Misuse of Drugs Act 1975

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6 Dealing with controlled drugs

(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—

(a)

import into or export from New Zealand any controlled drug; or

(b)

produce or manufacture any controlled drug; or

(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

(d)

supply or administer, or offer to supply or administer, any Class C controlled drug to a person under 18 years of age; or

(e)

sell, or offer to sell, any Class C controlled drug to a person of or over 18 years of age; or

(f)

have any controlled drug in his possession for any of the purposes set out in paragraphs (c), (d), or (e).

(2)

Every person who contravenes subsection (1) commits an offence against this Act and is liable on conviction to—

(a)

imprisonment for life where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

(b)

imprisonment for a term not exceeding 14 years where paragraph (a) does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

(c)

imprisonment for a term not exceeding 8 years in any other case.

(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 to imprisonment for a term—

(a)

not exceeding 14 years where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

(b)

not exceeding 10 years where paragraph (a) does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:

(c)

not exceeding 7 years in any other case.

(3)

[Repealed]

(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—

(a)

against paragraph (c) or paragraph (f) of subsection (1); or

(b)

against paragraph (a) or paragraph (b) of subsection (1) committed in circumstances indicating to the Judge or court an intention to offend against paragraph (c) of that subsection,—

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 subsection (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)).

(7)

[Repealed]

Compare: 1965 No 45 s 5(1)(a), (b), (d), (e), (2), (3), (6)

Section 6(1)(a): replaced, on 31 January 2018, by section 5 of the Misuse of Drugs Amendment Act 2016 (2016 No 80).

Section 6(2): replaced, on 16 October 1978, by section 3(1) of the Misuse of Drugs Amendment Act 1978 (1978 No 65).

Section 6(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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(2A): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 6(3): repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 6(4): replaced, 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): replaced, on 1 October 1985, by section 150(1) of the Criminal Justice Act 1985 (1985 No 120).

Section 6(4A): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 6(4A): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 6(6): replaced, 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).