1 and 2. Dealing and Misc Offences

Question 1

Section 29B- Cannabis Preparation

Answer 1

Cannabis preparation is produced by subjecting cannabis plant to some kind of processing that renders it unrecognisable as plant material – for example, producing cannabis oil or baking a cannabis cake.

Question 2

Section 9 MODA

Answer 2

It is an offence against s9 of the Misuse of Drugs Act 1975 to cultivate a prohibited plant.

Question 3

Precursor

Answer 3

refers to a substance that is the starting point in a chemical process that will result in the creation of a new drug.
As per Section 2 interpretation- substance specified in part 1, 2, 3 of schedule 4.

Question 4

Other Misc Offences

Answer 4

There is a specific offence of obstruction under s16 of the Misuse of Drugs Act 1975.

Offences relating to prescription medicines are contained in the Medicines Act 1981.

Offences relating to needles and syringes are contained in the Health (Needles and Syringes) Regulations 1998.

Question 5

Charges 12A(2)

Answer 5

relate to those in possession of such items.

Question 6

Charges 12A(1)

Answer 6

are for often against businesses who knowingly supply, produce or manufacture equipment or material.

Question 7

Presumptive Amounts:

Answer 7

• Heroin 0.5 grams
• Cocaine 0.5 grams
• Lysergide (LSD) 2.5 milligrams or 25 flakes, tablets etc
• Methamphetamine 5 grams
• MDMA (Ecstasy) 5 grams or 100 flakes, tablets etc
• Cannabis resin 5 grams
• Cannabis extract (oil) 5 grams
• Cannabis plant 28 grams or 100 or more cigarettes
• Where a controlled drug is not specified in Schedule 5 the presumptive amount for that drug is 56 grams

Question 8

For charges against 12A (2) the crown must prove three elements:

Answer 8

• Defendant has equipment, material or precursors in his possession 

• Items are capable of being used in the production or 
manufacture of controlled drugs, or the cultivation of prohibited plants 

• Defendant has the intention that those items are to be used for such 
an offence, either by himself or another person.



Question 9

Equipment
and
Material

Answer 9

has no statuary definition, eg- glassware, heating mantles, pots, lights etc…

has no statury definition, eg- chemicals

Question 10

Section 12A Equipment Material and Precursors

Answer 10

Section 12A creates offences of supplying, producing or manufacturing equipment , material or precursors, or possessing such items for the purpose of manufacturing controlled drugs, or cultivating prohibited plants.

Question 11

For charges against 12A (1) the crown must prove three elements:

Answer 11

• Defendant has supplied, produced or manufactured equipment, material or precursors
• Items are capable of being used in the production or manufacture of controlled drugs or cultivation or prohibited plants
• Defendant knows those items are to be used for such an offence by another person- cannot be mere suspicion.

Question 12

Section 12 MODA

Answer 12

The offence of allowing premises or vehicles to be used in the commission of offences against the Misuse of Drugs Act 1975 are contained under section 12(1) of the Act.

Question 13

Conspiracy

Answer 13

An agreement between one or more people to commit an offence against section 6(1) MODA.

It will be necessary to prove that some of the unlawful act/agreement was complete in NZ.