THERE is no law that classifies crystal meth or mutoriro as a dangerous drug, a defence lawyer argued yesterday.
Admire Rubaya also questioned the arrest and prosecution of suspects based on that.
He is representing Prince Samuriwo, who is being accused of dealing in dangerous drugs, involving 83 grammes of crystal meth.
Humphrey Banda was also arrested in the same case and is being represented by Malvin Mapako.
They both deny the allegations.
“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 relevant schedule to the Dangerous Drugs Act [Chapter 15:02],” Rubaya argued.
“A drug does not become a dangerous drug simply because the general populace, the State and, or politicians, wants it to be treated as a dangerous drug whose alleged possession is punishable in terms of the criminal law.
“It is not the general unhappiness of the law enforcement agencies, politicians or the society at large that proscribe possession of or dealing in crystal methamphetamine but positive legislative enactment.
“In the absence of crystal methamphetamine being listed as a dangerous drug in the schedule, no offence can arise in relation to anyone alleged to have been found in possession of crystal methamphetamine in Zimbabwe.”