Misuse of Drugs Act 1975

If you need more information about this Act, please contact the administering agency: Ministry of Health

Version as at 5 April 2023

Coat of Arms of New Zealand

Misuse of Drugs Act 1975

Public Act
 
1975 No 116
Date of assent
 
10 October 1975
Commencement
 
see section 1(2)
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Health.

Contents

Title
1Short Title and commencement
2Interpretation
2AMeaning of CBD product
2AATransitional, savings, and related provisions
3Act to bind the Crown
3AClassification of drugs
4Amendment of schedules that identify controlled drugs and precursor substances, and set amount, level, or quantity at and over which controlled drugs are presumed to be for supply
4AProcedure for bringing Order in Council made under section 4(1) or (1B) into force
4BMatters to which Minister must have regard before recommending Order in Council under section 4(1) or (1B)
4CTemporary class drug order
4CTemporary class drug notice [Repealed]
4DEffect of temporary class drug order
4DEffect of temporary class drug notice [Repealed]
4EFurther action relating to temporary class drugs
4EDuration of temporary class drug notice [Repealed]
4FDuration of temporary class drug order
4GStatus of temporary class drug order [Repealed]
5Advisory and technical committees
5AAExpert Advisory Committee on Drugs
5AApproved laboratories
5BFunctions of Minister
6Dealing with controlled drugs
7Possession and use of controlled drugs
8Exemptions from sections 6 and 7
9Cultivation of prohibited plants
10Aiding offences against corresponding law of another country
11Theft, etc, of controlled drugs
12Use of premises or vehicle, etc
12AEquipment, material, and substances used in production or cultivation of controlled drugs
12ABOffence to knowingly import or export precursor substances for unlawful use
12ACOffence to import or export precursor substance without reasonable excuse
12BLaundering proceeds of drug offences [Repealed]
12BACharges for money laundering [Repealed]
12CCommission of offences outside New Zealand
12DDrugs smuggling outside New Zealand, etc: application of sections 12E and 12F, supplementary provisions, and definitions
12EDrugs smuggling outside New Zealand, etc: controlled drugs
12FDrugs smuggling outside New Zealand, etc: prohibited equipment or material
13Miscellaneous offences
14Licences
15False statements
16Obstruction of officers
17Liability of principal for acts of agent, etc
18Seizing and destroying prohibited plants and seeds
18AInternal search of person under arrest [Repealed]
19Power to demand production of records and to inspect stocks of controlled drugs
20Statements regarding drug dependent persons
21Power of court to restrict publication of name of controlled drug
22Powers of Minister to prohibit importation, etc, of controlled drugs
23Powers of Minister to prohibit prescribing, etc
24Offence to prescribe, administer, or supply controlled drug in certain cases
24AMedical practitioners, nurse practitioners, designated prescriber nurses, and designated prescriber pharmacists may prescribe controlled drugs to people dependent on controlled drugs
25Restrictions on supply to particular persons
26Arrest by Customs officers
27General penalty
28Time for filing charging document
28AConsent of Attorney-General required in proceedings under section 12C, 12E, or 12F
29Mistake as to nature of controlled drug or precursor substance
29AIssue of usable quantity
29BSpecial provisions where offence relating to cannabis preparations alleged
29CSpecial provisions where offence relating to controlled drug analogues alleged
30Burden of proof
31Evidence of analysis
32Forfeiture
33Notification of conviction of medical practitioners, etc
34Protection of persons acting under authority of Act
34AProtection of constables
35Crimes deemed to be included in extradition treaties
35AFurther provision on crimes to be treated as included in extradition treaties
35BSurrender of offenders [Repealed]
35CRestrictions on surrender of offenders
35DEvidence
Drug and substance checking
35DALicensing of drug and substance checking service providers
35DBFunctions of service provider
35DCPossession or supply of controlled drug for purpose of performing functions
35DDSupplying or surrendering controlled drug to service provider
Drug and substance checking: general licence conditions
35DDAGeneral licence conditions set out in sections 35DDB to 35DDK
35DDBService provider must display copy of licence
35DDCService provider must not perform functions in residential premises
35DDDService provider must not charge individuals for drug checking services
35DDEService provider must not require or collect, etc, certain information
35DDFService provider must provide accurate and appropriate harm reduction advice with test results
35DDGService provider must store controlled drugs or psychoactive substances securely
35DDHService provider must report loss or removal of controlled drug or psychoactive substance
35DDIService provider must report data
35DDJService provider must keep records
35DDKService provider must facilitate monitoring
Drug and substance checking: offences and other matters
35DEOffence relating to breach of conditions of licence
35DFOffence to provide checking services, etc, without being licensed
35DGLiability of responsible persons, etc, if service provider is entity
35DHProtections from liabilities of service provider
35DIUse of service and test result not admissible in civil or criminal proceedings
Drug and substance checking
[Repealed]
35DADrug and substance checking service providers [Repealed]
35DBFunctions of service provider [Repealed]
35DCPossession or supply of controlled drug for purpose of performing functions [Repealed]
35DDSupplying or surrendering controlled drug to service provider [Repealed]
35DEOffence relating to breach of terms or conditions of appointment [Repealed]
35DFOffence to provide checking services, etc, without being appointed under section 35DA [Repealed]
35DGService providers not to collect, etc, personal information [Repealed]
35DHProtections from liabilities of service provider [Repealed]
35DITest result not admissible in criminal proceedings [Repealed]
Review of certain provisions
35EReview and report on operation of sections 7(3A), 8(6A), and 13(1A)
36Application of Customs and Excise Act 2018
37Regulations
37ARegulations setting minimum quality standards
37BRegulations relating to drug and substance checking service providers
38Effect on Poisons Act 1960 [Repealed]
39Repeals
40Revocations
41Application to Niue
Schedule 1AA
Transitional, savings, and related provisions
Schedule 1
Class A controlled drugs
Schedule 2
Class B controlled drugs
Schedule 3
Class C controlled drugs
Schedule 4
Precursor substances
Schedule 5
Amount, level, or quantity at and over which controlled drugs are presumed to be for supply
Schedule 6
Licensing of drug and substance checking service providers
Misuse of Drugs Amendment Act 1978
Misuse of Drugs Amendment Act 1992
Notes

An Act to consolidate and amend the Narcotics Act 1965 and to make further provision for the prevention of misuse of drugs