Misuse of Drugs Act 1975

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Reprint as at 18 December 2018

Coat of Arms of New Zealand

Misuse of Drugs Act 1975

Public Act
 
1975 No 116
Date of assent
 
10 October 1975
Commencement
 
see section 1(2)
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.

Contents

Title
1Short Title and commencement
2Interpretation
2AMeaning of CBD product
3Act to bind the Crown
3AClassification of drugs
4Amendment of schedules that identify controlled drugs and precursor substances, and set amount, level, or quantity at and over which controlled drugs are presumed to be for supply
4AProcedure for bringing Order in Council made under section 4(1) or (1B) into force
4BMatters to which Minister must have regard before recommending Order in Council under section 4(1) or (1B)
4CTemporary class drug notice [Repealed]
4DEffect of temporary class drug notice [Repealed]
4EDuration of temporary class drug notice [Repealed]
5Advisory and technical committees
5AAExpert Advisory Committee on Drugs
5AApproved laboratories
5BFunctions of Minister
6Dealing with controlled drugs
7Possession and use of controlled drugs
8Exemptions from sections 6 and 7
9Cultivation of prohibited plants
10Aiding offences against corresponding law of another country
11Theft, etc, of controlled drugs
12Use of premises or vehicle, etc
12AEquipment, material, and substances used in production or cultivation of controlled drugs
12ABOffence to knowingly import or export precursor substances for unlawful use
12ACOffence to import or export precursor substance without reasonable excuse
12BLaundering proceeds of drug offences [Repealed]
12BACharges for money laundering [Repealed]
12CCommission of offences outside New Zealand
12DDrugs smuggling outside New Zealand, etc: application of sections 12E and 12F, supplementary provisions, and definitions
12EDrugs smuggling outside New Zealand, etc: controlled drugs
12FDrugs smuggling outside New Zealand, etc: prohibited equipment or material
13Miscellaneous offences
14Licences
15False statements
16Obstruction of officers
17Liability of principal for acts of agent, etc
18Seizing and destroying prohibited plants and seeds
18AInternal search of person under arrest [Repealed]
19Power to demand production of records and to inspect stocks of controlled drugs
20Statements regarding drug dependent persons
21Power of court to restrict publication of name of controlled drug
22Powers of Minister to prohibit importation, etc, of controlled drugs
23Powers of Minister to prohibit prescribing, etc
24Offence to prescribe, administer, or supply controlled drug in certain cases
24AMedical practitioners, nurse practitioners, designated prescriber nurses, and designated prescriber pharmacists may prescribe controlled drugs to people dependent on controlled drugs
25Restrictions on supply to particular persons
26Arrest by Customs officers
27General penalty
28Time for filing charging document
28AConsent of Attorney-General required in proceedings under section 12C, 12E, or 12F
29Mistake as to nature of controlled drug or precursor substance
29AIssue of usable quantity
29BSpecial provisions where offence relating to cannabis preparations alleged
29CSpecial provisions where offence relating to controlled drug analogues alleged
30Burden of proof
31Evidence of analysis
32Forfeiture
33Notification of conviction of medical practitioners, etc
34Protection of persons acting under authority of Act
34AProtection of constables
35Crimes deemed to be included in extradition treaties
35AFurther provision on crimes to be treated as included in extradition treaties
35BSurrender of offenders [Repealed]
35CRestrictions on surrender of offenders
35DEvidence
Review of certain provisions
35EReview and report on operation of sections 7(3A), 8(6A), and 13(1A)
36Application of Customs and Excise Act 2018
37Regulations
37ARegulations setting minimum quality standards
38Effect on Poisons Act 1960 [Repealed]
39Repeals
40Revocations
41Application to Niue
Schedule 1
Class A controlled drugs
Schedule 2
Class B controlled drugs
Schedule 3
Class C controlled drugs
Schedule 4
Precursor substances
Schedule 5
Amount, level, or quantity at and over which controlled drugs are presumed to be for supply
Misuse of Drugs Amendment Act 1978
Misuse of Drugs Amendment Act 1992
Reprint notes

An Act to consolidate and amend the Narcotics Act 1965 and to make further provision for the prevention of misuse of drugs