Section 5: Smoking or unlawful possession of Indian hemp.

(1) Any person who-
(a) smokes any Indian hemp; or
(b)
knowingly has any Indian hemp in his possession,
shall be guilty of an offence and liable on conviction to imprisonment for a term of not less than four years without the option of a fine:
Provided that-
(i) paragraph (b) of this subsection shall not apply to the possession of any medical preparation of Indian hemp in circumstances such that no offence against the Dangerous Drugs Act is committed thereby; and
[Cap. D1.]
(ii) where a person convicted of an offence under this subsection is a child or a young person within the meaning of the Children and Young Persons Law of a state or the Children and Young Persons Act of the Federal Capital Territory (that is to say, a person who is not more than seventeen years of age) he shall, in addition to twenty-one strokes of the cane, be sentenced to two years in a borstal or such similar institution or to a fine of N200.
(2) For the purposes of this section a person shall not be treated as possessing any Indian hemp where that Indian hemp-
(a) is in transit under and in accordance with the provisions of Part V of the Dangerous Drugs Act; or
[Cap. Dl.]
(b)
having been brought into Nigeria in transit, is diverted under and in accordance with those provisions,
and his possession of that Indian hemp is in connection with and for the purposes of the transit or diversion thereof, as the case may be.