Misuse of Drugs Act 1975

11 Theft, etc, of controlled drugs

(1)

Every person commits an offence against this Act and is liable on conviction to imprisonment for a term not exceeding 7 years who—

(a)

steals a controlled drug; or

(b)

with intent to defraud by any false pretence, either directly or through the medium of any contract obtained by the false pretence, obtains possession of or title to a controlled drug, or procures a controlled drug to be delivered to any person other than himself; or

(c)

receives a controlled drug obtained by any offence, or by any act, wherever committed, that, if committed in New Zealand, would constitute an offence, knowing that the controlled drug had been dishonestly obtained or being reckless as to whether or not the controlled drug had been stolen or so obtained.

(2)

Section 246(2) to (5) of the Crimes Act 1961 shall apply in respect of any proceedings for an offence against paragraph (c) of subsection (1).

(3)

Sections 219, 220, 222, 240, and 246(2) to (5) of the Crimes Act 1961 shall apply, with such modifications as may be necessary, for the purpose of construing subsection (1).

Compare: 1965 No 45 s 6A; 1970 No 27 s 4(1)

Section 11(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 11(1)(c): replaced, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).

Section 11(1)(c): amended, on 1 July 2013, by section 4(1)(a) of the Misuse of Drugs Amendment Act 2013 (2013 No 31).

Section 11(1)(c): amended, on 1 July 2013, by section 4(1)(b) of the Misuse of Drugs Amendment Act 2013 (2013 No 31).

Section 11(2): amended, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).

Section 11(3): amended, on 1 July 2013, by section 4(2)(a) of the Misuse of Drugs Amendment Act 2013 (2013 No 31).

Section 11(3): amended, on 1 July 2013, by section 4(2)(b) of the Misuse of Drugs Amendment Act 2013 (2013 No 31).

Section 11(3): amended, on 1 October 2003, by section 34 of the Crimes Amendment Act 2003 (2003 No 39).