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Nyore Madzianike
Senior Court Reporter
CRYSTAL methamphetamine, commonly referred to as mutoriro in street lingo, is a dangerous drug derived from methylenedioxymethamphetamine which was already listed in Part II of the Schedule in the Dangerous Drugs Act and so anyone found dealing in the drug or even just possessing it is liable for prosecution.
Giving this detail, along with the fact that methamphetamine is a scheduled drug in terms of the Eighth Schedule of the Medicines and Allied Substances Control Act, prosecutor Mrs Netsai Mushayabasa, representing the State, told a court that any application based on the false information that crystal meth was not listed as dangerous should fail.
She was responding to Anisha Brenda Gumbo’s application for revocation of her placement on remand on charges of dealing in dangerous drugs charges after being found in possession of crystal meth on the grounds that it was not listed as a dangerous drug.
“It is State’s response that crystal meth is a dangerous drug named as methylenedioxymethamphetamine in Part II of the Schedule in the Dangerous Drugs Act and therefore the accused person’s conduct of being found in possession of such is criminal offence and there is reasonable suspicion that she was dealing in the drug.
“The chief ingredient in the crystal meth is methamphetamine. Methamphetamine is a derivative of methylenedioxymethamphetamine which is a dangerous drug in terms of the Dangerous Drug Act under Part II of the scheduled drugs,” she said.
Mrs Mushayabasa said the drug is called crystal meth because of the form in which it appears, which is crystal like.
In an application prepared by lawyer Mr Admire Rubaya, Gumbo argued that crystal methamphetamine was not listed in the Schedule of Dangerous Drugs Act and that it could not be classified as a dangerous drug simply because politicians and members of the general public wanted to refer it as dangerous.
The State alleges that crystal methamphetamine that the accused was allegedly found in possession of is a dangerous drug yet there is no such drug listed in the Schedule of Dangerous Drugs Act.
A drug does not become dangerous in terms of Criminal Law Codification and Reform Act simply because the general populace, the State and or politicians want it to be treated as dangerous drug.
A drug can only be dangerous in terms of the law if it is one which fits into the definition of dangerous drug in terms of Section 155 of the Criminal Law Code which provides that dangerous drug means any coca bush, coca leaf, raw opium or cannabis plant, prepared opium, prepared cannabis, cannabis resin or a scheduled drug. Crystal methamphetamine does not fit in the above.
A perusal of Part 1 of the Schedule to the Dangerous Drugs Act shows that there is no drug known as crystal methamphetamine or crystal meth or mutoriro in vernacular, she said.
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