{"kind":"expression","expression":{"expr_id":"1669","doc_id":"1669","label":"Misuse of Drugs (Amendment) Act, 2024 (Act 24 of 2024)","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/amending\/2024\/24\/eng@2024-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/amending\/2024\/24\", \"expression\": \"\/akn\/ky\/act\/amending\/2024\/24\/eng@2024-01-01\", \"manifestation\": \"\/akn\/ky\/act\/amending\/2024\/24\/eng@2024-01-01.pdf\"}, \"pdf\": {\"md5\": \"2268eac2be9335a5b738ff0fc7677978\", \"path\": \"\/Users\/q\/kyleg-data\/working\/AMENDING\/2024\/2024-0024\/2024-0024.pdf\", \"pages\": 14, \"filename\": \"2024-0024.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 3204, \"paragraph_count\": 13, \"text_char_count\": 19566}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"General amendments to the Misuse of Drugs Act (2017 Revision) - deletion of the words 3. 4. 5. 6. 7. 8. 9.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Misuse of Drugs (Amendment) Act, 2024 MISUSE OF DRUGS (AMENDMENT) ACT, 2024 AN ACT TO AMEND THE MISUSE OF DRUGS ACT (2017 REVISION) TO ENHANCE THE LEGISLATIVE FRAMEWORK FOR COMBATTING ILLICIT TRAFFICKING ACTIVITIES CONDUCTED BY AIR; TO PROVIDE FOR RECIPROCAL ENFORCEMENT POWERS IN RELATION TO AIRCRAFT SUSPECTED OF BEING INVOLVED IN ILLICIT TRAFFICKING ACTIVITIES; TO DESIGNATE OFFICERS OF THE CAYMAN ISLANDS COAST GUARD AS ENFORCEMENT OFFICERS UNDER THE ACT; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Misuse of Drugs (Amendment) Act, 2024. 2. General amendments to the Misuse of Drugs Act (2017 Revision) - deletion of the words \u201ccustoms officer\u201d and substitution of the words \u201ccustoms and border control officer\u201d 2. The Misuse of Drugs Act (2017 Revision), in this Act referred to as the \u201cprincipal Act\u201d, is amended in the following sections by deleting the words \u201ccustoms officer\u201d, wherever they appear, and substituting the words \u201ccustoms and border control officer\u201d \u2014 (a) section 3(3); (b) section 5(1), (2) and (3); I Assent, Jane Owen Governor Date: 9th January, 2025 Misuse of Drugs (Amendment) Act, 2024 (c) section 6(1); (d) section 15; (e) section 25(1); and (f) section 26(1) and (8).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 2 - definitions and interpretation 3. The principal Act is amended in section 2 as follows \u2014 (a) by repealing the section heading and substituting the following section heading \u2014 \u201cInterpretation\u201d; and (b) in subsection (1) as follows \u2014 (i) in the definition of the words \u201cConvention state\u201d, by inserting after the words \u201cVienna Convention\u201d the words \u201cor the Treaty of San Jos\u00e9\u201d; (ii) by deleting the definition of the words \u201ccustoms officer\u201d and substituting the following definition \u2014 \u201c \u201ccustoms and border control officer\u201d means a public officer appointed under section 6 of the Customs and Border Control Act (2024 Revision) and includes any police officer or other person assisting the Customs and Border Control Service in any assigned matter;\u201d; (iii) in the definition of the words \u201cdrug trafficking offence\u201d, in paragraph (e), by inserting after the word \u201cship\u201d the words \u201cor aircraft\u201d; and (iv) by inserting in the appropriate alphabetical sequence, the following definitions \u2014 \u201c \u201cCayman aircraft\u201d means an aircraft registered in the Islands; \u201cCayman Islands waters\u201d means the sea or other waters within the seaward limits of the territorial sea of the Islands; \u201cChief Executive Officer\u201d, in relation to the Maritime Authority, means the Chief Executive Officer of the Maritime Authority of the Cayman Islands appointed under section 9 of the Maritime Authority Act (2013 Revision); \u201cCoast Guard\u201d means the Cayman Islands Coast Guard established under section 3 of the Cayman Islands Coast Guard Act, 2021; \u201cCommandant\u201d means the officer appointed by the Governor under section 14(2)(a) of the Cayman Islands Coast Guard Act, 2021 to have command of the Coast Guard; Misuse of Drugs (Amendment) Act, 2024 \u201ccommissioned officer of the Coast Guard\u201d means a person granted a commission by the Governor under section 14(1) of the Cayman Islands Coast Guard Act, 2021 and carrying rank and precedence within the Coast Guard in a rank specified in Part A of Schedule 1 to that Act; \u201cCustoms and Border Control Service\u201d means the Customs and Border Control Service established under section 3 of the Customs and Border Control Act (2024 Revision) and includes any officer authorized to act on its behalf; \u201cDirector-General of Civil Aviation\u201d means the Director-General of Civil Aviation appointed under section 11(1) of the Civil Aviation Authority Act (2015 Revision); \u201cenforcement officer\u201d means \u2014 (a) a constable; (b) a customs and border control officer; (c) an officer of the Coast Guard; or (d) any other person of a description specified in an Order made by the Cabinet for the purposes of Schedule 4; \u201cinternal waters\u201d, in relation to the Islands, means Cayman Islands waters landward of the baselines for measuring the breadth of its territorial sea; \u201cMaritime Authority\u201d means the Maritime Authority of the Cayman Islands established under section 3 of the Maritime Authority Act (2013 Revision); \u201cnon-commissioned officer of the Coast Guard\u201d means a person appointed by the Commandant under section 14(5) of the Cayman Islands Coast Guard Act, 2021 and carrying rank and precedence within the Coast Guard in a rank specified in Part B of Schedule 1 to that Act; \u201cofficer of the Coast Guard\u201d means a commissioned officer of the Coast Guard or a non-commissioned officer of the Coast Guard; \u201cterritorial sea\u201d, in relation to the Islands, has the meaning given by the Cayman Islands (Territorial Seas) Order 1989 [UKSI 1989\/2397]; and \u201cTreaty of San Jos\u00e9\u201d means the Agreement Concerning Cooperation in Suppressing Illicit Maritime and Air Trafficking in Narcotic Drugs and Psychotropic Substances in the Caribbean Area, signed in San Jos\u00e9 on 10th April, 2003;\u201d. Misuse of Drugs (Amendment) Act, 2024\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Amendment of section 7 - evidence 4. The principal Act is amended in section 7(5) by inserting after the word \u201cConvention\u201d the words \u201cor the Treaty of San Jos\u00e9\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of section 18 - offences on Cayman ships 5. The principal Act is amended in section 18 as follows \u2014 (a) in the section heading, by inserting after the word \u201cships\u201d the words \u201cand Cayman aircraft\u201d; and (b) by inserting after the word \u201cship\u201d the words \u201cor a Cayman aircraft\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Amendment of section 19 - ships used for illicit traffic 6. The principal Act is amended in section 19 as follows \u2014 (a) in the section heading, by inserting after the words \u201cShips\u201d the words \u201cand aircraft\u201d; (b) in subsection (1) as follows \u2014 (i) in paragraph (a), by inserting after the word \u201cship\u201d the words \u201cor a Cayman aircraft\u201d; and (ii) by repealing paragraph (b) and substituting the following paragraph \u2014 \u201c(b) a ship or an aircraft registered in a state other than the Islands which is a party to the Vienna Convention or the Treaty of San Jos\u00e9; and\u201d; and (c) in subsection (2) as follows \u2014 (i) by inserting after the words \u201ca ship\u201d the words \u201cor an aircraft\u201d; and (ii) in paragraph (b), by inserting after the words \u201cthe ship\u201d the words \u201cor the aircraft\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Repeal and substitution of section 20 - enforcement powers in respect of ships 7. The principal Act is amended by repealing section 20 and substituting the following section \u2014 \u201cEnforcement powers in respect of ships and aircraft\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"(1) The powers conferred on an enforcement officer by Schedule 4 are exercisable in relation to a ship or an aircraft to which section 18 or 19 applies for detecting and taking appropriate action in respect of the offences mentioned in those sections. (2) The powers referred to in subsection (1) are not exercisable outside the landward limits of the territorial sea of the Islands in relation to a Misuse of Drugs (Amendment) Act, 2024 ship or an aircraft registered in a Convention state except with the authority of the Governor or the relevant competent authority. (3) The Governor or the relevant competent authority shall not give authority under subsection (2) unless the relevant Convention state has, in relation to the ship or the aircraft \u2014 (a) requested the assistance of the Islands for the purpose mentioned in subsection (1); or (b) authorized the Islands to act for that purpose. (4) Where the Governor or the relevant competent authority gives the authority under subsection (2) pursuant to a request or authorization referred to in subsection (3), the Governor or the relevant competent authority shall impose conditions or limitations on the exercise of the powers as may be necessary to give effect to any conditions or limitations imposed by that state. (5) The Governor or the relevant competent authority, either of the Governor\u2019s or the relevant competent authority\u2019s own motion or in response to a request from a Convention state, may authorize that state to exercise, in relation to a Cayman ship or a Cayman aircraft, powers corresponding to those conferred on enforcement officers by Schedule 4 but subject to conditions or limitations, if any, as the Governor or the relevant competent authority may impose. (6) The powers conferred by Schedule 4 are not to be exercised in or over the territory or the territorial waters of a state other than the Islands without the authority of the Governor or the relevant competent authority. (7) The Governor or the relevant competent authority shall not give authority under subsection (6) unless the relevant state has consented to the exercise of those powers. (8) Subsections (2), (5) and (6) are without prejudice to any agreement made with any other state on behalf of the Islands, under which the Islands agrees to the reciprocal provision of assistance to detect and take appropriate action in relation to an offence under section 18 or\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"(9) The Governor or the relevant competent authority may request the assistance of the Chief Executive Officer of the Maritime Authority or any entity as may be reasonably required in the exercise of the powers of the Governor or the relevant competent authority under this section, and the Chief Executive Officer of the Maritime Authority or the entity shall provide the assistance requested to the Governor or the relevant competent authority. Misuse of Drugs (Amendment) Act, 2024 (10) The relevant competent authority may exercise the functions of the Governor under this section where the Governor delegates the functions to the relevant competent authority. (11) Where the Governor delegates the functions of the Governor under this section \u2014 (a) the delegation shall be in writing and the instrument of delegation shall be given to the relevant competent authority; and (b) the Governor may, by written notice to the relevant competent authority, at any time, revoke any functions so delegated. (12) For the purposes of this section, \u201crelevant competent authority\u201d means \u2014 (a) in relation to aircraft, the Director-General of Civil Aviation or the designate of the Director-General of Civil Aviation; and (b) in relation to ships, the Commandant or the designate of the Commandant.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Amendment of section 21 - jurisdiction and prosecutions in respect of ships 8. The principal Act is amended in section 21 as follows \u2014 (a) in the section heading, by inserting after the word \u201cships\u201d the words \u201cand aircraft\u201d; (b) in subsection (1), by inserting after the word \u201cship\u201d the words \u201cor an aircraft\u201d; and (c) in subsection (3), by inserting after the word \u201cship\u201d the words \u201cor an aircraft\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Repeal and substitution of section 22 - pursuit into territorial waters 9. The principal Act is amended by repealing section 22 and substituting the following section \u2014 \u201cEntry into territorial waters\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"(1) Subject to this section, a law enforcement official on board a law enforcement vessel of a Convention state may exercise in or over the internal waters and the territorial sea of the Islands the powers specified in paragraphs 2, 3 and 4 of Schedule 4 in relation to \u2014 (a) any ship or aircraft, when so authorized by \u2014 (i) a law enforcement official of the Islands who is embarked on a law enforcement vessel of the Convention state; or Misuse of Drugs (Amendment) Act, 2024 (ii) the Commandant, where there is no law enforcement official of the Islands embarked on the law enforcement vessel of the Convention state; (b) a ship or an aircraft which is reasonably suspected of engaging in the commission of a drug trafficking offence outside the landward limits of the territorial sea and is pursued into or over the territorial sea of the Islands by a law enforcement vessel of the Convention state; or (c) a ship or an aircraft, other than a Cayman ship or a Cayman aircraft, which is suspected of engaging in the commission of a drug trafficking offence. (2) A law enforcement official may only seize and detain a ship or an aircraft where a search under subsection (1) reveals evidence that the ship or the aircraft is being used for the commission of a drug trafficking offence. (3) A law enforcement vessel of a Convention state shall not exercise the powers specified in subsection (1) unless a law enforcement vessel of the Islands is not immediately available to exercise the powers specified in this section in relation to the ship or the aircraft suspected of engaging in a drug trafficking offence. (4) A law enforcement official of the Convention state shall, before exercising the powers under this section \u2014 (a) give advance notice of the law enforcement official\u2019s proposed action in relation to the ship or the aircraft to the Cayman Islands Coast Guard Operations and Rescue Coordination Centre or an enforcement officer; or (b) where it is not practical to give advance notice, notify the Cayman Islands Coast Guard Operations and Rescue Coordination Centre or an enforcement officer of any action taken in relation to the ship or the aircraft at the earliest opportunity after the action has been taken. (5) Where a law enforcement official of a Convention state exercises any of the powers conferred on the law enforcement official by this section \u2014 (a) paragraphs 5, 6, 7 and 8 of Schedule 4 shall apply to the law enforcement official; and (b) the Cabinet may waive the right of the Islands to its primary jurisdiction and may authorize the enforcement of the law of the Convention state against the ship or the aircraft, its cargo or any person on board the ship or the aircraft. Misuse of Drugs (Amendment) Act, 2024 (6) An enforcement officer may exercise in the territorial sea of a Convention state any of the powers given to a law enforcement official under this section subject to the same conditions applicable to the exercise of those powers by a law enforcement official. (7) In this section \u2014 \u201claw enforcement official\u201d means an official of a class selected by a Convention state to carry out the powers specified in this section; and \u201claw enforcement vessel\u201d, in relation to a Convention state, means \u2014 (a) an aircraft of that state \u2014 (i) which is authorized to be in the government\u2019s service of that state for the purposes of enforcement under this Act; (ii) on which law enforcement officials of that state are embarked; and (iii) which is clearly marked and identifiable as a law enforcement vessel; or (b) a warship or other non-commercial ship of that state \u2014 (i) which is authorized to be in the government\u2019s service of that state for the purposes of enforcement under this Act; (ii) on which law enforcement officials of that state are embarked; and (iii) which is clearly marked and identifiable as a law enforcement vessel, and includes any boat or aircraft embarked on that aircraft or ship.\u201d. 10. Amendment of Schedule 4 - enforcement powers in respect of ships 10. The principal Act is amended in Schedule 4 as follows \u2014 (a) in the Schedule Subheading, by inserting after the word \u201cSHIPS\u201d the words \u201cAND AIRCRAFT\u201d; (b) by repealing paragraph 1 and substituting the following paragraph \u2014 \u201cPreliminary 1. In this Schedule \u2014 \u201caircraft\u201d means the aircraft in relation to which the powers conferred by this Schedule are exercised; and \u201cship\u201d means the ship in relation to which the powers conferred by this Schedule are exercised.\u201d; (c) in paragraph 2 as follows \u2014 Misuse of Drugs (Amendment) Act, 2024 (i) in subparagraph (1), by deleting the words \u201cstop the ship\u201d and substituting the words \u201cpatrol in or over waters, stop a ship\u201d; (ii) by repealing subparagraph (2) and substituting the following subparagraph \u2014 \u201c(2) Where an enforcement officer is exercising the enforcement officer\u2019s powers in or over the waters of another state in accordance with section 20, the enforcement officer may require the ship to be taken to a port in the state in question, or if the state has so requested, in any other country or territory willing to receive it.\u201d; and (iii) by inserting after subparagraph (4) the following subparagraphs \u2014 \u201c(5) An enforcement officer may monitor an aircraft and where the aircraft lands in the Islands, the enforcement officer may detain the aircraft if the enforcement officer thinks it necessary for the exercise of the functions of the enforcement officer. (6) If an enforcement officer detains an aircraft, the enforcement officer shall serve on the pilot a written notice stating that the aircraft is to be detained until the notice is withdrawn by the service on the pilot of a further written notice by an enforcement officer.\u201d; (d) in paragraph 3 as follows \u2014 (i) by repealing subparagraph (1) and substituting the following subparagraph \u2014 \u201c(1) In accordance with the powers conferred under section 20, an enforcement officer may search a ship or an aircraft, anyone on the ship or the aircraft and anything on the ship or the aircraft, including its cargo.\u201d; (ii) in subparagraph (2), by inserting after the words \u201cthe ship\u201d, wherever they appear, the words \u201cor the aircraft\u201d; and (iii) in subparagraph (3), by inserting after the words \u201cthe ship\u201d, wherever they appear, the words \u201cor the aircraft\u201d; and Misuse of Drugs (Amendment) Act, 2024 (e) in paragraph 4 as follows \u2014 (i) by inserting after the words \u201ca ship\u201d the words \u201cor an aircraft\u201d; and (ii) in subparagraph (b), by inserting after the words \u201cthe ship\u201d the words \u201cor the aircraft\u201d. Passed by the Parliament the 16th day of December, 2024. Hon. Sir Alden McLaughlin Speaker Zena Merren-Chin Clerk of the Parliament\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2024_01_01\", \"date\": \"2024-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2024_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2024_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2024\/24\", \"FRBRdate\": [{\"date\": \"2024-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2024\/24\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2024-0024\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"24 of 2024\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"amending\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2024\/24\/eng@2024-01-01\", \"FRBRdate\": [{\"date\": \"2024-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2024\/24\/eng@2024-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2024\/24\/eng@2024-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2024\/24\/eng@2024-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Misuse of Drugs (Amendment) Act, 2024 (Act 24 of 2024)\", \"actNumber\": \"24 of 2024\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nMISUSE OF DRUGS (AMENDMENT) ACT,\n2024\n(Act 24 of 2024)\nSupplement No. 1 published with Legislation Gazette No. 2 dated 10th January, 2025.\n\u2000\n\nPage 2\nAct 24 of 2024\nc\n\nPUBLISHING DETAILS\n\nMisuse of Drugs (Amendment) Act, 2024\nArrangement of Sections\n\nc\nAct 24 of 2024\nPage 3\n\nCAYMAN ISLANDS\n\nMISUSE OF DRUGS (AMENDMENT) ACT, 2024\n(Act 24 of 2024)\nArrangement of Sections\nSection\nPage\n1.\nShort title ...................................................................................................................................5\n2.\nGeneral amendments to the Misuse of Drugs Act (2017 Revision) - deletion of the words\n\u201ccustoms officer\u201d and substitution of the words \u201ccustoms and border control officer\u201d ..................5\n3.\nAmendment of section 2 - definitions and interpretation .............................................................6\n4.\nAmendment of section 7 - evidence ...........................................................................................8\n5.\nAmendment of section 18 - offences on Cayman ships ..............................................................8\n6.\nAmendment of section 19 - ships used for illicit traffic ................................................................8\n7.\nRepeal and substitution of section 20 - enforcement powers in respect of ships ........................8\n8.\nAmendment of section 21 - jurisdiction and prosecutions in respect of ships............................ 10\n9.\nRepeal and substitution of section 22 - pursuit into territorial waters ........................................ 10\n10.\nAmendment of Schedule 4 - enforcement powers in respect of ships ...................................... 12\n\nMisuse of Drugs (Amendment) Act, 2024\nSection 1\n\nc\nAct 24 of 2024\nPage 5\n\nCAYMAN ISLANDS\n\nMISUSE OF DRUGS (AMENDMENT) ACT, 2024\n(Act 24 of 2024)\nAN ACT TO AMEND THE MISUSE OF DRUGS ACT (2017 REVISION) TO ENHANCE\nTHE LEGISLATIVE FRAMEWORK FOR COMBATTING ILLICIT TRAFFICKING\nACTIVITIES CONDUCTED BY AIR; TO PROVIDE FOR RECIPROCAL ENFORCEMENT\nPOWERS IN RELATION TO AIRCRAFT SUSPECTED OF BEING INVOLVED IN ILLICIT\nTRAFFICKING ACTIVITIES; TO DESIGNATE OFFICERS OF THE CAYMAN ISLANDS\nCOAST GUARD AS ENFORCEMENT OFFICERS UNDER THE ACT; AND FOR\nINCIDENTAL AND CONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nShort title\n1.\nThis Act may be cited as the Misuse of Drugs (Amendment) Act, 2024.\n2.\nGeneral amendments to the Misuse of Drugs Act (2017 Revision) - deletion\nof the words \u201ccustoms officer\u201d and substitution of the words \u201ccustoms and\nborder control officer\u201d\n2.\nThe Misuse of Drugs Act (2017 Revision), in this Act referred to as the \u201cprincipal\nAct\u201d, is amended in the following sections by deleting the words \u201ccustoms officer\u201d,\nwherever they appear, and substituting the words \u201ccustoms and border control\nofficer\u201d \u2014\n(a)\nsection 3(3);\n(b) section 5(1), (2) and (3);\n(Act 24 of 2024)\nI Assent,\nJane Owen\nGovernor\nDate: 9th January, 2025\n\nSection 3\nMisuse of Drugs (Amendment) Act, 2024\n\nPage 6\nAct 24 of 2024\nc\n\n(c)\nsection 6(1);\n(d) section 15;\n(e)\nsection 25(1); and\n(f)\nsection 26(1) and (8).\n3.\nAmendment of section 2 - definitions and interpretation\n3.\nThe principal Act is amended in section 2 as follows \u2014\n(a)\nby repealing the section heading and substituting the following section\nheading \u2014\n\u201cInterpretation\u201d; and\n(b) in subsection (1) as follows \u2014\n(i)\nin the definition of the words \u201cConvention state\u201d, by inserting after\nthe words \u201cVienna Convention\u201d the words \u201cor the Treaty of San\nJos\u00e9\u201d;\n(ii) by deleting the definition of the words \u201ccustoms officer\u201d and\nsubstituting the following definition \u2014\n\u201c \u201ccustoms and border control officer\u201d means a public officer\nappointed under section 6 of the Customs and Border Control Act\n(2024 Revision) and includes any police officer or other person\nassisting the Customs and Border Control Service in any assigned\nmatter;\u201d;\n(iii) in the definition of the words \u201cdrug trafficking offence\u201d, in\nparagraph (e), by inserting after the word \u201cship\u201d the words \u201cor\naircraft\u201d; and\n(iv) by inserting in the appropriate alphabetical sequence, the following\ndefinitions \u2014\n\u201c \u201cCayman aircraft\u201d means an aircraft registered in the Islands;\n\u201cCayman Islands waters\u201d means the sea or other waters within the\nseaward limits of the territorial sea of the Islands;\n\u201cChief Executive Officer\u201d, in relation to the Maritime Authority,\nmeans the Chief Executive Officer of the Maritime Authority of the\nCayman Islands appointed under section 9 of the Maritime Authority\nAct (2013 Revision);\n\u201cCoast Guard\u201d means the Cayman Islands Coast Guard established\nunder section 3 of the Cayman Islands Coast Guard Act, 2021;\n\u201cCommandant\u201d means the officer appointed by the Governor under\nsection 14(2)(a) of the Cayman Islands Coast Guard Act, 2021 to\nhave command of the Coast Guard;\n\nMisuse of Drugs (Amendment) Act, 2024\nSection 3\n\nc\nAct 24 of 2024\nPage 7\n\n\u201ccommissioned officer of the Coast Guard\u201d means a person\ngranted a commission by the Governor under section 14(1) of the\nCayman Islands Coast Guard Act, 2021 and carrying rank and\nprecedence within the Coast Guard in a rank specified in Part A of\nSchedule 1 to that Act;\n\u201cCustoms and Border Control Service\u201d means the Customs and\nBorder Control Service established under section 3 of the Customs\nand Border Control Act (2024 Revision) and includes any officer\nauthorized to act on its behalf;\n\u201cDirector-General of Civil Aviation\u201d means the Director-General\nof Civil Aviation appointed under section 11(1) of the Civil Aviation\nAuthority Act (2015 Revision);\n\u201cenforcement officer\u201d means \u2014\n(a)\na constable;\n(b) a customs and border control officer;\n(c)\nan officer of the Coast Guard; or\n(d) any other person of a description specified in an Order made by\nthe Cabinet for the purposes of Schedule 4;\n\u201cinternal waters\u201d, in relation to the Islands, means Cayman Islands\nwaters landward of the baselines for measuring the breadth of its\nterritorial sea;\n\u201cMaritime Authority\u201d means the Maritime Authority of the\nCayman Islands established under section 3 of the Maritime\nAuthority Act (2013 Revision);\n\u201cnon-commissioned officer of the Coast Guard\u201d means a person\nappointed by the Commandant under section 14(5) of the Cayman\nIslands Coast Guard Act, 2021 and carrying rank and precedence\nwithin the Coast Guard in a rank specified in Part B of Schedule 1 to\nthat Act;\n\u201cofficer of the Coast Guard\u201d means a commissioned officer of the\nCoast Guard or a non-commissioned officer of the Coast Guard;\n\u201cterritorial sea\u201d, in relation to the Islands, has the meaning given by\nthe Cayman Islands (Territorial Seas) Order 1989 [UKSI\n1989\/2397]; and\n\u201cTreaty of San Jos\u00e9\u201d means the Agreement Concerning Cooperation in Suppressing Illicit Maritime and Air Trafficking in\nNarcotic Drugs and Psychotropic Substances in the Caribbean Area,\nsigned in San Jos\u00e9 on 10th April, 2003;\u201d.\n\nSection 4\nMisuse of Drugs (Amendment) Act, 2024\n\nPage 8\nAct 24 of 2024\nc\n\n4.\nAmendment of section 7 - evidence\n4.\nThe principal Act is amended in section 7(5) by inserting after the word \u201cConvention\u201d\nthe words \u201cor the Treaty of San Jos\u00e9\u201d.\n5.\nAmendment of section 18 - offences on Cayman ships\n5.\nThe principal Act is amended in section 18 as follows \u2014\n(a)\nin the section heading, by inserting after the word \u201cships\u201d the words \u201cand\nCayman aircraft\u201d; and\n(b) by inserting after the word \u201cship\u201d the words \u201cor a Cayman aircraft\u201d.\n6.\nAmendment of section 19 - ships used for illicit traffic\n6.\nThe principal Act is amended in section 19 as follows \u2014\n(a)\nin the section heading, by inserting after the words \u201cShips\u201d the words \u201cand\naircraft\u201d;\n(b) in subsection (1) as follows \u2014\n(i)\nin paragraph (a), by inserting after the word \u201cship\u201d the words \u201cor a\nCayman aircraft\u201d; and\n(ii) by repealing paragraph (b) and substituting the following\nparagraph \u2014\n\u201c(b) a ship or an aircraft registered in a state other than the Islands\nwhich is a party to the Vienna Convention or the Treaty of San\nJos\u00e9; and\u201d; and\n(c)\nin subsection (2) as follows \u2014\n(i)\nby inserting after the words \u201ca ship\u201d the words \u201cor an aircraft\u201d; and\n(ii) in paragraph (b), by inserting after the words \u201cthe ship\u201d the words\n\u201cor the aircraft\u201d.\n7.\nRepeal and substitution of section 20 - enforcement powers in respect of\nships\n7.\nThe principal Act is amended by repealing section 20 and substituting the following\nsection \u2014\n\u201cEnforcement powers in respect of ships and aircraft\n20. (1) The powers conferred on an enforcement officer by Schedule 4 are\nexercisable in relation to a ship or an aircraft to which section 18 or\n19 applies for detecting and taking appropriate action in respect of\nthe offences mentioned in those sections.\n(2) The powers referred to in subsection (1) are not exercisable outside\nthe landward limits of the territorial sea of the Islands in relation to a\n\nMisuse of Drugs (Amendment) Act, 2024\nSection 7\n\nc\nAct 24 of 2024\nPage 9\n\nship or an aircraft registered in a Convention state except with the\nauthority of the Governor or the relevant competent authority.\n(3) The Governor or the relevant competent authority shall not give\nauthority under subsection (2) unless the relevant Convention state\nhas, in relation to the ship or the aircraft \u2014\n(a)\nrequested the assistance of the Islands for the purpose\nmentioned in subsection (1); or\n(b) authorized the Islands to act for that purpose.\n(4) Where the Governor or the relevant competent authority gives the\nauthority under subsection (2) pursuant to a request or authorization\nreferred to in subsection (3), the Governor or the relevant competent\nauthority shall impose conditions or limitations on the exercise of the\npowers as may be necessary to give effect to any conditions or\nlimitations imposed by that state.\n(5) The Governor or the relevant competent authority, either of the\nGovernor\u2019s or the relevant competent authority\u2019s own motion or in\nresponse to a request from a Convention state, may authorize that\nstate to exercise, in relation to a Cayman ship or a Cayman aircraft,\npowers corresponding to those conferred on enforcement officers by\nSchedule 4 but subject to conditions or limitations, if any, as the\nGovernor or the relevant competent authority may impose.\n(6) The powers conferred by Schedule 4 are not to be exercised in or over\nthe territory or the territorial waters of a state other than the Islands\nwithout the authority of the Governor or the relevant competent\nauthority.\n(7) The Governor or the relevant competent authority shall not give\nauthority under subsection (6) unless the relevant state has consented\nto the exercise of those powers.\n(8) Subsections (2), (5) and (6) are without prejudice to any agreement\nmade with any other state on behalf of the Islands, under which the\nIslands agrees to the reciprocal provision of assistance to detect and\ntake appropriate action in relation to an offence under section 18 or\n19.\n(9) The Governor or the relevant competent authority may request the\nassistance of the Chief Executive Officer of the Maritime Authority\nor any entity as may be reasonably required in the exercise of the\npowers of the Governor or the relevant competent authority under\nthis section, and the Chief Executive Officer of the Maritime\nAuthority or the entity shall provide the assistance requested to the\nGovernor or the relevant competent authority.\n\nSection 8\nMisuse of Drugs (Amendment) Act, 2024\n\nPage 10\nAct 24 of 2024\nc\n\n(10) The relevant competent authority may exercise the functions of the\nGovernor under this section where the Governor delegates the\nfunctions to the relevant competent authority.\n(11) Where the Governor delegates the functions of the Governor under\nthis section \u2014\n(a)\nthe delegation shall be in writing and the instrument of\ndelegation shall be given to the relevant competent authority;\nand\n(b) the Governor may, by written notice to the relevant competent\nauthority, at any time, revoke any functions so delegated.\n(12) For the purposes of this section, \u201crelevant competent authority\u201d\nmeans \u2014\n(a)\nin relation to aircraft, the Director-General of Civil Aviation or\nthe designate of the Director-General of Civil Aviation; and\n(b) in relation to ships, the Commandant or the designate of the\nCommandant.\u201d.\n8.\nAmendment of section 21 - jurisdiction and prosecutions in respect of ships\n8.\nThe principal Act is amended in section 21 as follows \u2014\n(a)\nin the section heading, by inserting after the word \u201cships\u201d the words \u201cand\naircraft\u201d;\n(b) in subsection (1), by inserting after the word \u201cship\u201d the words \u201cor an\naircraft\u201d; and\n(c)\nin subsection (3), by inserting after the word \u201cship\u201d the words \u201cor an\naircraft\u201d.\n9.\nRepeal and substitution of section 22 - pursuit into territorial waters\n9.\nThe principal Act is amended by repealing section 22 and substituting the following\nsection \u2014\n\u201cEntry into territorial waters\n22. (1) Subject to this section, a law enforcement official on board a law\nenforcement vessel of a Convention state may exercise in or over the\ninternal waters and the territorial sea of the Islands the powers\nspecified in paragraphs 2, 3 and 4 of Schedule 4 in relation to \u2014\n(a)\nany ship or aircraft, when so authorized by \u2014\n(i)\na law enforcement official of the Islands who is embarked\non a law enforcement vessel of the Convention state; or\n\nMisuse of Drugs (Amendment) Act, 2024\nSection 9\n\nc\nAct 24 of 2024\nPage 11\n\n(ii) the Commandant, where there is no law enforcement\nofficial of the Islands embarked on the law enforcement\nvessel of the Convention state;\n(b) a ship or an aircraft which is reasonably suspected of engaging\nin the commission of a drug trafficking offence outside the\nlandward limits of the territorial sea and is pursued into or over\nthe territorial sea of the Islands by a law enforcement vessel of\nthe Convention state; or\n(c)\na ship or an aircraft, other than a Cayman ship or a Cayman\naircraft, which is suspected of engaging in the commission of a\ndrug trafficking offence.\n(2) A law enforcement official may only seize and detain a ship or an\naircraft where a search under subsection (1) reveals evidence that the\nship or the aircraft is being used for the commission of a drug\ntrafficking offence.\n(3) A law enforcement vessel of a Convention state shall not exercise the\npowers specified in subsection (1) unless a law enforcement vessel\nof the Islands is not immediately available to exercise the powers\nspecified in this section in relation to the ship or the aircraft suspected\nof engaging in a drug trafficking offence.\n(4) A law enforcement official of the Convention state shall, before\nexercising the powers under this section \u2014\n(a)\ngive advance notice of the law enforcement official\u2019s proposed\naction in relation to the ship or the aircraft to the Cayman\nIslands Coast Guard Operations and Rescue Coordination\nCentre or an enforcement officer; or\n(b) where it is not practical to give advance notice, notify the\nCayman Islands Coast Guard Operations and Rescue\nCoordination Centre or an enforcement officer of any action\ntaken in relation to the ship or the aircraft at the earliest\nopportunity after the action has been taken.\n(5) Where a law enforcement official of a Convention state exercises any\nof the powers conferred on the law enforcement official by this\nsection \u2014\n(a)\nparagraphs 5, 6, 7 and 8 of Schedule 4 shall apply to the law\nenforcement official; and\n(b) the Cabinet may waive the right of the Islands to its primary\njurisdiction and may authorize the enforcement of the law of the\nConvention state against the ship or the aircraft, its cargo or any\nperson on board the ship or the aircraft.\n\nSection 10\nMisuse of Drugs (Amendment) Act, 2024\n\nPage 12\nAct 24 of 2024\nc\n\n(6) An enforcement officer may exercise in the territorial sea of a\nConvention state any of the powers given to a law enforcement\nofficial under this section subject to the same conditions applicable\nto the exercise of those powers by a law enforcement official.\n(7) In this section \u2014\n\u201claw enforcement official\u201d means an official of a class selected by\na Convention state to carry out the powers specified in this section;\nand\n\u201claw enforcement vessel\u201d, in relation to a Convention state,\nmeans \u2014\n(a) an aircraft of that state \u2014\n(i)\nwhich is authorized to be in the government\u2019s service of\nthat state for the purposes of enforcement under this Act;\n(ii) on which law enforcement officials of that state are\nembarked; and\n(iii) which is clearly marked and identifiable as a law\nenforcement vessel; or\n(b) a warship or other non-commercial ship of that state \u2014\n(i)\nwhich is authorized to be in the government\u2019s service of\nthat state for the purposes of enforcement under this Act;\n(ii) on which law enforcement officials of that state are\nembarked; and\n(iii) which is clearly marked and identifiable as a law\nenforcement vessel,\nand includes any boat or aircraft embarked on that aircraft or ship.\u201d.\n10.\nAmendment of Schedule 4 - enforcement powers in respect of ships\n10. The principal Act is amended in Schedule 4 as follows \u2014\n(a)\nin the Schedule Subheading, by inserting after the word \u201cSHIPS\u201d the\nwords \u201cAND AIRCRAFT\u201d;\n(b) by repealing paragraph 1 and substituting the following paragraph \u2014\n\u201cPreliminary\n1.\nIn this Schedule \u2014\n\u201caircraft\u201d means the aircraft in relation to which the powers\nconferred by this Schedule are exercised; and\n\u201cship\u201d means the ship in relation to which the powers conferred by\nthis Schedule are exercised.\u201d;\n(c)\nin paragraph 2 as follows \u2014\n\nMisuse of Drugs (Amendment) Act, 2024\nSection 10\n\nc\nAct 24 of 2024\nPage 13\n\n(i)\nin subparagraph (1), by deleting the words \u201cstop the ship\u201d and\nsubstituting the words \u201cpatrol in or over waters, stop a ship\u201d;\n(ii) by repealing subparagraph (2) and substituting the following\nsubparagraph \u2014\n\u201c(2) Where an enforcement officer is exercising the enforcement\nofficer\u2019s powers in or over the waters of another state in\naccordance with section 20, the enforcement officer may\nrequire the ship to be taken to a port in the state in question, or\nif the state has so requested, in any other country or territory\nwilling to receive it.\u201d; and\n(iii) by inserting after subparagraph (4) the following subparagraphs \u2014\n\u201c(5) An enforcement officer may monitor an aircraft and where the\naircraft lands in the Islands, the enforcement officer may detain\nthe aircraft if the enforcement officer thinks it necessary for the\nexercise of the functions of the enforcement officer.\n(6) If an enforcement officer detains an aircraft, the enforcement\nofficer shall serve on the pilot a written notice stating that the\naircraft is to be detained until the notice is withdrawn by the\nservice on the pilot of a further written notice by an enforcement\nofficer.\u201d;\n(d) in paragraph 3 as follows \u2014\n(i)\nby repealing subparagraph (1) and substituting the following\nsubparagraph \u2014\n\u201c(1) In accordance with the powers conferred under section 20, an\nenforcement officer may search a ship or an aircraft, anyone on\nthe ship or the aircraft and anything on the ship or the aircraft,\nincluding its cargo.\u201d;\n(ii) in subparagraph (2), by inserting after the words \u201cthe ship\u201d, wherever\nthey appear, the words \u201cor the aircraft\u201d; and\n(iii) in subparagraph (3), by inserting after the words \u201cthe ship\u201d, wherever\nthey appear, the words \u201cor the aircraft\u201d; and\n\nSection 10\nMisuse of Drugs (Amendment) Act, 2024\n\nPage 14\nAct 24 of 2024\nc\n\n(e)\nin paragraph 4 as follows \u2014\n(i)\nby inserting after the words \u201ca ship\u201d the words \u201cor an aircraft\u201d; and\n(ii) in subparagraph (b), by inserting after the words \u201cthe ship\u201d the words\n\u201cor the aircraft\u201d.\nPassed by the Parliament the 16th day of December, 2024.\nHon. Sir Alden McLaughlin\nSpeaker\nZena Merren-Chin\nClerk of the Parliament","akn_extracted_at":"2026-06-22 15:41:48.810251+00","cms_id":"2024-0024","law_type":"amending","year":"2024","number":"24","title":"Misuse of Drugs (Amendment) Act, 2024 (Act 24 of 2024)","status":"spent"},"provenance":{"files":[{"file_id":"6509","expr_id":"1669","kind":"akn_xml","filename":"2024-0024.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/AMENDING\/2024\/2024-0024\/2024-0024.akn.xml","content_md5":"f76fd99de031ea33e3146eaa790b6a48","byte_size":"22021","http_last_modified":null,"fetched_at":"2026-06-22 15:41:48.923924+00"},{"file_id":"3337","expr_id":"1669","kind":"pristine_pdf","filename":"2024-0024.pdf","source_url":"\/cms\/images\/LEGISLATION\/AMENDING\/2024\/2024-0024\/2024-0024.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/AMENDING\/2024\/2024-0024\/2024-0024.pdf","content_md5":"2268eac2be9335a5b738ff0fc7677978","byte_size":"333547","http_last_modified":null,"fetched_at":"2026-06-16 04:01:10.936832+00"},{"file_id":"3338","expr_id":"1669","kind":"working_pdf","filename":"2024-0024.pdf","source_url":"\/cms\/images\/LEGISLATION\/AMENDING\/2024\/2024-0024\/2024-0024.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/AMENDING\/2024\/2024-0024\/2024-0024.pdf","content_md5":"2268eac2be9335a5b738ff0fc7677978","byte_size":"333547","http_last_modified":null,"fetched_at":"2026-06-16 04:01:10.936832+00"}],"paragraph_count":4,"latest_history":null},"quality":{"expr_id":"1669","doc_id":"1669","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"repeated line furniture detected: cayman islands x3; act 24 of 2024 x16; misuse of drugs amendment act 2024 x13; duplicate-line ratio is 13.40%","assessed_at":"2026-06-22 15:29:46.498609+00","updated_at":"2026-06-22 15:29:46.498609+00"}}