Psychoactive Substances Bill

  • enacted

Meaning of psychoactive substance

9 Meaning of psychoactive substance
  • (1) In this Act, unless the context otherwise requires, psychoactive substance means a substance, mixture, preparation, article, device, or thing that is capable of inducing a psychoactive effect (by any means) in an individual who uses the psychoactive substance.

    (2) Psychoactive substance includes—

    • (a) an approved product:

    • (b) a substance, mixture, preparation, article, device, or thing that is, or that is of a kind or belonging that is, or belongs to a class that is, declared by the Governor-General by Order in Council made under section 81 to be a psychoactive substance for the purposes of this Act.

    (3) Despite subsections (1) and (2), psychoactive substance does not include—

    • (a) a controlled drug specified or described in Schedule 1, 2, or 3 of the Misuse of Drugs Act 1975:

    • (b) a precursor substance specified or described in Schedule 4 of the Misuse of Drugs Act 1975:

    • (c) a medicine within the meaning of section 3 of the Medicines Act 1981 or a related product within the meaning of section 94 of that Act:

    • (d) a herbal remedy (within the meaning of section 2(1) of the Medicines Act 1981):

    • (e) a dietary supplement (within the meaning of regulation 2A of the Dietary Supplements Regulations 1985):

    • (f) any food (within the meaning of section 2 of the Food Act 1981):

    • (g) any alcohol, unless the alcohol contains a psychoactive substance as defined in subsection (1) or (2) that is not alcohol:

    • (h) any tobacco product (within the meaning of section 2(1) of the Smoke-free Environments Act 1990), unless the tobacco product contains a psychoactive substance as defined in subsection (1) or (2) that is not tobacco:

    • (i) a substance, mixture, preparation, article, device, or thing that is, or that is of a kind or belonging that is, or belongs to a class that is, declared by the Governor-General by Order in Council made under section 81 not to be a psychoactive substance for the purposes of this Act.

    Compare: 2005 No 81 s 31