of June 3, 2009 No. 589
About approval of the Procedure of the activities connected with drug trafficking, psychotropic substances, precursors, including hemp for the medical purposes, and control of their turnover
According to the Law of Ukraine "About drugs, and precursors" the Cabinet of Ministers of Ukraine decides psychotropic substances:
1. Approve the Procedure of the activities connected with drug trafficking, psychotropic substances, precursors, including hemp for the medical purposes, and control of their turnover which is applied.
2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.
Prime Minister of Ukraine
Yu. Tymoshenko
Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 3, 2009, No. 589
1. This Procedure determines the procedure of production by the subjects of managing registered as legal entities, irrespective of their form of business, pattern of ownership and the physical persons entrepreneurs having the license for implementation of medical or veterinary practice (further - subjects of managing), the activities connected with cultivation of plants (except hemp for the industrial purposes determined by the Law of Ukraine "About drugs, psychotropic substances and precursors" (further - the Law), development, production, production, storage, transportation, acquisition, realization (leave), import to the territory of Ukraine, export from its territory, en route through the territory of Ukraine, use, destruction (further - turnover) of drugs, psychotropic substances, precursors, including hemp for the medical purposes included in the list of drugs psychotropic substances and precursors, No. 770 approved by the resolution of the Cabinet of Ministers of Ukraine of May 6, 2000 (The Official Bulletin of Ukraine, 2000, No. 19, the Art. 789) (further - the list), and control of their turnover.
2. Action of this Procedure extends to subjects of managing who according to the law perform the activities connected with:
hemp turnover for the medical purposes, products of their conversion, vegetable substance of cannabis and the made (made) from them medicines;
drug trafficking, the psychotropic substances included in tables II and III of the list, and the precursors included in the list No. 1 of the table IV of the list, registered in accordance with the established procedure as finished pharmaceutical products and active ingredients (substances) (further - the means and substances included in tables II and III of the list, and the precursors included in the list No. 1 of the table IV of the list);
turnover of medicines (medicines) containing the drugs, psychotropic substances included in tables II and III of the list, and (or) the precursors included in the table IV of the list in the quantity exceeding their maximum permissible quantity determined by the resolution of the Cabinet of Ministers of Ukraine of October 10, 2007 No. 1203 (The Official Bulletin of Ukraine, 2007, No. 78, the Art. 2885) registered in accordance with the established procedure as finished pharmaceutical products and active ingredients (substances) (further - the medicines containing drugs, psychotropic substances and precursors in the quantity exceeding maximum permissible);
turnover of medicines (medicines) containing the drugs, psychotropic substances included in tables II and III of the list, and (or) the precursors included in the table IV of the list, in the quantity which is not exceeding their maximum permissible quantity determined by the resolution of the Cabinet of Ministers of Ukraine of October 10, 2007 No. 1203, registered in accordance with the established procedure as finished pharmaceutical products and active ingredients (substances) (further - the medicines containing small amount of drugs, psychotropic substances and precursors);
turnover of the precursors included in the list No. 2 of the table IV of the list;
cultivation of the plants included in lists No. 3 and 4 of the table I of the list except crops and cultivation of hemp for the industrial purposes;
destruction (removal) of the drugs, psychotropic substances and precursors included in the list, withdrawn from illicit trafficking by National police, the SSU, State frontier service, Office of the Attorney-General within their powers during operational search activities and pre-judicial investigation and also State Customs Service;
conversion (extraction) of raw materials of hemp for the industrial purposes (leaves and tops of plant) which is followed by release of psychotropic substances.
Action of this Procedure does not extend to activities for circulation of medicines, containing drugs, psychotropic substances and precursors, conducted by person authorized on implementation of procurements in the field of health care, by results of the purchase which is carried out by person authorized on implementation of purchases in the field of health care for means of the government budget.
In case of lack of the license for implementation of economic activity on drug trafficking, psychotropic substances and precursors at person authorized on implementation of purchases in the field of health care, ensuring compliance with article 7 of the Law is performed by attraction by person authorized on implementation of purchases in the field of health care, the subjects of managing having the license for implementation of economic activity on drug trafficking, psychotropic substances and precursors with observance of requirements of the Law of Ukraine "About public purchases".
3. Transfer of hemp for the medical purposes, products of their conversion, vegetable substance of cannabis, the made (made) from them medicines, drugs, psychotropic substances and precursors in post (including international) departures, and also as the humanitarian assistance is forbidden, except cases when drugs, psychotropic substances and precursors go to the corresponding administrative and territorial units according to the separate decision of the Cabinet of Ministers of Ukraine during emergency state.
4. The activities connected with hemp turnover for the medical purposes, products of their conversion, vegetable substance of cannabis, drugs, psychotropic substances included in tables II and III of the list and the precursors included in the list No. 1 of the table IV of the list of the medicines containing drugs, psychotropic substances and precursors in the quantity exceeding maximum permissible are performed by subjects of managing based on the license for implementation of economic activity on drug trafficking, psychotropic substances and precursors (further - the license).
Subjects of managing shall perform activities for hemp turnover for the medical purposes, products of their conversion, vegetable substance of cannabis, drugs, psychotropic substances included in tables II and III of the list and the precursors included in the table IV of the list, the medicines containing drugs, psychotropic substances and precursors in the quantity exceeding maximum permissible is exclusive in places of implementation of activities according to the license.
5. Transactions on realization of hemp for the medical purposes, products of their conversion, vegetable substance of cannabis, drugs, psychotropic substances included in tables II and III of the List and the precursors included in the list No. 1 of the table IV of the list, the medicines containing drugs, psychotropic substances and precursors in the quantity exceeding maximum permissible are performed only between the subjects of managing having the license.
6. The subjects of managing performing activities for cultivation of the plants included in the list No. 4 of the table I of the list, production or import of vegetable substance of cannabis, production from them of drugs, psychotropic substances or medicines, including production in the conditions of drugstore according to the recipe of the doctor or to order treatment and prevention facilities, and also activities for turnover of the medicines made, made of them, shall keep subject and quantitative account at all stages of implementation of the corresponding types of activity by timely registration of transactions in the electronic information system of accounting determined in Regulations on electronic information system of the grown-up hemp plants for the medical purposes, movement of such plants, products of their conversion, vegetable substance of cannabis, the made (made) from them medicines at all stages of the address the Cabinet of Ministers of Ukraine approved by the resolution of July 25, 2024 No. 857 (The Official Bulletin of Ukraine 2024, No. 71, the Art. 4254) (further - electronic information system). The documents confirming implementation of transactions of accounting shall be stored during license effective period.
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