall be required.
(2) The client shall send one copy of the import permit to the
exporter, attach the second copy to the consignment and after
completion of the import transaction shall indicate on the third
copy the actual amount of imported substances and medicinal
products, the date and submit it to the State Agency of
Medicines.
(3) The client shall attach one copy of the export permit to
the consignment, the State Agency of Medicines shall send the
second copy to the competent authority of the importing country
and the third copy shall be issued to the client who after
completion of the export transaction shall indicate the actual
amount of exported substances and medicinal products, the date
and submit it to the State Agency of Medicines.
[11 May 2006]
Section 21.2 (1) An importer shall ensure
that an export permit issued by the competent authority of the
exporting country is attached to every consignment.
(2) The State Agency of Medicines shall request from the
importer a copy of the export permit referred to in Paragraph one
of this Section which was attached to the import consignment, if
it has not received the respective export permit from the
competent authority of the exporting country.
[29 November 2012]
Section 22. As soon as an imported consignment has
arrived in the territory of Latvia or the period of validity
mentioned in the import permit has expired, the State Agency of
Medicines shall send to the competent authority of the exporting
country the export permit issued by that country, indicating the
actual amount of the imported substances or medicinal
products.
[11 June 1998; 11 May 2006]
Section 23. If the actual amount of the exported
narcotic and psychotropic substances or medicinal products is
less than the amount specified in the export permit, the State
Agency of Medicines shall record this in the copy of the export
permit which shall be sent to the competent authority of the
importing country.
[11 June 1998; 11 May 2006]
Section 24. The commercial documents (invoices,
consignment bills, customs, transport and other accompanying
documents) shall include the names of substances and medicinal
products in conformity with the schedules of the UN conventions,
the amount of substances and medicinal products to be exported
from or imported into the territory of Latvia, the exporter and
the importer, their addresses, the consignee and its address.
Section 25. If only a bank or a post office box number
is indicated in the place for the address of the consignee,
export from or import into the territory of Latvia of substances
and medicinal products included in Schedule II or III is
prohibited.
Section 26. Export of substances and medicinal products
included in Schedules II and III to a consignment warehouse is
prohibited, except in cases when such form of delivery has been
approved in the import permit issued by the competent authority
of the importing country. Such substances and medicinal products
also may not be imported to a consignment warehouse in the
territory of Latvia.
Section 27. The competent authorities (institutions and
the border guard forces) shall have an obligation to detain those
consignments which do not have the relevant import, export or
transit permit, and to require the legality of the consignments
be verified. In case of failure to do so, the cargo shall be
confiscated.
[11 June 1998; 11 May 2006]
Section 28. The Cabinet shall determine the customs
points through which the import, export and transit of substances
and medicinal products included in Schedules II and III shall be
permitted to countries which are not European Union Member States
or European Economic Area countries.
[11 May 2006]
Section 29. The substances and medicinal products
included in Schedules II and III may be transported in transit
through the territory of Latvia only if a transit permit issued
by the State Agency of Medicines has been received, irrespective
of whether the cargo is or is not unloaded from the vehicle by
which it is transported.
[11 June 1998; 11 May 2006]
Section 30. (1) The substances and medicinal products
included in Schedules II and III shall be transported in transit
in accordance with the route specified in the attached export
permit and shall be delivered accompanied by armed guards to the
destination specified in the permit.
(2) Transit regulations for such substances and medicinal
products shall be determined by the Cabinet.
[11 June 1998]
Section 31. No one shall change the composition,
content or packaging of a transit cargo of substances and
medicinal products included in Schedules II and III and conveyed
through the territory of Latvia if a permit from the State Agency
of Medicines has not been received. The provisions of this
Section shall not restrict the lawful activities of competent
authorities (institutions and the border guard forces).
[11 June 1998; 11 May 2006]
Section 32. In respect of free ports and free trade
zones, the same control and supervision measures shall be applied
as have been determined for other parts of the territory of
Latvia.
Section 33. Commercial carriers have the obligation to
take appropriate precautionary measures to prevent the use of
their vehicles for the illegal transportation of plants,
substances and medicinal products referred to in this Law. Upon
arrival in the territory of Latvia, they have the obligation to
immediately inform the Drug Control Office of the Ministry of the
Interior of the circumstances which give rise to suspicions that
the vehicles have been used illegally.
Section 34. Persons who have received the licence
referred to in Section 9 of this Law may send the substances and
medicinal products specified in this Law by registered postal
consignments if such are packaged in boxes, indicating their
value and requesting confirmation of delivery.
[11 May 2006]
Section 34.1 The State Police shall take
appropriate measures to prevent substances included in Schedules
II and III and their derivatives, isomers, structural analogues,
active metabolites, esters, ethers and salts (also salts of
isomers, structural analogues, active metabolites, esters, and
ethers) from being introduced in illicit trade.
[6 June 2019]
Chapter
VI
Distribution of Substances and Medicinal Products Included in
Schedules II and III
Section 35. In accordance with the provisions of this
Law, the substances included in Schedules II and III and the
substances included in the list referred to in Section
7.1, Paragraph two of this Law may be purchased for
professional activities only from such person to whom the licence
referred to in Section 9 of this Law has been issued, but in the
cases when the respective substances are intended to be used in
the industrial sector, except for pharmaceutical purposes, they
may be purchased also from a person who has received the permit
referred to in Section 7.1, Paragraph one of this
Law.
[6 June 2019]
Section 36. (1) The substances and medicinal products
included in Schedules II and III may be dispensed to patients
only pursuant to a prescription in which instructions for their
therapeutic use are indicated. The procedures for writing out and
storing prescriptions shall be determined by the Cabinet. If the
dispenser of the medicinal products does not personally know the
submitter of the prescription, they have the right to request
that a personal identification document be presented.
(2) The substances and medicinal products included in
Schedules II and III shall be administered to animals by a
practising veterinarian or a veterinarian, a veterinary paramedic
or veterinarian's assistant under his or her supervision.
[11 June 1998; 11 May 2006; 29 November 2012]
Section 37. The Cabinet shall determine the procedures
for the receipt, purchase, distribution, dispensation, storage,
inventory and destroying of substances and medicinal products
included in Schedules II and III:
1) at medicinal product and veterinary medicinal product
wholesalers;
2) during the manufacture of medicinal products and veterinary
medicinal products;
3) at pharmacies;
4) at medical treatment institutions and social care
institutions;
5) at veterinary medical care companies and for persons
employed in veterinary medical practice (practising veterinarians
and veterinary medical care operators);
6) during the manufacture, importing and distribution of
active substances.
[11 May 2006; 28 October 2010; 6 June 2019]
Section 38.
[11 May 2006]
Section 39. (1) Natural persons may purchase and store
only such quantities of medicinal products included in Schedules
II and III as are necessary for a course of medical treatment.
The medicinal products shall be prescribed and purchased in
accordance with the procedures laid down in laws and
regulations.
(2) Natural persons who enter from a country which is not a
Schengen Agreement country or leave for such country may bring
into or take out medicinal products containing substances
included in Schedules II and III for personal use without a
special permit if the medicinal products included in Schedule II
are intended for a course of medical treatment not exceeding 14
days but the medicinal products included in Schedule III are
intended for a course of medical treatment not exceeding 30 days.
The need to use such medicinal products shall be certified by the
person by presenting a prescription, a true copy or copy of the
prescription or other documents that certify such fact.
(3) Natural persons are not entitled to send and receive
medicinal products included in Schedules II and III using inland
and international postal parcels.
(4) Upon leaving for a Schengen Agreement country, a citizen
of Latvia, a non-citizen and a foreigner who has received a
residence permit may carry the medicinal products necessary for
medical treatment which contain the substances included in
Schedules II and III if the respective person has received a
certificate for the use of narcotic or psychotropic substances
for medical purposes issued by a physician and approved by the
Health Inspectorate in accordance with the laws and regulations
regarding record-keeping of medical documentation.
(5) A natural person who enters from a country which is a
Schengen Agreement country may bring into medicinal products for
personal use which contain substances included in Schedules II
and III if he or she has received a certificate issued by the
competent authority of the respective country for the use of
narcotic or psychotropic substances for medical purposes.
[19 June 2003; 29 November 2012]
Section 40.
[11 May 2006]
Chapter
VII
Special Provisions
Section 41. If a freight contains substances or
medicinal products included in Schedule II, only the given name,
surname and address of the consignor and the consignee may appear
on the outer packaging of the parcel intended for shipment.
Consignments shall be sealed with the seal of the consignor.
Section 42. The substances and medicinal products
included in Schedules II and III may not be advertised in the
mass media, and also any other form of advertising which is
intended for non-specialists may not be used to popularise
them.
[11 May 2006]
Chapter
VII.1
Precursors and Non-Scheduled
Substances
[6 June 2019]
Section 42.1 (1) The State Agency of
Medicines shall decide on:
1) granting or refusal to grant the special permit (licence)
for activities with precursors of Category 1, and also on
suspending or cancelling its validity;
2) registering a person for activities with precursors of
Category 2, on refusal to register a person, and also on
suspending or cancelling the registration.
(2) The decision of the State Agency of Medicines referred to
in Paragraph one of this Section may be contested to the Ministry
of Health, whereas the decision of the Ministry of Health may be
appealed to a court in accordance with the Administrative
Procedure Law.
(3) Contesting of the decision referred to in Paragraph one of
this Section and appeal of the decision referred to in Paragraph
two of this Section shall not suspend the enforcement of the
respective decision.
(4) Procedures for the registration and licensing of precursor
operators and users, requirements for the storage of precursors
and also the procedures for the suspension or revocation of the
special permit (licence) or registration shall be determined by
the Cabinet.
[6 June 2019]
Section 42.2 (1) Precursor operator
shall:
1) specify the number of the export permit in all relevant
customs documents (export and import declarations);
2) ensure that, when transporting precursors, copies of the
export and import permits are attached to the freight and
submitted to the customs point;
3) once a quarter, submit information to the State Agency of
Medicines regarding its transactions with precursors;
4) issue internal rules of procedure for the trade of
precursors specifying therein the person who shall be responsible
for the supervision of the trade of precursors.
(2) The Cabinet shall determine the procedures by which the
precursor operator shall provide information to the State Agency
of Medicines regarding its transactions with precursors and also
content of the information to be provided.
[6 June 2019]
Section 42.3 (1) The State Agency of
Medicines shall:
1) prepare and submit to the UN International Narcotics
Control Board reports on such transactions, consignments or
activities as a result of which precursors could be diverted into
illicit trade;
2) once a year, prepare and submit to the European Commission
a report on confiscated and detained precursors.
(2) The Health Inspectorate shall perform the functions of the
competent authority referred to in Article 10 of Regulation No
273/2004 and Article 26(2) and (3) of Regulation No 111/2005.
(3) The State Revenue Service shall:
1) send to the State Agency of Medicines the used import and
export permits;
2) provide to the State Agency of Medicines information on the
import and export of precursors, and also prepare quarterly
reports on confiscated and detained precursors indicating the
number and place of incidents, and submit them to the State
Agency of Medicines until the 20th day of the
following month;
3) perform the functions of the competent authority referred
to in Article 10 of Regulation No 273/2004 and Article 26(2),
(3), (3.a) and (3.b) of Regulation No 111/2005;
4) immediately submit to the UN International Narcotics
Control Board reports on detained precursors and non-scheduled
substances.
(4) The State Police shall:
1) perform the functions of the competent authority referred
to in Article 10 of Regulation No 273/2004 and Article 26(2), (3)
and (3.b) of Regulation No 111/2005;
2) prepare quarterly reports on confiscated and detained
precursors indicating the number and place of incidents, and
submit them to the State Agency of Medicines until the
20th day of the following month;
3) immediately submit to the UN International Narcotics
Control Board reports on detained precursors and non-scheduled
substances.
[6 June 2019]
Section 42.4 (1) The State Agency of
Medicines shall establish and maintain the list of non-scheduled
substances (substances conforming to Article 2(b) of Regulation
No 273/2004) controlled in Latvia in accordance with Article
26(3.b) of Regulation No 111/2005 and Article 9(3) of Regulation
No 273/2004 and shall publish it on the website www.zva.gov.lv.
The list of non-scheduled substances controlled in Latvia shall
consist of Parts A and B.
(2) It shall be prohibited to bring into the territory of
Latvia substances that are included in Part B of the list of
non-scheduled substances controlled in Latvia. If, upon
implementing the customs control measures, the State Revenue
Service finds a substance that is included in Part B of the list
of non-scheduled substances controlled in Latvia, such substance
shall be confiscated and destroyed in accordance with the laws
and regulations regarding customs matters.
(3) It shall be prohibited to bring into the territory of
Latvia substances that are included in Part A of the list of
non-scheduled substances controlled in Latvia and for which there
are grounds to believe that they are used with the objective to
prepare narcotic or psychotropic substances. If, upon
implementing the customs control measures for a specific
consignment based on the information received by law enforcement
authorities or other institutions responsible for the supervision
or control of narcotic or psychotropic substances, the State
Revenue Service finds a substance that is included in Part A of
the list of non-scheduled substances controlled in Latvia and for
which there are grounds to believe that it is used with the
objective to prepare narcotic or psychotropic substances, such
substance shall be confiscated and destroyed in accordance with
the laws and regulations regarding customs matters.
(4) The Cabinet shall determine the procedures for the trade
of non-scheduled substances controlled in Latvia, the procedures
by which information regarding transactions with non-scheduled
substances shall be provided to the State Agency of Medicines,
and also the content of the information to be provided.
[6 June 2019]
Chapter
VIII
Supervision and Control of Compliance with this Law
[21 November 2009 / The
new wording of the title of this Chapter shall come into force on
1 July 2020. See Paragraph 5 of the Transitional
Provisions]
Section 43.
[11 June 1998]
Section 44. (1) The Health Inspectorate shall:
1) supervise and control the natural and legal persons which
perform activities with the substances and medicinal products
included in Schedules II and III;
2) evaluate the conformity of the distribution of the
substances and medicinal products included in Schedules II and
III with the requirements of laws and regulations;
3) suspend distribution of the substances included in
Schedules II and III or pharmaceutical activities of a natural
person in accordance with laws and regulations until the final
establishment of circumstances;
4) control the need for the use of the medicinal products
included in Schedules II and III to ensure the medical treatment
process;
5) supervise and control the activities of natural and legal
persons with precursors;
6) evaluate the conformity of the distribution of precursors
with the requirements of laws and regulations;
7) where necessary, suspend the distribution of precursors or
commercial activities of a natural or legal person in accordance
with laws and regulations until the final establishment of
circumstances.
(2) [6 June 2019]
(3) The Food and Veterinary Service shall supervise and
control veterinary medical care companies and persons employed in
veterinary medical practice (practising veterinarians and
veterinary medical care operators, veterinary pharmacies) and
performing activities with substances and medicinal products
included in Schedules II and III.
[30 March 2000; 19 June 2003; 27 September 2007; 10 July
2008; 29 November 2012; 6 June 2019]
Section 45. [21 November 2019 / See Paragraph 5 of the
Transitional Provisions]
Chapter
IX
Administrative Offences in the Field of Trade of Narcotic and
Psychotropic Substances and Medicinal Products and Precursors and
Competence in Administrative Offence Proceedings
[21 November 2019 /
Chapter shall come into force on 1 July 2020. See
Paragraph 5 of the Transitional Provisions]
Section 46. For the unauthorised preparation, purchase,
storage, transportation or transfer of precursors in small
amounts, a warning or a fine from ten to fifty-six units of fine
shall be imposed on a natural person, but a fine from one hundred
to five hundred and sixty units of fine - on a legal person.
[21 November 2019 / Section shall come into force on
1 July 2020. See Paragraph 5 of the Transitional
Provisions]
Section 47. For the violation of the provisions for the
preparation, purchase, storage, inventory, dispensation,
transportation, transfer or distribution of precursors, a warning
or a fine from twenty to two hundred units of fine shall be
imposed on a natural person, but a fine from two hundred to two
thousand units of fine - on a legal person.
[21 November 2019 / Section shall come into force on
1 July 2020. See Paragraph 5 of the Transitional
Provisions]
Section 48. (1) For the unauthorised purchase or
storage of narcotic or psychotropic substances in small amounts
or for the unauthorised use of narcotic or psychotropic
substances, a warning or a fine from ten to fifty-six units of
fine shall be imposed.
(2) For the refusal from the medical check-up for detecting
the influence of narcotic or psychotropic substances, a warning
or a fine from ten to fifty-six units of fine shall be
imposed.
(3) When imposing an administrative penalty for the offence
provided for in Paragraph one of this Section, the person shall
be concurrently warned in writing of being held criminally liable
if within a year after the imposition of the administrative
penalty he or she will purchase or store narcotic or psychotropic
substances in small amounts without authorisation or use them
without authorisation.
[21 November 2019 / Section shall come into force on
1 July 2020. See Paragraph 5 of the Transitional
Provisions]
Section 49. (1) For the unauthorised purchase, storage,
transportation, transfer or use of such new psychoactive
substances or products containing them the trade of which is
prohibited or restricted, a warning or a fine from ten to
fifty-six units of fine shall be imposed.
(2) For allowing unauthorised preparation, storage,
transportation or sale of new psychoactive substances or products
containing them in the movable or immovable property of the
person if such offence has been established within a year after
the person was informed in writing of the unauthorised
preparation, storage, transportation or sale of new psychoactive
substances or products containing them that has been established
in this property, a fine from fifty-six to one hundred and forty
units of fine shall be imposed on a natural person, but a fine
from two hundred and eighty to one thousand four hundred and
twenty units of fine - on a legal person.
(3) When imposing an administrative penalty for the offence
provided for in Paragraph one of this Section, the person shall
be concurrently warned in writing of being held criminally liable
if within a year after the imposition of the administrative
penalty he or she will purchase, store, transport, transfer or
use without authorisation such new psychoactive substances or
products containing them the trade of which is prohibited or
restricted.
[21 November 2019 / Section shall come into force on
1 July 2020. See Paragraph 5 of the Transitional
Provisions]
Section 50. For the violation of the provisions for the
manufacture, preparation, purchase, storage, inventory,
dispensation, transportation, transfer or distribution of
narcotic or psychotropic substances or medicinal products, a
warning or a fine from twenty-eight to one hundred and forty
units of fine shall be imposed on a natural person, but a fine
from two hundred and eighty to two thousand eight hundred units
of fine - on a legal person.
[21 November 2019 / Section shall come into force on
1 July 2020. See Paragraph 5 of the Transitional
Provisions]
Section 51. For the violation of the requirements for
writing out or storing a prescription by which the substances and
medicinal products for use in animals included in Schedules II
and III are issued, a fine from seven to seventy units of fine
shall be imposed on a natural person, but a fine from ten to one
hundred units of fine - on a legal person.
[21 November 2019 / Section shall come into force on
1 July 2020. See Paragraph 5 of the Transitional
Provisions]
Section 52. For the failure to implement measures in
order to prevent narcotic or psychotropic substances, plants
containing them, parts of plants or their plant residues or
manufacturing waste from being introduced in illicit trade, a
fine from ten to twenty-eight units of fine shall be imposed.
[21 November 2019 / Section shall come into force on
1 July 2020. See Paragraph 5 of the Transitional
Provisions]
Section 53. (1) Administrative offence proceedings for
the offences referred to in Sections 46, 48, 49 and 52 of this
Law shall be conducted by the State Police.
(2) Administrative offence proceedings for the offences
referred to in Sections 47 and 50 of this Law shall be conducted
by the Health Inspectorate in accordance with the mandate
provided for in Section 44, Paragraphs one and two of this
Law.
(3) Administrative offence proceedings for the offences
referred to in Sections 47 and 51 of this Law shall be conducted
by the Food and Veterinary Service in accordance with the mandate
provided for in Section 44, Paragraph three of this Law.
(4) Until the examination of administrative offence case,
administrative offence proceedings for the unauthorised
transportation or transfer of precursors referred to in Section
46 of this Law or the unauthorised transportation or transfer of
the new psychoactive substances or products containing them that
is referred to in Section 49, Paragraph one of this Law shall be
conducted by the State Revenue Service, but the administrative
offence case shall be examined by the State Police.
(5) Until the examination of administrative offence case,
administrative offence proceedings for the offence referred to in
Section 50 of this Law regarding the transportation or transfer
of narcotic or psychotropic substances or medicinal products
shall be conducted by the State Revenue Service, but the
administrative offence case shall be examined by the Health
Inspectorate.
[21 November 2019; 17 June 2020 / Section shall come
into force on 1 July 2020. See Paragraph 5 of the
Transitional Provisions]
Transitional
Provisions
[30 March 2000]
1. The permits (licences) referred to in Section 9 of this Law
that have been issued up to the day of coming into force of this
Law shall preserve their specified term of validity.
2. Up to the day when the Cabinet regulations which determine
the procedures by which the special permits (licences) for
pharmaceutical activities and also for activities with narcotic
and psychotropic substances and medicinal products are issued,
re-registered and cancelled have come into force, the procedures
for the issue of the special permits (licences) referred to in
Section 9 shall be determined by the Minister for Welfare.
3. Amendment to this Law regarding the new wording of Section
6, Paragraph two shall come into force on 1 January 2020.
[6 June 2019]
4. Until 1 September 2019, the Cabinet shall issue the
regulations provided for in Section 7.1, Paragraphs
two and three, Section 42.1, Paragraph four, Section
42.2, Paragraph two, and Section 42.4,
Paragraph four of this Law. Until the day of coming into force of
the relevant Cabinet regulations, but not longer than until 31
August 2019, the Cabinet Regulation No. 1142 of 21 December 2010,
Procedures for Registering and Licensing Operators, shall be
applicable, insofar as it is not in contradiction with this
Law.
[6 June 2019]
5. Amendments regarding the new wording of the title of
Chapter VIII and deleting Section 45 of this Law, and also
Chapter IX of this Law shall come into force concurrently with
the Law on Administrative Liability.
[21 November 2019]
Informative
Reference to European Union Directive
[6 June 2019]
The Law contains legal norms arising from Directive (EU)
2017/2103 of the European Parliament and of the Council of 15
November 2017 amending Council Framework Decision 2004/757/JHA in
order to include new psychoactive substances in the definition of
'drug' and repealing Council Decision 2005/387/JHA.
The Law has been adopted by the Saeima on 9 May
1996.
Acting for the President -
Chairperson of the Saeima I. Kreituse
Rīga, 23 May 1996
1 The Parliament of the Republic of
Latvia
Translation © 2020 Valsts valodas centrs (State
Language Centre)
