Misuse of Drugs Amendment Bill

  • enacted
6 Section 7 amended (Possession and use of controlled drugs)

After section 7(4), insert:

(5)

To avoid doubt, it is affirmed that there is a discretion to prosecute for an offence against subsection (1)(a), and a prosecution should not be brought unless it is required in the public interest.

(6)

When considering whether a prosecution is required in the public interest, in addition to any other relevant matters, consideration should be given to whether a health-centred or therapeutic approach would be more beneficial to the public interest.