Psychoactive Substances Act 2013

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Section 70(2A): inserted, on 7 December 2021 (immediately after being repealed by section 22 of the Drug and Substance Checking Legislation Act 2020 (2020 No 63)), by section 16 of the Drug and Substance Checking Legislation Act 2021 (2021 No 50).