Psychoactive Substances Act 2013

71 Offence relating to personal possession of psychoactive substance that is not approved product

(1)

A person commits an offence if the person has a psychoactive substance that is not an approved product in his or her possession.

(2)

Subsection (1) does not apply to a person who holds a licence in respect of the psychoactive substance.

(2A)

Subsection (1) also does not apply to a drug and substance checking service provider if the service provider has possession of the psychoactive substance in the course of performing the service provider’s functions.

(2B)

Subsection (2A) is subject to the conditions of the service provider’s licence.

(3)

A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $500.

Section 71(2A): inserted, on 7 December 2021 (immediately after being repealed by section 23 of the Drug and Substance Checking Legislation Act 2020 (2020 No 63)), by section 17 of the Drug and Substance Checking Legislation Act 2021 (2021 No 50).

Section 71(2B): inserted, on 7 December 2021 (immediately after being repealed by section 23 of the Drug and Substance Checking Legislation Act 2020 (2020 No 63)), by section 17 of the Drug and Substance Checking Legislation Act 2021 (2021 No 50).