ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 8, 2006 No. 1382

About approval of the Regulations on regulation of activities for cultivation of the plants containing drugs or psychotropic substances

According to the Law on turnover of narcotic, psychotropic substances and precursors of N382-XIV of May 6, 1999 the Government DECIDES:

1. Approve Regulations on regulation of activities for cultivation of the plants containing drugs or psychotropic substances it (is applied).

2. To impose control over the implementation of this resolution on the Ministry of Internal Affairs which will provide to the Government annually till January 10 information on realization of the approved provision.

Approved by the Order of the Government of the Republic of Moldova of December 8, 2006 No. 1382

Regulations on regulation of activities for cultivation of the plants containing drugs or psychotropic substances

The regulations on regulation of activities for cultivation of the plants containing drugs or psychotropic substances (further - provision) are developed according to the Constitution of the Republic of Moldova, the Law N382-XIV of May 6, 1999 on turnover of narcotic, psychotropic substances and precursors, other regulatory legal acts regulating questions of trafficking in drugs and psychotropic substances and also the international acts ratified by the Republic of Moldova.

This provision determines procedure of control of activities for cultivation of the plants containing drugs or psychotropic substances.

Chapter I. General provisions

1. In this provision the following concepts are used:

cultivation - set of the works connected with crops, cultivation, collection, conversion, storage and use of the plants used for production of drugs and/or psychotropic substances;

poppy somnolent - any plant of type of Papaver somniferum L;

hemp - any plant of the sort Cannabis;

cocaine bush - plant of any kind of the sort Erythroxylon.

2. Cultivation in the territory of Moldova of poppy of sleeping pill, plant of Cannabis, cocaine bush and other plants containing drugs or psychotropic substances for the purpose of extraction, realization and production of drugs or psychotropic substances is forbidden.

3. Cultivation of poppy of sleeping pill is allowed to the physical persons registered as the business owner and legal entities in the scientific purposes and/or for production of seeds in the presence at them the permission to this type of activity issued by Committee on control of drug trafficking (further - Committee).

4. Cultivation of hemp is allowed to the physical persons registered as the business owner and legal entities in the scientific purposes and/or for production of seeds and/or fibers in the presence at them the permission to this type of activity issued by Committee.

5. Cultivation of cocaine bush, other plants containing drugs or psychotropic substances is allowed to the physical persons registered as the business owner and legal entities in the scientific purposes in the presence at them the permission to this type of activity issued by Committee.

Chapter II. Issue of permissions

6. Issue of operating authorities on cultivation of the plants containing drugs and psychotropic substances is performed according to the procedure, provided by the current legislation.

7. Permission is issued to the physical person registered as the business owner, or the legal entity owning the private or leased according to the legislation parcels of land, rooms, buildings and the equipment necessary for implementation of activities for cultivation of the plants containing drugs and/or psychotropic substances.

8. For receipt of permission the applicant represents to Committee:

the statement for issue of permission with indication of the name and the address of the physical person registered as the business owner, or the legal entity;

the copies of registration documents of the company certified by the notary;

the name of type of activity for which implementation the application for issue of permission is submitted;

the documents confirming compliance of rooms for storage, conversion, use or destruction of the plants or raw materials containing drugs and/or psychotropic substances;

agreement on protection;

medical certificates, confirmatory that the workers who are engaged in cultivation, conversion, storage, use and destruction of the plants containing drugs and/or psychotropic substances did not consist or do not stay on the registry concerning the use of drugs;

the conclusion of law-enforcement bodies about absence at the workers who are engaged in cultivation, conversion, storage, use and destruction of the plants containing drugs and/or psychotropic substances, criminal records for making heavy, especially or extremely serious crime, or for crime execution, connected with drug trafficking;

name of culture and its type;

the location and the area of the parcel of land on which it is supposed to cultivate the plants containing drugs and psychotropic substances, and also the address of the room in which will be prepared, be processed, be used and to be destroyed plants and the raw materials received from them;

purposes of cultivation and detailed description of process of use of plants, raw materials and their seeds, and also destructions of their remaining balance;

the measures taken for ensuring safety of the cultivated plants, and also the raw materials and seeds received from them;

availability as a part of management of the company of the specialists having the professional training corresponding to the permitted activities.

9. The committee has the right to request the additional information and documents necessary for issue of permission according to the current legislation.

10. Information provided according to Item 8 and, as necessary, to Item 9, joins in permission or in appendix to the permission issued by Committee.

11. The permission issued to the physical person registered as the business owner or the legal entity cannot be transferred to other physical person or legal entity.

12. Permission is issued for a period of three years and can be withdrawn according to the current legislation, and also for violation of requirements of this provision.

13. Effective periods of permission shall not exceed licensed terms of core activity of the company, and also lease terms of the areas, rooms and structures used for cultivation, conversion, storage, use and destruction of the plants or raw materials containing drugs and/or psychotropic substances.

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