Criminal Law Code as at 1st March 2007 (2) For the purpose of subparagraph (i) of subsection (1), the crime of unlawful dealing in a dangerous drug is committed in aggravating circumstances if the dangerous drug in question was a dangerous drug other than any cannabis plant, prepared cannabis, or cannabis resin10 and the convicted person— (a) was a member of a group of persons organised within or outside Zimbabwe for the purpose of committing the crime; or (b) employed weapons or engaged in violence in the course of committing the crime; or (c) held a public office which he or she abused to facilitate the commission of the crime; or (d) being over the age of eighteen years, incited any minor to consume or deal in a dangerous drug; or (e) was previously convicted, whether within or outside Zimbabwe, of a crime constituted by any of the acts specified in paragraphs (a) to (e) of subsection (1). (3) If a person convicted of unlawful dealing in a dangerous drug in aggravating circumstances satisfies the court that there are special circumstances peculiar to the case11, which circumstances shall be recorded by the court, why the penalty provided under subparagraph (i) of subsection (1) should not be imposed, the convicted person shall be liable to the penalty provided under subparagraph (ii) of subsection (1). (4) A court sentencing a person under subparagraph (i) of subsection (1) shall not order that the operation of the whole or any part of the sentence be suspended. 157 Unlawful possession or use of dangerous drugs (1) Any person who unlawfully— (a) acquires or possesses a dangerous drug; or (b) ingests, smokes or otherwise consumes a dangerous drug; or (c) cultivates, produces or manufactures a dangerous drug for his or her own consumption; shall be guilty of unlawfully possessing or using a dangerous drug and, subject to subsection (2), liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years or both. (2) Where a court convicts any person of the crime of unlawfully possessing or using a dangerous drug and it is established that the person is an abuser of and addicted to a dangerous drug the court may, additionally or alternatively to any sentence imposable under subsection (1), impose a sentence requiring the person to undergo treatment for such addiction. 158 Crimes under sections 156 and 157 committed outside Zimbabwe (1) Any person who is a citizen of Zimbabwe or ordinarily resident therein and who does anything outside Zimbabwe which, if it were done in Zimbabwe, would— (a) constitute the crime of unlawful dealing in dangerous drugs or unlawful possession or use of dangerous drugs; or 10 11 As amended by s. 31 of Act 9/2006 [deletion of "other than cannabis" and substitution of the words appearing in the text]. As amended by s. 31 of Act 9/2006 [deletion of " in the particular case" and substitution of the words appearing in the text]. - 89 -