Misuse of Drugs (Classification of BZP) Amendment Act 2008

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Misuse of Drugs (Classification of BZP) Amendment Act 2008

Public Act2008 No 5
Date of assent14 March 2008
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1 Title

  • This Act is the Misuse of Drugs (Classification of BZP) Amendment Act 2008.

2 Commencement

  • This Act comes into force on 1 April 2008.

3 Principal Act amended

Part 1
Amendments to principal Act and amnesty provision

Amendments to principal Act

4 Schedule 3 amended

  • Part 1 of Schedule 3 is amended by adding the clauses set out in Schedule 1 of this Act as clauses 2 to 6.

5 Schedule 5 amended

  • Clause 1 of Schedule 5 is amended by inserting the items set out in Schedule 2 of this Act after the item relating to cannabis plant.

Amnesty provision

6 Amnesty in relation to use and possession for personal use of BZP

  • (1) Despite section 4 of this Act and section 7 of the principal Act, it is not an offence for a person, in relation to any of the controlled drugs added by section 4 of this Act to Part 1 of Schedule 3 of the principal Act, to do either or both of the following before 1 October 2008:

    • (a) to possess for his or her own use an amount of that controlled drug that is less than the amount, level, or quantity at and over which that controlled drug is presumed to be for supply, as specified in Schedule 5 of the principal Act (as amended by section 5 of this Act):

    • (b) to use that controlled drug.

    (2) This section is subject to section 6 of the principal Act and to section 5 of this Act.

    (3) This section expires at the close of 30 September 2008.

Part 2
Amendment to Misuse of Drugs Amendment Act 2005

7 Misuse of Drugs Amendment Act 2005 amended
8 Schedule 4 amended

  • The item relating to BZP in Schedule 4 is omitted.

Schedule 1
New clauses added to Part 1 of Schedule 3

s 4

2

  • The following substances:

    BZP (1-benzylpiperazine or A2 benzylpiperazine or N-benzylpiperazine (1-benzyl-1,4-diazacyclohexane))

    TFMPP (1-(3-trifluoromethylphenyl)piperazine or N-(3-trifluoromethylphenyl)piperazine)

    pFPP (1-(4-fluorophenyl)piperazine)

    MeOPP (1-(4-methoxyphenyl)piperazine)

    mCPP (1-(meta-chlorophenyl)piperazine) or 1-(3-chlorophenyl)piperazine)

    MBZP (1-methyl-4-benzylpiperazine).

3

  • The isomers of the substances mentioned in clause 2 whenever the existence of such isomers is possible within the specific chemical designation.

4

  • The esters and ethers of the substances mentioned in clause 2 and the esters and the ethers of the isomers mentioned in clause 3 whenever the existence of such esters or ethers is possible.

5

  • The salts of the substances mentioned in clause 2 and the salts of the isomers, esters, and ethers mentioned in clause 3 or 4.

6

  • Substances containing any proportion of a substance mentioned in clause 2, 3, 4, or 5.

Schedule 2
Items inserted into clause 1 of Schedule 5

s 5

BZP (1-benzylpiperazine or A2 benzylpiperazine or N-benzylpiperazine (1-benzyl-1,4-diazacyclohexane)) 5 grams or 100 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug
TFMPP (1-(3-trifluoromethylphenyl)piperazine or N-(3-trifluoromethylphenyl)piperazine) 5 grams or 100 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug
pFPP (1-(4-fluorophenyl)piperazine) 5 grams or 100 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug
MeOPP (1-(4-methoxyphenyl)piperazine) 5 grams or 100 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug
mCPP (1-(meta-chlorophenyl)piperazine) or 1-(3-chlorophenyl)piperazine) 5 grams or 100 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug
MBZP (1-methyl-4-benzylpiperazine) 5 grams or 100 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug

Legislative history

22 August 2007Introduction (Bill 146–1)
11 September 2007First reading and referral to Health Committee
15 November 2007Reported from Health Committee (Bill 146–1)
5 March 2008Second reading
11 March 2008Committee of the whole House (Bill 146–2)
13 March 2008Third reading
14 March 2008Royal assent

This Act is administered by the Ministry of Health.