Misuse of Drugs Act 1975

If you need more information about this Act, please contact the administering agency: Ministry of Health
12 Use of premises or vehicle, etc

(1)

Every person commits an offence against this Act who knowingly permits any premises or any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance to be used for the purpose of the commission of an offence against this Act.

(1A)

It is not an offence against subsection (1) for a person to permit any premises or mode of conveyance to be used by a drug and substance checking service provider for the purpose of performing the functions specified in section 35DB knowing that the service provider will be providing services to individuals who may be committing offences against this Act.

(1A)

[Repealed]

(2)

Every person who commits an offence against this section is liable on conviction to imprisonment for a term—

(a)

not exceeding 10 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 7 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 3 years in any other case.

(3)

[Repealed]

Compare: 1965 No 45 s 7(1)(a)

Section 12 heading: amended, on 16 October 1978, by section 6 of the Misuse of Drugs Amendment Act 1978 (1978 No 65).

Section 12(1): amended, on 16 October 1978, by section 6 of the Misuse of Drugs Amendment Act 1978 (1978 No 65).

Section 12(1A): inserted, on 7 December 2021, by section 8 of the Drug and Substance Checking Legislation Act 2021 (2021 No 50).

Section 12(1A): repealed, on 7 December 2021, by section 14 of the Drug and Substance Checking Legislation Act 2020 (2020 No 63).

Section 12(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 12(3): repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).