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Misuse of Drugs Act 1975

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Misuse of Drugs Act 1975 Reprint as at 8 December 2020 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 2A Meaning of CBD product 10 3 Act to bind the Crown 10 3A Classification of drugs 11 4 Amendment of schedules that identify controlled drugs and 11 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) 13 or (1B) into force 4B Matters to which Minister must have regard before recommending 13 Order in Council under section 4(1) or (1B) 4C Temporary class drug order 15 4C Temporary class drug notice [Repealed] 15 4D Effect of temporary class drug order 15 4D Effect of temporary class drug notice [Repealed] 16 4E Further action relating to temporary class drugs 16 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this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of Health. 1 Reprinted as at Misuse of Drugs Act 1975 8 December 2020 4E Duration of temporary class drug notice [Repealed] 16 4F Duration of temporary class drug order 16 4G Status of temporary class drug order 17 5 Advisory and technical committees 17 5AA Expert Advisory Committee on Drugs 17 5A Approved laboratories 19 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 26 10 Aiding offences against corresponding law of another country 26 11 Theft, etc, of controlled drugs 27 12 Use of premises or vehicle, etc 28 12A Equipment, material, and substances used in production or 29 cultivation of controlled drugs 12AB Offence to knowingly import or export precursor substances for 30 unlawful use 12AC Offence to import or export precursor substance without 30 reasonable excuse 12B Laundering proceeds of drug offences [Repealed] 31 12BA Charges for money laundering [Repealed] 31 12C Commission of offences outside New Zealand 31 12D Drugs smuggling outside New Zealand, etc: application of sections 32 12E and 12F, supplementary provisions, and definitions 12E Drugs smuggling outside New Zealand, etc: controlled drugs 33 12F Drugs smuggling outside New Zealand, etc: prohibited equipment 35 or material 13 Miscellaneous offences 37 14 Licences 39 15 False statements 40 16 Obstruction of officers 40 17 Liability of principal for acts of agent, etc 40 18 Seizing and destroying prohibited plants and seeds 41 18A Internal search of person under arrest [Repealed] 41 19 Power to demand production of records and to inspect stocks of 41 controlled drugs 20 Statements regarding drug dependent persons 42 21 Power of court to restrict publication of name of controlled drug 43 22 Powers of Minister to prohibit importation, etc, of controlled drugs 44 23 Powers of Minister to prohibit prescribing, etc 46 24 Offence to prescribe, administer, or supply controlled drug in 48 certain cases 2 Reprinted as at 8 December 2020 Misuse of Drugs Act 1975 24A Medical practitioners, nurse practitioners, designated prescriber 49 nurses, and designated prescriber pharmacists may prescribe controlled drugs to people dependent on controlled drugs 25 Restrictions on supply to particular persons 51 26 Arrest by Customs officers 52 27 General penalty 52 28 Time for filing charging document 52 28A Consent of Attorney-General required in proceedings under section 52 12C, 12E, or 12F 29 Mistake as to nature of controlled drug or precursor substance 53 29A Issue of usable quantity 53 29B Special provisions where offence relating to cannabis preparations 54 alleged 29C Special provisions where offence relating to controlled drug 54 analogues alleged 30 Burden of proof 55 31 Evidence of analysis 55 32 Forfeiture 57 33 Notification of conviction of medical practitioners, etc 58 34 Protection of persons acting under authority of Act 59 34A Protection of constables 59 35 Crimes deemed to be included in extradition treaties 60 35A Further provision on crimes to be treated as included in extradition 60 treaties 35B Surrender of offenders [Repealed] 61 35C Restrictions on surrender of offenders 61 35D Evidence 62 Drug and substance checking 35DA Drug and substance checking service providers 62 35DB Functions of service provider 63 35DC Possession or supply of controlled drug for purpose of performing 63 functions 35DD Supplying or surrendering controlled drug to service provider 64 35DE Offence relating to breach of terms or conditions of appointment 64 35DF Offence to provide checking services, etc, without being appointed 64 under section 35DA 35DG Service providers not to collect, etc, personal information 64 35DH Protections from liabilities of service provider 64 35DI Test result not admissible in criminal proceedings 65 Review of certain provisions 35E Review and report on operation of sections 7(3A), 8(6A), and 65 13(1A) 36 Application of Customs and Excise Act 2018 65 3 Reprinted as at s 1 Misuse of Drugs Act 1975 8 December 2020 37 Regulations 66 37A Regulations setting minimum quality standards 68 38 Effect on Poisons Act 1960 [Repealed] 69 39 Repeals 69 40 Revocations 69 41 Application to Niue 69 Schedule 1 70 Class A controlled drugs Schedule 2 73 Class B controlled drugs Schedule 3 82 Class C controlled drugs Schedule 4 93 Precursor substances Schedule 5 95 Amount, level, or quantity at and over which controlled drugs are presumed to be for supply An Act to consolidate and amend the Narcotics Act 1965 and to make further provision for the prevention of misuse of drugs 1 Short Title and commencement (1) This Act may be cited as the Misuse of Drugs Act 1975. (2) This Act shall come into force on a date to be appointed for the commencement thereof by the Governor-General by Order in Council. Section 1(2): this Act brought into force, on 1 June 1977, by clause 2 of the Misuse of Drugs Act Commencement Order 1977 (SR 1977/36). 2 Interpretation (1) In this Act, unless the context otherwise requires,— approved laboratory means a laboratory for the time being approved under section 5A carrier includes every person engaged in carrying goods (including mail) for hire or reward by any means, and whether by land, water, or air CBD product has the meaning given in section 2A Class A controlled drug means the controlled drugs specified or described in Schedule 1 Class B controlled drug means the controlled drugs specified or described in Schedule 2 4 Reprinted as at 8 December 2020 Misuse of Drugs Act 1975 s 2 Class C controlled drug means the controlled drugs specified or described in Schedule 3; and includes any temporary class drug and any controlled drug analogue controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any tem- porary class drug and any controlled drug analogue controlled drug analogue means any substance, such as the substances speci- fied or described in Part 7 of Schedule 3, that has a structure substantially simi- lar to that of any controlled drug; but does not include— (a) any substance specified or described in Schedule 1 or Schedule 2 or Parts 1 to 6 of Schedule 3; or (b) any pharmacy-only medicine or prescription medicine or restricted med- icine within the meaning of the Medicines Act 1981; or (c) an approved product within the meaning of the Psychoactive Substances Act 2013 (d) a non-psychoactive THC analogue cultivate includes sow or plant; and cultivation has a corresponding meaning dentist means a health practitioner who is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry dependent means being in a state of periodic or chronic intoxication, produced by the repeated consumption, smoking, or other use of a controlled drug detri- mental to the person in relation to whom the word is used, and involving a compulsive desire to continue consuming, smoking, or otherwise using the drug or a tendency to increase the dose of the drug; and dependency has a cor- responding meaning designated prescriber has the same meaning as it has in section 2(1) of the Medicines Act 1981 drug and substance checking service provider or service provider means a person appointed as a drug and substance checking service provider under sec- tion 35DA Medical Officer of Health means a Medical Officer of Health within the meaning of the Health Act 1956; and includes the officers referred to in section 22 of that Act medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners 5 Reprinted as at s 2 Misuse of Drugs Act 1975 8 December 2020 Competence Assurance Act 2003 as a practitioner of the profession of midwif- ery Minister means the Minister of Health non-psychoactive THC analogue means a substance that— (a) occurs naturally in cannabis; and (b) is not capable of inducing more than a minor psychoactive effect, by any means,
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