Drug definitions

Question 1

Exports

Answer 1

Exports - s93(1) Customs and Excise Act 2018

For the purposes of this Act, the time at which goods are treated as exported is the time when the exporting craft departs from the last Customs place at which the craft calls before proceeding to a point outside New Zealand.

Question 2

Controlled drug

Answer 2

Controlled drug - s2 Misuse of Drugs Act 1975

controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any temporary class drug and any controlled drug analogue.

Question 3

Class A/B/C controlled drugs

Answer 3

Class A/B/C - s2 Misuse of Drugs Act 1975

Class A controlled drug means the controlled drugs specified or described in Schedule 1

Some of the more well-known Class A controlled drugs include:

• Cocaine
• Heroin
• Lysergide (LSD)
• Methamphetamine
• Psilocybine

Class B controlled drug means the controlled drugs specified or described in Schedule 2

Class B controlled drugs are those that pose a high risk of harm and include:

• Amphetamine
• Cannabis preparations (such as cannabis oil and hashish)
• GHB (Fantasy)
• MDMA (Ectasy)
• Morphine
• Opium
• Pseudoephedrine
• Ephedrine

Class C controlled drug means the controlled drugs specified or described in Schedule 3; and includes any temporary class drug and any controlled drug analogue

Class C controlled drugs pose a moderate risk of harm and include:

• Cannabis plant
• Cannabis seeds
• Benzylpiperazine (BZP)
• Controlled drug analogues

Question 4

Useable quantity

Answer 4

In any drug offence the quantity of drug involved must be measurable and useable.

Question 5

Imports

Answer 5

Customs and Excise Act 2018
s5 Definitions

Importation -

(a)
in relation to goods, means the arrival of the goods in New Zealand in any manner, whether lawful or unlawful, from a point outside New Zealand.

Question 6

New Zealand

Answer 6

Customs and Excise Act 2018
s5 Definitions

New Zealand -

means the land and waters enclosed by the outer limits of the territorial sea of New Zealand.

The outer limit of the territorial sea is 12 nautical miles from the land mass of New Zealand.

Question 7

Controlled drug analogue

Answer 7

Controlled drug analogue
s2 MODA 1975

Controlled drug analogue means any substance, such as the substances specified or described in Part 7 of Schedule 3 to this Act, that has a structure substantially similar to that of any controlled drug; but does not include-

(a) Any substance specified or described in Schedule 1 or Schedule 2 or Parts 1 to 6 of Schedule 3 to this Act; or
(b) Any pharmacy-only medicine or prescription medicine or restricted medicine within the meaning of the Medicines Act 1981; or
(c) an approved product within the meaning of the Psychoactive Substances Act 2013.
(d) a non-psychoactive THC analogue

Question 8

Mistake as to nature of controlled drug

Answer 8

While guilty knowledge is an essential element, section 29 provides that it is not a defence that the defendant did not know the substance in question was the particular controlled drug alleged.

For example, it would not be a defence to a charge of supplying heroin if the defendant believed the drug he had supplied was in fact cocaine.

Question 9

Useable quantity

Answer 9

In any drug offence the quantity of drug involved must be measurable and useable.

Question 10

Proving useable quantity

Answer 10

While it is necessary that the amount of the controlled drug is of a useable quantity, under section 29A it is not necessary for the prosecution to prove that fact unless the defendant puts the matter in issue.

Question 11

Producing and manufacturing

Answer 11

The terms “producing” and “manufacturing” both relate to the process of creating controlled drugs. These terms have also been described as being similar.

Question 12

Producing

Answer 12

To “produce” means to bring something into being, or to bring something into existence from its raw materials or elements.

The term is further defined in legislation as including “compound”.

Question 13

Produce s2 MODA 75

Answer 13

Produce includes compound; and production has a corresponding meaning.

Question 14

Compound

Answer 14

To “compound” means to create a whole by mixing or combining two or more elements or parts.

Question 15

Manufacturing

Answer 15

Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance.

Question 16

Supply

Answer 16

To “supply” means “to furnish or provide something that is needed or desired”.

Supply
Section 2 MODA 1975

Supply includes distribute, give, and sell

However supply involves more than just handing drugs over; it includes conferring on the recipient the ability to use the drugs for his or her own purposes.

Question 17

Distributing

Answer 17

The term “distribution” relates to the supply of drugs to multiple people.

Question 18

Administers (Black Law Dictionary)

Answer 18

Administers means to cause and direct a drug to be taken into the system of another person.

Question 19

Offers (Oxford Dictionary)

Answer 19

Express readiness to do something for or on behalf of someone.