Definitions

Question 1

Controlled drug

Answer 1

Sec 2, MODA 1975:
Any substance, preparation, mixture,or article specififed under schedules 1, 2 and 3 of the MODA 1975 and includes any controlled drug analogue

Question 2

Controlled drug analogue

Answer 2

Sec 2, MODA 1975:
any substance that has a structure substantially similar to that of any controlled drug but does not include,
a) any substance specified or described in schedules 1,2 or 3 of MODA 1975

b) Any pharmacy only medicine or prescription medicine within the medicines act
c) An approved product within psychoactive substances act 2013

Question 3

Imports

Answer 3

S2, Customs and excise act 1996:

in relation to any goods, means the arrival of the goods into new zealand in any manner, whether lawfully or unlawfully, from a point outside NZ

Question 4

when is exporting complete?

Answer 4

S53, customs and excise act 1996:

when the the exporting craft leaves the customs place at which that craft calls immediately before proceeding to a point outside NZ

Question 5

New Zealand

Answer 5

S2, Customs and excise act 1996:

The land and waters enclosed by the outer limits of the territorial sea of New Zealand - 12 nautical miles from the land mass of NZ

Question 6

Class A: definition and list

Answer 6

S2, MODA 1975

drugs specified or listed under schedule 1 of MODA 1975

• Cocaine
• Heroin
• Meth
• LSD
• Psilocybine (magic mushrooms)

Question 7

Class b: definition and list

Answer 7

S2, MODA 1975

Drugs specififed or listed under schedule 2 MODA 1975

• Amphetamine
• GHB
• Cannabis oil / hash
• MDMA
• Morphine
• Opium
• Pseudoephedrine

Question 8

Class C: definition and list

Answer 8

S2 MODA 75

Drugs specified or listed under schedule 3 MODA 75, and includes any controlled drug analogue

• Cannabis
• cannabis seeds
• BZP
• analogues

Question 9

Usable quantity

Answer 9

Usable quantity depends on more than size or weight - the nature of the drug and condition it is found in are relevant, as is the question of whether it can supplement any other small samples found to create a large quantity as a whole.

Question 10

Produce

Answer 10

S2, MODA 1975: Produce includes compound and production has a corresponding meaning.

Compound means to create a whole by mixing or combing two or more elements or parts.= produce changes the nature of the original substance.

Question 11

Manufacture

Answer 11

Process of snythesis - combining components or processing raw materials to create a NEW substance

ie: making meth from pseudo, or heroin from morphine.

Question 12

Supply

Answer 12

S2, MODA 75

Includes distribute, give and sell

R V MAGGINIS / R V KNOX (pg18) /

Selling = when a quantitiy or share of drug is exchanged for some valuable consideration (eg swap drugs for real estate)

Question 13

Administering

Answer 13

INvloves introducing a drug directly into another persons system:

eg: injecting / heating cannabis between two knives while another person inhales / slipping drug into drink

“direct and cause a drug to be taken into the system of another person” - BLACKS LAW DICTIONARY

Question 14

Otherwise deals

Answer 14

dealing in drugs other than distributing, giving, sellling or administering or offering to do above -

eg: To barter or exchange (R V HOOPER)

Question 15

Person

Answer 15

proven by judicial notice or circumstantially

Question 16

what does Statutory presumption mean?, S6(6)

Answer 16

For purposes of 6(1)(f) a person is presumed until contrary is proved to be in possession of a controlled drug for any of the purposes in 6(1)(c) - (e) if they are in possession of the drug in an amount at or over which the drug is presumed to be for supply -

Question 17

Presumptive amounts:

Answer 17

Schedule 5 MODA 75:

Heroin = 0.5 grams
cocaine = 0.5 grams
LSD = 25 tabs or 2.5 milligrams
Meth = 5 grams
MDMA = 5 grams or 100 tablets
Cannabis resin / extract = 5 grams
Cannabis =  28 Grams

Drugs not listed under schedule 5 = 56grams

Question 18

definition of Class A drugs

Answer 18

Means any controlled drug specified or described in Schedule 1 to this Act. Class A controlled drugs are classified as such as their misuse poses a very high risk or harm to individuals and society. – Cocaine, Heroine, LSD, Methamphetamine, Psilocybin.

Question 19

What does giving mean and when is giving complete?

Answer 19

Giving involves handing over or in some way transferring an item to another person.

Giving is complete when the recipient accepts possession or where the drug is placed under thier control,

Question 20

What constitutes a sale?

Answer 20

Selling occurs when a quantity or share of the drug is exchanged for some valuable consideration.

eg drugs swapped fro real estate.

Question 21

Valuable consideration - definition and examples

Answer 21

anything capable of being valuable consideration. whether of a monetary kind or of any other kind. IN short money or money’s worth.

For example:

• monetary payment in exchange for goods or services.
• goods given in return for services provided
• issuing a false invoice to receive payment for goods never supplied.