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Misuse of Drugs Act 1975

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Misuse of Drugs Act 1975 Reprint as at 1 April 2008 Misuse of Drugs Act 1975 Public Act 1975 No 116 Date of assent 10 October 1975 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 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 12 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) 5 Advisory and technical committees 14 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint. A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint. This Act is administered in the Ministry of Health 1 Reprinted as at Misuse of Drugs Act 1975 1 April 2008 5AA Expert Advisory Committee on Drugs 14 5A Approved laboratories 16 5B Functions of Minister 16 6 Dealing with controlled drugs 17 7 Possession and use of controlled drugs 20 8 Exemptions from sections 6 and 7 21 9 Cultivation of prohibited plants 27 10 Aiding offences against corresponding law of another 27 country 11 Theft, etc, of controlled drugs 28 12 Use of premises or vehicle 29 12A Equipment, material, and substances used in production 30 or cultivation of controlled drugs 12AB Offence to knowingly import or export precursor 31 substances for unlawful use 12AC Offence to import or export precursor substance without 32 reasonable excuse 12B Laundering proceeds of drug offences 33 12C Commission of offences outside New Zealand 36 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 Search and seizure 41 18A Internal search of person under arrest 43 19 Power to demand production of records and to inspect 45 stocks of controlled drugs 20 Statements regarding drug dependent persons 46 21 Power of Court to restrict publication of name of 48 controlled drug 22 Powers of Minister to prohibit importation, etc, of 48 controlled drugs 23 Powers of Minister to prohibit prescribing, etc 50 24 Treatment of people dependent on controlled drugs 53 25 Restrictions on supply to particular persons 57 26 Arrest by Customs Officers 58 27 General penalty 58 28 Legal proceedings 59 28A Consent of Attorney­General required in proceedings 59 under section 12C 2 Reprinted as at 1 April 2008 Misuse of Drugs Act 1975 29 Mistake as to nature of controlled drug or precursor 60 substance 29A Issue of usable quantity 60 29B Special provisions where offence relating to cannabis 61 preparations alleged 29C Special provisions where offence relating to controlled 61 drug analogues alleged 30 Burden of proof 62 31 Evidence of analysis 62 32 Forfeiture 65 33 Notification of conviction of medical practitioners, etc 67 34 Protection of persons acting under authority of Act 67 34A Protection of Police officers 68 35 Crimes deemed to be included in extradition treaties 68 35A Further provision on crimes to be treated as included in 69 extradition treaties 35B Surrender of offenders [Repealed] 71 35C Restrictions on surrender of offenders 71 35D Evidence 71 36 Application of Customs and Excise Act 1996 72 37 Regulations 73 38 Effect on Poisons Act 1960 [Repealed] 76 39 Repeals 76 40 Revocations 76 41 Application to Niue 77 689A Misuse of Drugs Act in force in Niue 77 Schedule 1 78 Class A controlled drugs Schedule 2 81 Class B controlled drugs Schedule 3 92 Class C controlled drugs Schedule 4 105 Precursor Substances Schedule 5 107 Amount, level, or quantity at and over which controlled drugs are presumed to be for supply 3 Reprinted as at Misuse of Drugs Act 1975 1 April 2008 An Act to consolidate and amend the Narcotics Act 1965 and to make further provision for the prevention of misuse of drugs BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 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 Governor­General by Order in Council. 2 Interpretation (1) In this Act, unless the context otherwise requires,— Approved laboratory means a laboratory for the time being approved under section 5A of this Act Approved laboratory: this definition was inserted, as from 1 July 1992, by section 2 Misuse of Drugs Amendment Act 1992 (1992 No 49). Carrier includes every person engaged in carrying goods (including mail) for hire or reward by any means, and whether by land, water, or air Carrier: this definition was amended, as from 1 April 1998, by section 62(1) Postal Services Act 1998 (1998 No 2) by inserting the words “(including mail)”. See clause 2 Postal Services Act Commencement Order 1998 (SR 1998/49). Class A controlled drug means the controlled drugs specified or described in Schedule 1 to this Act Class A controlled drug: this definition was inserted, as from 2 September 1996, by section 2(2) Misuse of Drugs Amendment Act 1996 (1996 No 133). Class B controlled drug means the controlled drugs specified or described in Schedule 2 to this Act Class B controlled drug: this definition was inserted, as from 2 September 1996, by section 2(2) Misuse of Drugs Amendment Act 1996 (1996 No 133). Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act ; and includes any controlled drug analogue Class C controlled drug: this definition was inserted, as from 2 September 1996, by section 2(2) Misuse of Drugs Amendment Act 1996 (1996 No 133). 4 Reprinted as at 1 April 2008 Misuse of Drugs Act 1975 s 2 Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3 to this Act ; and includes any controlled drug analogue Controlled drug: this definition was substituted, as from 2 September 1996, by section 2(1) Misuse of Drugs Amendment Act 1996 (1996 No 133). Controlled drug analogue means any substance, such as the substances specified or described in Part 7 of Schedule 3 to this Act, that has a structure substantially similar 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 to this Act ; or (b) Any pharmacy­only medicine or prescription medicine or restricted medicine within the meaning of the Medicines Act 1981: Controlled drug analogue: this definition was inserted, as from 13 January 1988, by section 2(1) Misuse of Drugs Amendment Act (No 2) 1987 (1987 No 193). 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 Dentist: this definition was amended, as from 1 January 1989, by substituting the Dental Act 1988 (1988 No 150) for the repealed Dental Act 1963. Dentist: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. Dependent means being in a state of periodic or chronic intoxication, produced by the repeated consumption, smoking, or other use of a controlled drug detrimental 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 corresponding meaning Designated prescriber has the same meaning as it has in section 2(1) of the Medicines Act 1981 Designated prescriber: this definition was inserted, as from 15 October 1999, by section 16 Medicines Amendment Act 1999 (1999 No 117). 5 Reprinted as at s 2 Misuse of Drugs Act 1975 1 April 2008 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 Medical practitioner: substituted, as from 1 July 1996, by section 143(1) Medical Practitioners Act 1995 (1995 No 95). See clause 2 Medical Practitioners Act Commencement Order 1996 (SR 1996/162). medical practitioner: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions. 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 Competence Assurance Act 2003 as a practitioner of the profession of midwifery midwife: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48).
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