Subpart 2—Offences relating to psychoactive substances that are not approved products

70 Offences relating to psychoactive substance that is not approved product

(1)

A person commits an offence if the person, without reasonable excuse,—

(a)

sells or supplies a psychoactive substance that is not an approved product to any person; or

(b)

offers to sell or supply a psychoactive substance that is not an approved product to any person; or

(c)

possesses a psychoactive substance that is not an approved product with the intent to sell or supply the psychoactive substance to any person.

(2)

Subsection (1) does not apply to a person who holds a licence to sell psychoactive substances that are not approved products that applies to the psychoactive substance.

(2A)

Subsection (1) also does not apply to—

(a)

a person who gives a psychoactive substance that is not an approved product to a drug and substance checking service provider for the purpose of checking or for disposal:

(b)

a drug and substance checking service provider who returns a psychoactive substance that is not an approved product to the person who submitted it for checking:

(c)

a drug and substance checking service provider who supplies a psychoactive substance that is not an approved product to an approved laboratory for testing.

(3)

A person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a term of imprisonment not exceeding 2 years:

(b)

in the case of a body corporate, to a fine not exceeding $500,000.

Section 70(2A): inserted, on 8 December 2020, by section 19 of the Drug and Substance Checking Legislation Act 2020 (2020 No 63).