Report of the International Narcotics Control Board for 2010
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Misuse of Drugs Act 1975
Reprint as at 1 July 2014 Misuse of Drugs Act 1975 Public Act 1975 No 116 Date of assent 10 October 1975 Commencement see section 1(2) Contents Page Title 4 1 Short Title and commencement 4 2 Interpretation 4 3 Act to bind the Crown 9 3A Classification of drugs 9 4 Amendment of schedules that identify controlled drugs 10 and precursor substances, and set amount, level, or quantity at and over which controlled drugs are presumed to be for supply 4A Procedure for bringing Order in Council made under 12 section 4(1) or (1B) into force 4B Matters to which Minister must have regard before 13 recommending Order in Council under section 4(1) or (1B) 4C Temporary class drug notice [Repealed] 14 4D Effect of temporary class drug notice [Repealed] 15 4E Duration of temporary class drug notice [Repealed] 15 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. This Act is administered by the Ministry of Health. 1 Reprinted as at Misuse of Drugs Act 1975 1 July 2014 5 Advisory and technical committees 15 5AA Expert Advisory Committee on Drugs 15 5A Approved laboratories 17 5B Functions of Minister 17 6 Dealing with controlled drugs 18 7 Possession and use of controlled drugs 20 8 Exemptions from sections 6 and 7 22 9 Cultivation of prohibited plants 26 10 Aiding offences against corresponding law of another 27 country 11 Theft, etc, of controlled drugs 28 12 Use of premises or vehicle, etc 29 12A Equipment, -
'Legal Highs' the Challenge of New Psychoactive Substances
Series on Legislative Reform of Drug Policies Nr. 16 October 2011 ‘Legal highs’ The challenge of new psychoactive substances By Adam Winstock1 and Chris Wilkins2 This paper aims to set out some of the pol- icy and public health issues raised by the appearance of a wide range of emergent psychoactive substances of diverse origin, effect and risk profile (commonly referred to as ‘legal highs’). It will start by considering what is meant by the term ‘legal highs’ and consider the his- torical context that has framed their appear- ance and must inform any response. It will then consider some of the approaches that KEY POINTS have been adopted by different nations to Evidence shows that alternatives to control their availability and associated criminalisation exist that attain many harms, including a preliminary assessment desirable outcomes for governments, whilst of their consequences, both intended and minimising the unnecessary consequences not. of criminalising the individual user. To date, the approaches to regulation have While new psychoactive substances pose varied between nations, both with respect a challenge to existing drug control re- to the nature and specificity of the meas- gimes, their appearance provides an oppor- ures taken and their intended outcome. tunity to consider the trial of alternative Such diversity appropriately reflects the policy and legislative approaches to drug marked differences in the existing drug use control. problems and public health approaches to addressing such issues between nations. An objective evaluation based upon scientific evidence is required to evaluate WHAT IS A LEGAL HIGH? the utility of these different control options, as well as their impact on public Over the last decade the term ‘legal high’ health outcomes. -
Report of the International Narcotics Control Board for 2018
104 INCB REPORT 2018 816. The lack of data related to drug trafficking and abuse in the region, other than for Australia and New Zealand, coupled with the fact that many countries have not yet become parties to the drug control treaties, is a matter of great concern to the Board. The Board has con- ducted bilateral meetings with the Governments of Papua New Guinea and Solomon Islands to address those issues and has followed up with the Governments of all non- States parties to one or more of the international drug control conventions in the region. In that connection, the Board was informed that the authorities of Papua New Guinea were to commence the national process of adher- ing to the 1988 Convention in September 2018. 2. Regional cooperation 817. The Oceania Customs Organization84 held its twen- tieth annual conference, on the theme “Strengthening regional connections to support a safe and prosperous Pacific”, in Melbourne, Australia, from 11 to 14 June 2018. During the meeting, customs administrations from the 23 members signed a memorandum of understanding on customs cooperation to facilitate the exchange of infor- mation between relevant border security agencies. E. Oceania Members endorsed the re-establishment of the Information Working Group and the progression of the Small Craft Mobile Application Project, developed by Australia, to 1. Major developments phase 3 as of July 2018. The members also endorsed the signing the Declaration of Partnership between the Pacific 814. Oceania continues to be vulnerable to drug manu Islands Chiefs of Police, the Pacific Immigration facturing and drug and precursor trafficking. -
Regulation of Drug Checking Services
IN CONFIDENCE In Confidence Office of the Minister of Health Cabinet Social Wellbeing Committee Regulation of drug checking services Proposal 1 This paper seeks agreement to amend the Misuse of Drugs Act 1975 and the Psychoactive Substances Act 2013 to enable a permanent system of regulation for drug checking service providers. Relation to government priorities 2 This proposal does not relate to a Government priority. Executive Summary 3 Drug checking services check the composition of illicit drugs and provide harm reduction advice to help individuals make informed decisions about drug use. Where a drug is not as presumed, the individual can make the potentially life-saving decision not to consume it. 4 Drug checking is currently regulated under amendmentsreleased made by the Drug and Substance Checking Legislation Act 2020 (the Drug Checking Act) to the Misuse of Drugs Act and the Psychoactive Substances Act. These amendments allow appointed drug checking service providers to operate with legal certainty. 5 The Drug Checking Act was always intended to be temporary legislation to allow time for a permanent licensing system to be developed. The Drug Checking Act includes mechanisms which will repeal the amendments to the Misuse of Drugs Act and the Psychoactive Substances Act in December 2021. 6 If a permanent system is not in place when the Drug Checking Act repeal provisions take effect, drug checking will revert to a legal grey area. This would impede service provision and make it more difficult to prevent harm from dangerous substances such as synthetic cathinones (sometimes known as “bath salts”). Regulation is required to enable good quality services and to prevent low-quality service providers from operating. -
Briefing Paper: New Zealand's Psychoactive Substances Legislation
IDPC/NZDF Briefing Paper New Zealand’s psychoactive substances legislation Catherine McCullough,1 Jackson Wood2 and Rob Zorn3 September 2013 This briefing paper was written in collaboration with the New Zealand Drug Foundation continues a long history of New Zealanders making Introduction the most of available resources to create substitutes for drugs that are unavailable. As with many western countries, New Zealand’s drug laws are out of date and are causing more It is fitting then, that New Zealand has become the harm than was originally intended. The laws carry first country to pass legislation that seeks to the shadow of a prohibitionist past, have failed to regulate NPS to ensure they are low risk, rather keep up with innovations in drug production and than to control them through prohibition and supply and do not relate well to modern punitive measures. understandings of harm reduction and health The Psychoactive Substances Act 2013 has been protection. generally well-received by politicians, the ‘legal The challenge of Benzylpiperazine (BZP) ‘party pills’ high’ industry and the public. It is also receiving in the late 1990s and early 2000s made deficiencies considerable attention from like-minded in New Zealand’s drug law abundantly clear. No jurisdictions around the world. framework for controlling BZP and other party pills As we shall see, if is far from a perfect or final could be found within existing laws and solution, but it bodes extremely well for future regulations. An endless cat and mouse game began drug policy development and reform, both here between the Government and the ‘legal high’ and overseas. -
Misuse of Drugs Amendment Bill
Misuse of Drugs Amendment Bill 11/04/2019 Submission on the Misuse of Drugs Amendment Bill 1 Introduction 1.1 The New Zealand Law Society welcomes the opportunity to comment on the Misuse of Drugs Amendment Bill 2019 (the Bill). 1.1 The Bill amends the Misuse of Drugs Act 1975 (the Act) by: (a) classifying two synthetic cannabinoids (5F-ADB and AMB-FUBINACA) as Class A controlled drugs; (b) affirming the existing Police discretion not to prosecute for possession and use (for all drugs) where a health-centred or therapeutic approach would be more beneficial; and (c) introducing a power for the Minister of Health to issue temporary (12 month) drug notices which classify new substances as Class C controlled drugs. 2 Executive summary 2.1 The Law Society’s key submissions are that: (a) The truncated process for development and scrutiny of the Bill creates a risk of poor quality regulation. (b) The Ministry of Justice’s view that there is no inconsistency with section 25(c) of the New Zealand Bill of Rights Act 1990 (the right to be presumed innocent until proved guilty according to law) requires further examination. That view is difficult to reconcile with: (i) previous negative section 7 reports by Attorneys-General relating to previous amendments to the Act concerning similar thresholds for the presumption of possession for the purpose of supply; and (ii) case law. 2.1 We also comment on whether there is sufficient evidence to establish the correct level at which the presumption of supply should apply, and whether the 56 gram threshold for presumption of supply applies to powder, liquid or plant weight. -
Roadmaps to Regulation: New Psychoactive Substances (Nps)
: ROADMAPS TO REGULATION: NEW PSYCHOACTIVE SUBSTANCES (NPS) Authors Amanda Feilding and Nicola Singleton Our sincere thanks to the John Paul Getty Jr. Foundation who were the main funders for the report Roadmaps to Regulation: Cannabis, Psychedelics, MDMA, and NPS, and to the Open Society Foundations (OSF), for their supplementary financial support towards this publication. Beckley Park, Oxford OX3 9SY. United Kingdom www.beckleyfoundation.org THE AIM OF THE REPORT This publication is a chapter from a four-part report, Roadmaps to Regulation: Cannabis, Psychedelics, MDMA, and NPS, that will be published later this year. The report was convened by Amanda Feilding, and principally funded by the John Paul Getty Jr. Foundation with further assistance from the Open Society Foundations (OSF). The report aims to bring together the best available evidence on the regulation of psychoactive drugs in a rigorous, yet accessible way. In part, it is an invitation to think differently about drug policy options. The wealth of expertise that we have gained from our work in the drug policy field strengthens our conviction that the strict legal regulation of drugs is the ultimate goal of drug policy reform. The governments of the world, duty-bound to safeguard their citizens’ well-being, surely would do a better job of minimising the overall harms of drugs than the criminal organisations currently profiting from the illicit market. It is no longer acceptable to simply assume that the risks of a legal market will exceed those of prohibition, especially when there is already the beginnings of a scientific evidence-base to show that a regulated market can provide effective ways of reducing harms. -
Misuse of Drugs Act 1975
Reprint as at 1 October 2012 Misuse of Drugs Act 1975 Public Act 1975 No 116 Date of assent 10 October 1975 Commencement see section 1(2) Contents Page Title 4 1 Short Title and commencement 4 2 Interpretation 4 3 Act to bind the Crown 8 3A Classification of drugs 9 4 Amendment of schedules that identify controlled drugs 9 and precursor substances, and set amount, level, or quantity at and over which controlled drugs are presumed to be for supply 4A Procedure for bringing Order in Council made under 11 section 4(1) or (1B) into force 4B Matters to which Minister must have regard before 12 recommending Order in Council under section 4(1) or (1B) 4C Temporary class drug notice 14 4D Effect of temporary class drug notice 14 4E Duration of temporary class drug notice 16 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint. A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint. This Act is administered by the Ministry of Health. 1 Reprinted as at Misuse of Drugs Act 1975 1 October 2012 5 Advisory and technical committees 16 5AA Expert Advisory Committee on Drugs 17 5A Approved laboratories 18 5B Functions of Minister 19 6 Dealing with controlled drugs 19 7 Possession and use of controlled drugs 21 8 Exemptions from sections 6 and 7 23 9 Cultivation of prohibited plants 28 10 Aiding offences against corresponding law of another 28 country 11 Theft, etc, of controlled drugs 29 12 Use of -
Misuse of Drugs Act 1975
Reprint as at 21 February 2018 Misuse of Drugs Act 1975 Public Act 1975 No 116 Date of assent 10 October 1975 Commencement see section 1(2) Contents Page Title 3 1 Short Title and commencement 3 2 Interpretation 4 3 Act to bind the Crown 8 3A Classification of drugs 8 4 Amendment of schedules that identify controlled drugs and 9 precursor substances, and set amount, level, or quantity at and over which controlled drugs are presumed to be for supply 4A Procedure for bringing Order in Council made under section 4(1) 11 or (1B) into force 4B Matters to which Minister must have regard before recommending 11 Order in Council under section 4(1) or (1B) 4C Temporary class drug notice [Repealed] 13 4D Effect of temporary class drug notice [Repealed] 13 4E Duration of temporary class drug notice [Repealed] 13 5 Advisory and technical committees 13 5AA Expert Advisory Committee on Drugs 13 5A Approved laboratories 15 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. This Act is administered by the Ministry of Health. 1 Reprinted as at Misuse of Drugs Act 1975 21 February 2018 5B Functions of Minister 15 6 Dealing with controlled drugs 15 7 Possession and use of controlled drugs 17 8 Exemptions from sections 6 and 7 18 9 Cultivation of prohibited plants 21 10 Aiding offences against corresponding law of another country 22 11 Theft, etc, of controlled drugs 22 12 Use of premises or vehicle, etc 23 12A -
Regulatory Impact Statement: Regulation of Drug Checking Services Coversheet
Regulatory Impact Statement: Regulation of drug checking services Coversheet Purpose Decision Sought: Agreement to amend the Misuse of Drugs Act 1975 and the Psychoactive Substances Act 2013 to enable a permanent system of regulation for drug checking services Advising Agencies: Ministry of Health Proposing Ministers: Hon Andrew Little, Minister of Health Date: March 2021 Problem Definition Primary problem: There are health risks and harms arising from the consumption of all illicit drugs. Some of these risks and harms arise from people not knowing the actual composition of their drugs, and/or not knowing how to mitigate other risks and harms. Secondary problem: Drug checking services address the primary problem by testing illicit drugs and providing harm reduction advice. However the legislation which regulates drug checking service providers will repeal in December 2021. If a new regulatory system is not established, it will be more difficult for drug checking providers to operate. Executive Summary Drug checking services check the composition of illicit drugs and provide harm reduction advice to help individuals make more informed decisions about drug use. Where a substance is not as presumed, the individual can make the potentially life- saving decision not to consume it. Until late 2020, several aspects of drug checking were potentially illegal under the Misuse of Drugs Act 1975 and the Psychoactive Substances Act 2013. For example, drug checkers were potentially committing a possession offence if they handled the drugs. The Drug and Substance Checking Legislation Act 2020 (the Drug Checking Act) amended the Misuse of Drugs Act to enable the Director-General of Health to appoint drug checking service providers and enable appointed providers to operate with legal certainty. -
Misuse of Drugs Act 1975
Reprint as at 22 December 2016 Misuse of Drugs Act 1975 Public Act 1975 No 116 Date of assent 10 October 1975 Commencement see section 1(2) Contents Page Title 3 1 Short Title and commencement 3 2 Interpretation 3 3 Act to bind the Crown 8 3A Classification of drugs 8 4 Amendment of schedules that identify controlled drugs and 8 precursor substances, and set amount, level, or quantity at and over which controlled drugs are presumed to be for supply 4A Procedure for bringing Order in Council made under section 4(1) 10 or (1B) into force 4B Matters to which Minister must have regard before recommending 11 Order in Council under section 4(1) or (1B) 4C Temporary class drug notice [Repealed] 12 4D Effect of temporary class drug notice [Repealed] 12 4E Duration of temporary class drug notice [Repealed] 12 5 Advisory and technical committees 12 5AA Expert Advisory Committee on Drugs 13 5A Approved laboratories 14 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. Note 4 at the end of this reprint provides a list of the amendments incorporated. This Act is administered by the Ministry of Health. 1 Reprinted as at Misuse of Drugs Act 1975 22 December 2016 5B Functions of Minister 14 6 Dealing with controlled drugs 15 7 Possession and use of controlled drugs 17 8 Exemptions from sections 6 and 7 18 9 Cultivation of prohibited plants 22 10 Aiding offences against corresponding law of another country 22 11 Theft, etc, of controlled drugs 23 12 Use of premises or vehicle, etc 24 12A -
1 2 Mar 2019
\11:S:l\flno, HEALTH MANATU ttAUOkA 133 Molesworth St PO Box 5013 Wellington 6145 New Zealand T +64 4 496 2000 1 2 MAR 2019 Ref: H201900514 Dear Response to your request for official information I refer to your request to the Ministry of Health (the Ministry) of 12 February 2019 under the Official Information Act 1982 (the Act). A copy of your request is attached at Appendix One. Responses to your questions are set out below. 1. Where and/or how does my client go about legally acquiring seedlplantslcultivars to start its operation? These must currently be imported. The Ministry for Primary Industries Biosecurity NZ requirements have to be met to import seed: https://www.mpi.govt.nz/importing/plants/seeds for-sowi ng/. Cannabis saliva seeds or plant material cannot legally be sourced in New Zealand for medicinal cannabis purposes. This is because no one can currently be licensed to produce and sell them (this commercial activity will be permitted once the Medicinal Cannabis Scheme is implemented). The sourcing of low THC cannabis seeds from industrial hemp cultivated in New Zealand is also not permitted under the Industrial Hemp Regulations In terms of accessing New Zealand cultivars for commercial cultivation, see section 37 A, subsection 4 of the Misuse of Drugs Act 1975: 'Regulations made under this section that relate to products that contain any part of any plant of the genus Cannabis, cannabis fruit, or cannabis seed must not require that the variety of plant contained in the product was brought into New Zealand with authorisation, if the variety is established in New Zealand at the time the product is manufactured or produced." The Ministry will consult on the proposed model for how this section may be implemented.