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Scotland Act 1998


The reservation covers matters relating to the possession, cultivation, production, supply, import and export of drugs.  In addition it covers matters relating to drug trafficking, including the acquisition, possession or use of the proceeds of drug trafficking.  It includes the statutory offences involving money laundering of the proceeds of drug trafficking, confiscation of the proceeds of drug trafficking, and forfeiture of things used in the commission of drug trafficking offences.

The Scottish Parliament, however, has competence in relation to other key matters which are relevant to the misuse of drugs, including education, health, social work, police and the criminal prosecution system.

The criminal law relating to the laundering of money obtained though other types of criminal activity is not reserved.  However, Section A5 effectively reserves the regulation of financial and other businesses so as to require systems to be in place to prevent money laundering.

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