(1) Except as provided in section 8, or pursuant to a licence under this Act, or as otherwise permitted by regulations made under this Act, no person shall—
(c) supply or administer, or offer to supply or administer, any Class A controlled drug or Class B controlled drug to any other person, or otherwise deal in any such controlled drug; or
(2) Every person who contravenes subsection (1) commits an offence against this Act and is liable on conviction on indictment to—
(2A) Every person who conspires with any other person to commit an offence against subsection (1) commits an offence against this Act and is liable on conviction on indictment to imprisonment for a term—
(3) Notwithstanding anything in section 7 of the Summary Proceedings Act 1957, where any person is summarily convicted of an offence against this section relating to a Class C controlled drug, the District Court may sentence him to imprisonment for a term not exceeding 1 year or to a fine not exceeding $1,000.
(4) Notwithstanding anything in Part 1 or section 39 or section 81 of the Sentencing Act 2002, where any person is convicted of an offence relating to a Class A controlled drug—
the Judge or court shall impose a sentence of imprisonment (within the meaning of that Act) unless, having regard to the particular circumstances of the offence or of the offender, including the age of the offender if he is under 20 years of age, the Judge or court is of the opinion that the offender should not be so sentenced.
(4A) Without limiting anything in subsections (3) and (4) or in Part 1 or section 39 or section 81 of the Sentencing Act 2002, where any person is convicted of an offence relating to a Class A controlled drug or a Class B controlled drug against any of paragraphs (a), (b), (c), and (f) of subsection (1), the Judge or court, if he or it decides to impose a sentence of imprisonment, shall consider whether or not he or it should also impose a fine.
(5) For the purposes of paragraph (e) of subsection (1), if it is proved that a person has supplied a controlled drug to another person he shall until the contrary is proved be deemed to have sold that controlled drug to that other person.
(6) For the purposes of subsection (1)(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1)(c), (d), or (e) if he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply (see section 2(1A)).
Compare: 1965 No 45 s 5(1)(a), (b), (d), (e), (2), (3), (6)
Section 6(1)(a): substituted, on 6 November 1986, by section 2 of the Misuse of Drugs Amendment Act 1986 (1986 No 102).
Section 6(2): substituted, on 16 October 1978, by section 3(1) of the Misuse of Drugs Amendment Act 1978 (1978 No 65).
Section 6(2A): inserted, on 16 October 1978, by section 4(1) of the Misuse of Drugs Amendment Act 1978 (1978 No 65).
Section 6(3): substituted, on 13 January 1983, by section 3(1) of the Misuse of Drugs Amendment Act 1982 (1982 No 151).
Section 6(4): substituted, on 1 October 1985, by section 150(1) of the Criminal Justice Act 1985 (1985 No 120).
Section 6(4): amended on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).
Section 6(4A): substituted, on 1 October 1985, by section 150(1) of the Criminal Justice Act 1985 (1985 No 120).
Section 6(4A): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).
Section 6(6): substituted, on 22 June 2005, by section 8 of the Misuse of Drugs Amendment Act 2005 (2005 No 81).
Section 6(7): repealed, on 22 June 2005, by section 8 of the Misuse of Drugs Amendment Act 2005 (2005 No 81).