Misuse of Drugs Act 1975

If you need more information about this Act, please contact the administering agency: Ministry of Health
8 Exemptions from sections 6 and 7

(1)

Despite sections 6 and 7,—

(a)

any medical practitioner, dentist, or veterinarian may prescribe, produce, manufacture, supply, or administer controlled drugs:

(b)

any pharmacist or any person with the authority and under the immediate supervision of a pharmacist may produce, manufacture, or supply controlled drugs—

(i)

listed in the pharmaceutical schedule within the meaning of the Pae Ora (Healthy Futures) Act 2022 for the purposes of a person eligible for a subsidy for the supply of controlled drugs; or

(ii)

for the purposes of the hospital in which he or she is employed; or

(iii)

pursuant to a prescription or order issued by a medical practitioner, dentist, nurse practitioner, optometrist, midwife, designated prescriber, or veterinarian:

(c)

any person for whom a controlled drug is supplied by a medical practitioner or dentist, or prescribed by a medical practitioner or dentist and lawfully supplied, may administer that drug to himself or herself in accordance with the advice of the medical practitioner or dentist who supplied or prescribed it:

(d)

any person having the care of a patient for whom a controlled drug is supplied by a medical practitioner or dentist, or prescribed by a medical practitioner or dentist and lawfully supplied, may administer that drug to that patient in accordance with the advice of the medical practitioner or dentist who supplied or prescribed it:

(e)

any person having the care of an animal for which a controlled drug is supplied by a veterinarian, or prescribed by a veterinarian and lawfully supplied, may administer that drug to that animal in accordance with the advice of the veterinarian who supplied or prescribed it:

(f)

Health New Zealand established by section 11 of the Pae Ora (Healthy Futures) Act 2022 or other corporate body, and any individual person who is the manager or person licensed to carry on a hospital or any other institution, that has the care of patients for whom controlled drugs are lawfully prescribed or supplied may possess those drugs for the purposes of the treatment of those patients:

(g)

any person in the service of the Crown, or any Medical Officer of Health or any pharmacist approved by a Medical Officer of Health, may procure and possess a controlled drug for the purposes of and in connection with his or her official duties:

(h)

any carrier may possess a controlled drug in the course of carriage to such extent as is necessary or incidental to the carrier’s business:

(i)

any person who is permitted by or under this Act to import, export, supply, or administer a controlled drug may procure that drug from a person lawfully entitled to supply it and may possess that drug in the manner and for the purposes expressed or implied in that authority:

(j)

any person who is licensed or otherwise permitted under this Act to cultivate a prohibited plant may possess any controlled drug derived from that plant in the manner and for the purposes expressed or implied in that authority:

(k)

any person who is permitted by or under this Act to possess a controlled drug may procure that drug from a person lawfully entitled to supply it, and may supply or use that drug in the manner and for the purposes expressed or implied in that authority:

(l)

a person may, while entering or leaving New Zealand, possess a controlled drug required for treating the medical condition of the person or any other person in his or her care or control, if the quantity of drug is no greater than that required for treating the medical condition for 1 month, and the drug was—

(i)

lawfully supplied to the person by a medical practitioner, nurse practitioner, optometrist, midwife, designated prescriber, or dentist in New Zealand; or

(ii)

prescribed by a medical practitioner, nurse practitioner, optometrist, midwife, designated prescriber, or dentist, and lawfully supplied to the person in New Zealand; or

(iii)

lawfully supplied to the person overseas and supplied for the purpose of treating a medical condition:

(m)

a designated prescriber, nurse practitioner, optometrist, or midwife who is authorised by regulations made under this Act to prescribe controlled drugs of any specified class or description may prescribe, supply, or administer such drugs:

(n)

a person who is authorised to issue a standing order may include in a standing order authority to supply and administer controlled drugs of any specified class or description, and a person who is authorised under a standing order to supply and administer any controlled drugs may supply and administer those drugs in accordance with that standing order.

(2)

However, subsection (1) is subject to any prohibitions, limitations, restrictions, or conditions imposed by any regulations made under this Act.

(3)

Nothing in subsection (1) or (2) overrides—

(a)

sections 22 to 25; or

(b)

any prohibitions, limitations, restrictions, or conditions imposed under any of those sections.

(4)

Despite section 6(1)(a), any person may import, export, supply, administer, or possess any controlled drug specified or described in Part 6 of Schedule 3.

(5)

However, subsection (4) is subject to any prohibitions, limitations, restrictions, or conditions imposed by any regulations made under this Act.

(6)

Nothing in subsection (4) or (5) overrides—

(a)

section 22; or

(b)

any prohibitions, limitations, restrictions, or conditions imposed under that section; or

(c)

any other enactment.

(6A)

Despite section 7(1)(a), a person who has a certificate from a medical practitioner or nurse practitioner certifying that the person requires palliation may procure, possess, consume, smoke, or otherwise use any plant or plant material of the genus Cannabis or any cannabis preparation.

(7)

In this section,—

(a)

a reference to a person of any of the following descriptions is a reference to that person acting in the course of his or her practice or employment:

(i)

medical practitioner:

(ii)

dentist:

(iii)

veterinarian:

(iv)

pharmacist:

(v)

midwife:

(vi)

nurse practitioner:

(vii)

optometrist:

(viii)

designated prescriber:

(ix)

person authorised under a standing order authority; and

(b)

a reference to the supply of controlled drugs includes an offer to supply a controlled drug.

Section 8: replaced, on 31 January 2018, by section 6 of the Misuse of Drugs Amendment Act 2016 (2016 No 80).

Section 8(1)(b)(i): amended, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).

Section 8(1)(f): amended, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).

Section 8(6A): inserted, on 18 December 2018, by section 7 of the Misuse of Drugs (Medicinal Cannabis) Amendment Act 2018 (2018 No 54).