reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter IV - Offenses and Penalties (§§ 2401 — 2415) › § 2405 - Distribution to persons under age eighteen

(a) Any person over eighteen years of age who violates § 2401(a)(1) of this title by distributing, dispensing or in any other way transfers or administers a controlled substance to a person under eighteen years of age, or who in any way induces or aids to, or conspires with others to induce a person under eighteen (18) years of age, to use a controlled substance shall incur in a felony and upon conviction thereof, except as provided in subsection (b) of this section shall be punished up to twice the penalties provided in § 2401(b) of this title for the first offense, involving the same controlled substance and schedule.
(b) Any person over eighteen years of age who violates § 2401(a)(1) of this title, by distributing a controlled substance to a person under 18 years of age after a prior conviction or convictions under subsection (a) of this section shall incur in a felony and, upon conviction thereof, shall be punished up to three times that provided by § 2401(b) of this title, for a second offense involving the same controlled substance and schedule.
(c) Any person over the age of 18 who violates subsection (c)(1) of § 2411b of this title by distributing, delivering or dispensing drug paraphernalia to a person under the age of 18 shall be guilty of a separate crime, and upon conviction thereof, shall be sentenced to pay or serve double the amounts or terms provided in subsection (c)(1) of § 2411b of this title.
History —June 23, 1971, No. 4, p. 526, § 405; May 10, 1985, No. 7, p. 28, § 1; Sept. 3, 1997, No. 110, § 2, eff. 30 days after Sept. 3, 1997.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter IV - Offenses and Penalties (§§ 2401 — 2415) › § 2406 - Attempt and conspiracy

Any person who attempts or conspires to commit any offense defined in this chapter, upon conviction thereof, shall be punished by imprisonment and further may be fined at the discretion of the court, which penalty shall not exceed the penalty prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
—June 23, 1971, No. 4, p. 526, § 406, eff. 180 days after June 23, 1971.
History
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter IV - Offenses and Penalties (§§ 2401 — 2415) › § 2407 - Additional penalties

Any penalty imposed for violation of this chapter shall be in addition to, and not in lieu of, any administrative fine, except as otherwise provided by this chapter.
History —June 23, 1971, No. 4, p. 526, § 407, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter IV - Offenses and Penalties (§§ 2401 — 2415) › § 2408 - Continuing criminal enterprise

(a)
(1) Any person who engages in a continuing criminal enterprise shall incur a felony, and upon conviction thereof shall be sentenced to imprisonment for a fixed term of ninety-nine (99) years.
The court, at its discretion, may impose a fine not to exceed two hundred thousand dollars ($200,000) in addition to the term of imprisonment, and the seizure as prescribed in clause (2) of this subsection.
(2) Any person who is convicted under clause (1) of this subsection of engaging in a continuing criminal enterprise shall forfeit to the Commonwealth of Puerto Rico:
(A) The profits obtained by him in such enterprise, and
(B) any of his interest in, claim against, or property or contractual rights of any kind affording a source of influence over such enterprise.
(b) A continuing criminal enterprise shall be understood to be any act, threat or omission which constitutes a felony or an attempted felony committed by any two (2) or more persons, a partnership, corporation, association or any union or group of associated persons or any other juridical or de facto entity, in violation of any of the provisions of this chapter, when at least two (2) such violations have been committed within a period of ten (10) years, and at least one of which must occur after the effective date of this act. For the purpose of computing the period of ten (10) years provided above, any term of imprisonment served by the accused shall be excluded.
(c) In the case of a sentence imposed under this section, the execution of such sentence shall not be suspended, and the provisions of §§ 1161, 1162 and 1164 of Title 4, the provisions of § 1042 of Title 34, and the provisions of §§ 1501 et seq. of Title 4, concerning parole, shall not apply.
(d) The Court of First Instance shall have jurisdiction under subsection (a) of this section to enter such restraining orders or prohibitions, or to take such other actions it may deem convenient, including the acceptance of satisfactory performance bonds, in connection with any property or interest subject to forfeiture under this chapter.
(e) Penal action under this section shall not prescribe.
History —June 23, 1971, No. 4, p. 526, § 408; June 4, 1980, No. 109, p. 350, § 1; Aug. 5, 1993, No. 58, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter IV - Offenses and Penalties (§§ 2401 — 2415) › § 2409 - Penalties for officers and employees

Any official or employee engaged in the administration and implementation of this chapter shall be guilty of a felony when he:
(a) Directly or indirectly engages in any industry, in the manufacture, distribution or dispensing of any controlled substance subject to the provisions of this chapter while in office;
(b) knowingly performs any act of extortion or pressure, under the pretext of being ordered by law; or
(c) knowingly demands other or larger sums than those authorized by this chapter or receives any fee, profit, compensation or remuneration not authorized under this chapter for the performance of any duty; or
(d) fails to comply with any of the duties imposed herein; or
(e) provides the opportunity for any other person to violate the law; or
(f) performs or fails to perform any act with the intention of giving another person the opportunity of violating the law; or
(g) negligently or intentionally permits any person to violate the law; or
(h) being aware or being informed of the violation of any of the provisions of this chapter by any person, fails to inform the Secretary of Health or the Superintendent of Police of said violation; or
(i) directly or indirectly demands, accepts or attempts to collect, as payment, gift or in any other way an amount of money or any other thing of value for the arrangement, transaction or solution of any accusation or complaint of having violated or tried to violate this chapter, or
(j) reveals or discloses to any person in any manner not authorized by this chapter, the information contained in the declarations, official books, records or other documents.
The official or employee who is guilty of any of the violations stated in this section shall be punished, upon conviction thereof, by imprisonment for a fixed term of six (6) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of ten (10) years; if should there be extenuating circumstances, it may be reduced to a minimum of four (4) years.
The court, in its discretion, may impose the fixed penalty of imprisonment established, or a fine that shall not exceed ten thousand dollars ($10,000) nor be less than two thousand dollars ($2,000), or both penalties.
History —June 23, 1971, No. 4, p. 526, § 409; June 4, 1980, No. 109, p. 350, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter IV - Offenses and Penalties (§§ 2401 — 2415) › § 2410 - Deceit in transactions of controlled substances, transactions of adulterated controlled substances

Any person who agrees, consents to, negotiates or in any other way offers any of the controlled substances included in Schedules I to V, for sale, delivery, use or gift and later deceitfully sells, gives, delivers, transfers or administers any other substance, material or liquid pretending that said substance is the object of the transaction, shall be guilty of a felony, and, upon conviction thereof, shall be sentenced to imprisonment for a fixed term of six (6) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of ten (10) years; if there should be extenuating circumstances, it may be reduced to a minimum of four (4) years. This section shall be applicable to any person whether authorized to carry out the transaction or not.
Any person who is in the legal trade, due to being authorized to make the transaction, who agrees, consents to, negotiates or in any other way offers for sale, delivery, use or gift any of the controlled substances included in Schedules I to V, which is adulterated, shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for a fixed term of six (6) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of ten (10) years; if there should be extenuating circumstances, it may be reduced to a minimum of four (4) years.
For the purposes of this section, an adulterated substance is one whose original strength, quality or purity is or has been affected or altered by the addition of any substance or chemical, physical or biological agent, whether the substance or agent is alien to the original formula or not.
History —June 23, 1971, No. 4, p. 526, § 410; June 22, 1975, No. 52, p. 118, § 6; June 4, 1980, No. 109, p. 350, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter IV - Offenses and Penalties (§§ 2401 — 2415) › § 2411 - Employment of minors

Any person who uses the services of a person under 18 years of age in the transportation, manufacture, distribution, dispensing of any of the controlled substances comprised in this chapter, for unlawful purposes in accordance therewith, shall incur in a felony and upon conviction thereof, shall be punished by twice the penalties provided in § 2401(b) of this title for an offense committed for the first time which involves the same controlled substance and the same classification in accordance with the schedule established by said § 2401(b); for the second and subsequent violations to this section, the person shall incur in a felony and, upon conviction thereof, shall be punished by triple the penalties provided in § 2401(b) of this title for a subsequent offense which involves the same controlled substance and the same classification in accordance with the schedule established by said § 2401(b).
History —June 23, 1971, No. 4, p. 526, § 411; Apr. 17, 1972, No. 16, p. 30, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter IV - Offenses and Penalties (§§ 2401 — 2415) › § 2412 - Exclusive jurisdiction of Court of First Instance

The Court of First Instance shall have exclusive original jurisdiction in all judicial proceedings prosecuted under this chapter including cases of misdemeanor, except that in cases of misdemeanor the defendant shall not be entitled to be tried by a jury.
History —June 23, 1971, No. 4, p. 526, § 412, renumbered as § 413 on Sept. 3, 1997, No. 110, § 3, eff. 30 days after Sept. 3, 1997.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter IV - Offenses and Penalties (§§ 2401 — 2415) › § 2413 - General provisions of a penal character

Any person who violates the provisions of this chapter, or who conspires to commit such violation, when no specific penalty has been established for the violation or conspiracy, shall be guilty of a felony, and, upon conviction thereof, shall be sentenced, for the first offense, to imprisonment for a fixed term of six (6) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of ten (10) years; if there should be extenuating circumstances, it may be reduced to a minimum of four (4) years. For the second offense, he shall be sentenced to imprisonment for a fixed term of twelve (12) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of twenty (20) years; if there should be extenuating circumstances, it may be reduced to a minimum of six (6) years. For the third, and subsequent offenses, he shall be sentenced to imprisonment for a fixed term of thirty (30) years. Should there be aggravating circumstances, the fixed penalty established may be increased to a maximum of forty (40) years; if there should be extenuating circumstances, it may be reduced to a minimum of twenty (20) years.
In all of the above cases, the court, in its discretion, may impose the established fixed penalty of imprisonment and may also impose a fine that shall not exceed twenty thousand dollars ($20,000).
History —June 23, 1971, No. 4, p. 526, § 413; June 4, 1980, No. 109, p. 350, § 1; renumbered as § 414 on Sept. 3, 1997, No. 110, § 3, eff. 30 days after Sept. 3, 1997.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter IV - Offenses and Penalties (§§ 2401 — 2415) › § 2414 - Suspended sentence; eligibility

The provisions on suspended sentence and probation shall not be applicable to anyone convicted of violating §§ 2401(a), 2405, 2411 and 2411a of this title when the distribution, sale, introduction, dispensing or possession and transportation for the purpose of distribution is involved, except in those cases in which the provisions of §§ 1042 and 1043 of Title 34 are applicable.
History —June 23, 1971, No. 4, p. 526, § 414; June 5, 1986, No. 40, p. 110, § 2; renumbered as § 415 on Sept. 3, 1997, No. 110, § 3, eff. 30 days after Sept. 3, 1997.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter IV - Offenses and Penalties (§§ 2401 — 2415) › § 2415 - Public nuisances

Any locality, premises, establishment or site substantially used for the purpose of illegal manufacture, distribution, dispensing, administering, using, selling, transferring, storage, keeping or concealing controlled substances shall be deemed a [public] nuisance. No person shall keep or maintain such a [public] nuisance. In such cases the Secretary of Health may institute the corresponding procedure to obtain a judicial order prohibiting the continuance of such illegal situation. The closure of the premises, locality, establishment or site shall not prevent that said property be used for lawful purposes.
History —June 23, 1971, No. 4, p. 526, § 415, renumbered as § 416 on Sept. 3, 1997, No. 110, § 3, eff. 30 days after Sept. 3, 1997.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2501 - Personnel, rules, fines and donations

(a) The Secretary of Health is hereby empowered to appoint the necessary personnel to carry out the provisions of this chapter, subject to the Personnel Act.
(b) The Secretary of Health may promulgate the rules and regulations which he may deem necessary for the efficient execution of his functions in accordance with this chapter.
(c) The Secretary of Health is hereby empowered to impose administrative fines for violations of the regulations promulgated by him in accordance with this chapter.
Any person who incurs in any violation of the regulations promulgated by the Secretary of Health by virtue of this chapter and which in the judgment of the Secretary of Health constitutes a purely technical violation, may avail himself of an administrative fine which shall not be greater than one thousand dollars for each violation. Payment of the administrative fine so imposed shall prevent any further punishment for violations which have been committed. Refusal by the violator to avail himself of the payment procedure of the administrative fine or failure to pay said fine, once said fine has been imposed, shall permit the prosecution of the violator under the applicable provisions of this chapter.
(d) The Secretary of Health may accept in the name of the Department, without being subject to §§ 1101—1108 of Title 3, any devise, bequest, gift or donation made with the intention of preventing or controlling the abuse of controlled substances. He may take all appropriate steps to secure possession of such property, and may sell, assign, convey and transfer any such property other than money.
History —June 23, 1971, No. 4, p. 526, § 501, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2502 - Regulation proceedings

The regulations adopted by the Secretary in accordance with the provisions of this chapter, except those of internal nature, shall be approved upon the previous holding of public hearings which shall be held after the ten (10) days following the publication of a summary of the proposed regulations in a newspaper of general circulation in Puerto Rico. The regulations approved by the Secretary shall take effect on the date determined by said officer, but never before the following fifteen (15) days reckoned from the date of the holding of the public hearing. Any person deemed affected by any regulation approved by the Secretary may request its judicial review before the Court of First Instance of Puerto Rico, San Juan Part, within the fifteen (15) days reckoned from the effective date of the regulation concerned. For the approval of the amendments to the regulations, the same procedure and standards fixed in this section for the approval of the original regulation shall be followed.
History —June 23, 1971, No. 4, p. 526, § 502; May 10, 1974, No. 37, Part 1, p. 183, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2503 - Education and research program

(a) The Secretary of Health is hereby authorized, in coordination with the Secretary of the Family and with other agencies or organizations, to develop educational and research programs directly related with the compliance of the provisions of this chapter. Such programs may include:
(1) Educational programs and the training of personnel in connection with the compliance of the chapter in relation with the abusive use of controlled substances;
(2) studies or special projects designed to evaluate the results obtained with the different methods used to combat the abusive use of controlled drugs;
(3) studies or special projects designed to assess and detect accurately the presence in the human body of drugs or other controlled substances, including the development of rapid field identification methods which would enable agents to detect microquantities of such substances;
(4) studies or special projects designed to evaluate the nature and sources of the supply of controlled substances in the Commonwealth of Puerto Rico;
(5) studies or special projects to develop more effective methods to prevent diversion of controlled substances into illegal channels, and
(6) studies or special projects to gather information necessary to carry out his functions under § 2201 of this title.
(b) The Secretary of Health may enter into agreements and contracts in order to develop educational and research programs without being subject to § 551 of Title 3, or to any other provision to the contrary.
(c) The Secretary of Health may authorize persons engaged in studies or research to withhold the names and other identifying characteristics of persons who are the subject of such studies or research. Persons who obtain this authorization may not be compelled in any civil, criminal, administrative, legislative investigation or proceeding to identify the subjects of research for which such authorization was obtained.
(d) The Secretary of Health may authorize the possession, distribution and dispensing of controlled substances by persons engaged in scientific research. Persons who obtain this authorization shall be exempt from prosecution for possession, distribution and dispensing of controlled substances to the extent authorized by the Secretary of Health.
History —June 23, 1971, No. 4, p. 526, § 503, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2504 - Cooperative arrangements

(a) The Secretary of Health shall cooperate with local, federal and commonwealth agencies concerning traffic in controlled substances and in suppressing abuse of controlled substances. To this end he is authorized to:
(1) Arrange for the exchange of information between governmental officials and employees concerning the use and abuse of controlled substances.
(2) Cooperate in the institution and prosecution of judicial and administrative proceedings.
(3) Conduct training programs for the personnel in charge of enforcing the laws on controlled substances.
(4) Develop programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.
(b) When requested by the Secretary of Health or by the Police Superintendent, it shall be the duty of any agency or instrumentality of the Commonwealth to furnish assistance, including technical advice, for carrying out the functions established under this chapter; except that no such agency or instrumentality shall be required to inform the name of or other identifying information about a patient or research subject whose identity it has undertaken to keep confidential.
(c) The Secretary of Health of Puerto Rico is empowered to enter into agreements with the Attorney General of the United States of America, through which there is delegated in the Secretary of Health the power of carrying out the inspections referred to in § 2511 of this title and § 510 of the Federal Controlled Substances Act.
History —June 23, 1971, No. 4, p. 526, § 504, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2505 - Advisory committees

The Secretary may, when deemed convenient, appoint committees to advise him with respect to preventing and controlling the abusive use of controlled substances. Members shall serve ad honorem, but may be reimbursed for traveling expenses, including per diem in accordance with the regulations of the Department of the Treasury to such purposes.
History —June 23, 1971, No. 4, p. 526, § 505, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2506 - Administrative hearings

(a) The Secretary of Health, or the official whom he may delegate, is empowered to hold administrative hearings, administer oaths, and issue subpoenas, requiring the appearance of witnesses and the production of any document or evidence which the Secretary of Health may determine as relevant or pertinent to the investigation.
(b) Upon the previous holding of the administrative hearing, the person aggrieved shall be duly notified by certified mail with acknowledgment of receipt at his known address, within a term of not less than thirty (30) days prior to the holding of the hearing. The notice shall state the date, hour and place of the hearing, as well as the reason therefor.
(c) The person aggrieved shall be entitled to appear in person, to the assistance of an attorney, to present witnesses and proof and to question the adverse witnesses.
History —June 23, 1971, No. 4, p. 526, § 506, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2507 - Subpoenas

(a) The subpoena issued in accordance with the provisions of this section may be served by any person designated in the subpoena to serve it. Service upon a natural person shall be made by personal delivery of the subpoena to him. Service to an juridical person, domestic or foreign corporation shall be made by delivering the subpoena to an officer, to a managing or general agent, or to any other person authorized by law to receive service of process. The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service.
(b) In the case of contumacy or refusal to obey a subpoena, the Secretary of Health may invoke the aid of any court of justice to compel, under contempt of court, compliance with the subpoena.
History —June 23, 1971, No. 4, p. 526, § 507, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2508 - Reconsideration

The person aggrieved by any resolution or order of the Secretary of Health may request the reconsideration of said order or resolution before said officer by filing a petition to such effect within fifteen (15) days of having been notified of such resolution or order.
History —June 23, 1971, No. 4, p. 526, § 508, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2509 - Judicial review

In the event that the resolution or order of the Secretary of Health in reconsideration be adverse, the person aggrieved may file a petition for review before the Court of First Instance, San Juan Part, within the term of thirty (30) days of having been notified of said resolution or order.
Findings of fact by the Secretary of Health, if supported by substantial evidence, shall be conclusive.
History —June 23, 1971, No. 4, p. 526, § 509, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2510 - Search warrants

Search warrants relating to offenses established in this chapter involving controlled substances may be served at any time of the day or night if the judge who issues the warrants is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time.
History —June 23, 1971, No. 4, p. 526, § 510, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2511a - Powers of Secretary and of the inspectors

The Secretary of the Mental Health and Addiction Services Administration is hereby empowered to investigate any violation of a criminal or administrative nature to this chapter when said violations are related to the manufacture, distribution, dispensing and delivery of any controlled substance included in Classifications II, III, IV and V of this chapter and those regarding substances controlled in Class I, when, in connection to the same, a certificate of inspection has been issued to conduct investigations with said substances.
Upon delegation of the Mental Health and Addiction Services Administration, all inspectors of controlled substances shall have the faculties corresponding to a public peace officer, which include among others: the faculty to have, possess, bear, transport and carry firearms under the provisions of §§ 455—460j of Title 25 known as the “Weapons Law of Puerto Rico”; the faculty to make arrests, to enforce and serve search warrants and summons; the faculty to seize property, according to the provisions of § 2512 of this title, and the faculty to take oaths and sworn statements. These faculties shall be exercised in connection with and in the discharge of the functions entrusted to him or which shall be entrusted to him in the future in accordance with the provisions of this chapter, including the procedures relative to the registration of manufacturers, distributors and dispensers.
History —June 23, 1971, No. 4, p. 526, added as § 511-A on July 23, 1974, No. 238, Part 2, p. 224, § 1; May 4, 1982, No. 6, p. 10, § 1; June 19, 1987, No. 32, p. 103, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2511b - Training

The controlled substances inspectors, as defined by §§ 2101 et seq. of this title, shall receive a specialized training in coordination with the Department of Justice and the Office of the Police Superintendent of Puerto Rico, after their appointment and before they begin to exercise the faculties vested in them by § 2511a of this title. The Secretary of Justice or his designee shall certify that the controlled substances inspectors have received the specialized training and that they are qualified to perform the duties vested in them by §§ 2101 et seq. of this title.
History —June 23, 1971, No. 4, p. 526, added as § 511B on May 4, 1982, No. 6, p. 10, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2513 - Injunctions

The Court of First Instance shall have jurisdiction to issue injunctions against violations of this chapter or to hinder any obstruction to the enforcement of this chapter in accordance with the procedure established in the Rules of Civil Procedure.
History —June 23, 1971, No. 4, p. 526, § 513, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2514 - Burden of proof, liabilities

(a)
(1) It shall not be necessary for the Commonwealth to negative any exemption or exception set forth in this chapter in any complaint, arraignment, or other pleading or in any trial, hearing or other judicial proceeding, in conformity with this chapter and the burden of the proof of such exemption or exception shall be upon the person claiming its benefits.
(2) In the case of a person charged under § 2404(a) of this title with the possession of a controlled substance, any label identifying same in accordance with § 503(b)(2) of the Federal Food, Drug and Cosmetic Act shall be admissible in evidence and shall be prima facie evidence that such substance was obtained pursuant to a valid prescription from a practitioner while acting in the course of his professional practice.
(b) In the absence of proof that a person is the duly authorized holder of a registration or of an official order form, issued under this chapter, it shall be presumed that he is not the lawful holder of such registration or form, and to such person shall correspond the burden of proof to refute such presumption.
(c) The burden of proof to establish that a conveyance, including aircraft, vehicle, mount or vessel used in connection with substances in Schedule I, was lawfully used under the provisions of this chapter shall correspond to the persons engaged in such use.
History —June 23, 1971, No. 4, p. 526, § 514; May 31, 1972, No. 64, p. 139, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2515 - Convicts; operation of public establishments where alcoholic beverages are sold at retail

[No] person convicted of a felony for a violation of this chapter or any law of the United States, commonwealth or of any foreign country in connection with narcotic drugs, marihuana, depressant and stimulant substances, or who has been declared addicted to narcotic drugs, may operate or administer an establishment where alcoholic beverages are sold to be consumed at the establishment for a term of five (5) years on and after the service of the sentence imposed by said conviction or after the declaration. The Secretary of the Treasury shall not issue a license for the operation of such business. [No] person convicted as above expressed may work in an establishment where alcoholic beverages are sold for a term of five (5) years after the service of the sentence imposed by said conviction after the declaration.
History —June 23, 1971, No. 4, p. 526, § 515, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2517 - Fingerprints and photographs

The Superintendent of Police or his authorized agent must fingerprint and photograph any person who violates any provision of this chapter which is punishable as a felony, or who is declared addicted to narcotic drugs, pursuant to the provisions of this chapter, and any such person comprised in this section who fails or refuses to present himself for such purposes, or who furnishes incomplete or false information required under this chapter, or who refuses to be fingerprinted or photographed, shall be guilty of a misdemeanor and sentenced to imprisonment for a fixed term of one (1) year. Should there be extenuating circumstances, it may be reduced to a minimum of six (6) months.
The court, in its discretion, may impose the fixed penalty of imprisonment established, or a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), or both penalties.
History —June 23, 1971, No. 4, p. 526, § 517; June 4, 1980, No. 109, p. 350, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2518 - Courts shall send copies of sentence

The court clerk where a person is found guilty or exonerated for violation of the provisions of this chapter shall send to the Secretary of Health and to the Police Superintendent a certified copy of the sentence.
History —June 23, 1971, No. 4, p. 526, § 518, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2522 - Jurisdiction of Parole Board

(a) Persons convicted of selling, possessing, using and holding drugs, who being drug addicts, have been certified as rehabilitated in agreement with the procedure stipulated in § 521 of Act June 23, 1971, No. 4, may request the proper authorities that their case be referred for consideration to the Parole Board. The provisions of this subsection of this section shall not apply to convicts who have violated § 2411a of this title regarding the introduction, distribution, possession for the purposes of distribution, or sale of controlled substances in schools, institutions or recreational facilities and their surroundings.
(b) The eligibility of the cases that the Board may consider shall be determined, as to the parole, in accordance with the provisions of § 1025 of Title 34, except that the requirement that the inmate must have served the minimum of his sentence shall not be required in cases referred to in subsection (l) of § 521 of Act June 23, 1971, No. 4.
(c) All the remaining provisions of Act No. 59 of June 19, 1965, which creates the Parole Board and defines its authority and functions, shall be applicable.
History —June 23, 1971, No. 4, p. 526, § 522; Jan. 17, 1995, No. 6, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter V - Administrative and Other Provisions (§§ 2501 — 2523) › § 2523 - Undercover agent, sworn declarations

Any investigation personnel intervening or participating as undercover men in drug and controlled substances transaction sale under the provisions of this chapter must give before a prosecuting attorney, within the term of not more than 120 hours after the transaction sale has been made, a sworn declaration of his participation in same and the pertinent facts thereto, unless there is shown just cause for the delay in submitting said declaration within the above-mentioned term.
When the court should determine in the preliminary hearing that said sworn declaration was not made, or that having been made after the term of 120 hours there was no just cause for the delay, then the said sworn declaration or the testimony of the undercover agent shall be produced as evidence.
In the determination of just cause there shall be taken into consideration, among other factors, the fact that the investigation undertaken has not been completed within the above-mentioned term of not more than 120 hours.
History —June 23, 1971, No. 4, p. 526, § 523, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter VI - Repealing and Miscellaneous Clauses (§§ 2601 — 2608) › § 2601 - Repealing clause

Act No. 48 of June 18, 1959, as amended, known as the “Narcotics Act of Puerto Rico”, §§ 973—976m, of this title, with the exception of § 21 of said act, § 974r of this title, which shall retain its effectiveness, is hereby repealed.
Act No. 126 of July 13, 1960, as amended, known as the “Barbiturates and other Dangerous Drugs Act”, §§ 930—949 of this title, shall continue in force in all that which is not inconsistent with this chapter.
Act No. 72 of April 26, 1940, as amended, known as the “Puerto Rico Food, Drug and Cosmetic Act”, §§ 711—732 of this title, shall continue in force in all that which is not inconsistent with this chapter.
All laws or parts of laws in conflict herewith are hereby repealed, it being understood, that Act No. 159 of June 28, 1968, as amended, which creates the Permanent Commission for the Control of Narcomania, §§ 981—992 of this title, shall remain in force in all its parts.
History —June 23, 1971, No. 4, p. 526, § 601, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter VI - Repealing and Miscellaneous Clauses (§§ 2601 — 2608) › § 2602 - Pending proceedings

(a) Pending prosecutions for any violation of law or parts of laws repealed by this chapter occurring prior to the effective date of this act shall continue to be prosecuted under the law in force at the time of the occurrence of said violation. If the violation for which said person has been accused is similar to those included in this chapter, the penalties herein provided shall apply, if lesser than the penalties under the previous legislation.
(b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of this act shall not be affected by the repeals made hereunder.
(c) All administrative proceedings pending before the Secretary of Health or before the Secretary of the Treasury on the date of effectiveness of this act shall be continued and brought to final determination in accord with laws and regulations in effect prior to the effective date of this act.
Those drugs and substances which were under control or regulation prior to the effective date of this act, which are not listed in any of the five schedules, shall automatically be controlled without further proceedings, and shall be listed in the appropriate schedule.
History —June 23, 1971, No. 4, p. 526, § 602, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter VI - Repealing and Miscellaneous Clauses (§§ 2601 — 2608) › § 2603 - Provisional registration

(a)
(1) Any person who:
(A) Is engaged in manufacturing, distributing, or dispensing any controlled substance prior to the effective date of this act, and
(B) is registered or licensed prior to the effective date of this act in accordance with the laws then in force, shall be deemed to have a provisional registration under § 2303 of this title for the manufacture, distribution, or dispensing of controlled substances, as the case may be, with respect to each establishment or premises for which such registration is in effect.
(2) During the period his provisional registration is in effect under this section, the registration or license number assigned such person under the law then in effect shall be his registration number for purposes of § 2303 of this title.
(b) The provisions of § 2304 of this title, relating to suspension or revocation of registration shall apply to a provisional registration under this section.
(c) Unless suspended or revoked under subsection (b), the provisional registration of a person under subsection (a)(1) of this section shall be in effect until:
(1) The date on which such person has registered with the Secretary of Health under § 2303 of this title, or on which his registration has been denied, or
(2) such date as may be prescribed by the Secretary of Health for registration of manufacturers, distributors, or dispensers, as the case may be, whichever occurs first.
History —June 23, 1971, No. 4, p. 526, § 603, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter VI - Repealing and Miscellaneous Clauses (§§ 2601 — 2608) › § 2604 - Effective date of regulations

Any orders, rules or regulations which have been promulgated under any law affected by this chapter, and which are in effect prior to the approval of this act, shall continue in effect provided they do not conflict with this chapter and until modified, superseded, or repealed.
History —June 23, 1971, No. 4, p. 526, § 604, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter VI - Repealing and Miscellaneous Clauses (§§ 2601 — 2608) › § 2605 - Severability

If a provision of this chapter or its application to any person or circumstance is held invalid, its invalidity shall not affect the other provisions or applications of the chapter which may remain in effect without resorting to the invalidated provision or application, and for this purpose the provisions of the chapter are severable.
History —June 23, 1971, No. 4, p. 526, § 605, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter VI - Repealing and Miscellaneous Clauses (§§ 2601 — 2608) › § 2607 - Appropriation of funds

The funds to be appropriated to the Department of Health to carry out the provisions of this chapter, shall be set aside in the General Budget of the Commonwealth of Puerto Rico for the year 1971-72.
History —June 23, 1971, No. 4, p. 526, § 607, eff. 180 days after June 23, 1971.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART V - Controlled Substances (§§ 2101 — 2608) › Chapter 111 - Controlled Substances Act of Puerto Rico (§§ 2101 — 2608) › Subchapter VI - Repealing and Miscellaneous Clauses (§§ 2601 — 2608) › § 2608 - Exclusions

The provisions of § 2411b and 2405 of this title shall not apply to:
(1) The Department of Health.
(2) Non-profit entities duly authorized by the Department of Health that, with the purpose of preventing the transmission of contagious diseases, or as part of an educational or prevention program, distribute hypodermic needles and other accessories.
(3) Duly identified participants of said programs for distribution and exchange of hypodermic needles and other accessories.
History —June 23, 1971, No. 4, p. 526, added as § 608 on Sept. 3, 1997, No. 110, § 4; Sept. 2, 2000, No. 323, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VI - Dangerous Substances (§§ 2701 — 2716) › Chapter 121 - Dangerous Substances Act of Puerto Rico (§§ 2701 — 2710) › § 2701 - Title

This chapter may be cited as the Dangerous Substances Act of Puerto Rico.
History —July 23, 1974, No. 233, Part 2, p. 207, § 1, eff. 60 days after July 23, 1974.