Misuse of Drugs (Classification and Presumption of Supply—25B-NBOMe, 25C-NBOMe, and 25I-NBOMe) Order 2016

2016/89

Coat of Arms of New Zealand

Misuse of Drugs (Classification and Presumption of Supply—25B-NBOMe, 25C-NBOMe, and 25I-NBOMe) Order 2016

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 16th day of May 2016

Present:
Her Excellency the Administrator of the Government in Council

This order is made under section 4(1) and (1B) of the Misuse of Drugs Act 1975—

(a)

on the advice and with the consent of the Executive Council; and

(b)

in accordance with a recommendation of the Minister of Health made after complying with section 4B of that Act.

Order

1 Title

This order is the Misuse of Drugs (Classification and Presumption of Supply—25B-NBOMe, 25C-NBOMe, and 25I-NBOMe) Order 2016.

2 Commencement

This order comes into force on a date appointed by the Governor-General by Order in Council made under section 4A(1) of the Misuse of Drugs Act 1975.

3 Schedule 2 of Misuse of Drugs Act 1975 amended

In the Misuse of Drugs Act 1975, Schedule 2, Part 1, clause 1, insert in their appropriate alphabetical order:

25B-NBOMe (2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine)

25C-NBOMe (2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine)

25I-NBOMe (2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine)

4 Schedule 5 of Misuse of Drugs Act 1975 amended

In the Misuse of Drugs Act 1975, Schedule 5, clause 1, insert in their appropriate alphabetical order:

25B-NBOMe (2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine)25 milligrams or 25 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug
25C-NBOMe (2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine)25 milligrams or 25 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug
25I-NBOMe (2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine)25 milligrams or 25 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order amends Part 1 of Schedule 2 of the Misuse of Drugs Act 1975 (the Act) by adding 25B-NBOMe, 25C-NBOMe, and 25I-NBOMe to clause 1 of that Part. The effect of this is to classify those substances as Class B controlled drugs.

This order also amends Schedule 5 of the Act by—

  • adding 25B-NBOMe, 25C-NBOMe, and 25I-NBOMe to clause 1 of that Schedule; and

  • specifying 25 milligrams or 25 flakes, tablets, capsules, or other drug forms as the amounts at and over which those substances are to be presumed to be for supply.

These changes follow a recommendation to the Minister of Health by the Expert Advisory Committee on Drugs, established under section 5AA of the Act.

This order comes into force on a date to be set by a commencement order made under section 4A(1) of the Act. That section provides that the commencement order may be made only after the House of Representatives has approved this order. Approval cannot be given until at least 28 days after the date on which this order is notified in the Gazette.

Regulatory impact statement

The Ministry of Health produced a regulatory impact statement on 23 February 2016 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 19 May 2016.

This order is administered by the Ministry of Health.