Drug Definitons

Question 1

Imports is;

Answer 1

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

Question 2

New Zealand means;
s5 Customs and Excise Act 2018

Answer 2

The land and the waters enclosed by the outer limits of the territorial sea of NZ (12 nautical miles from the land mass of NZ)

Question 3

Any controlled drug means;
s2 MODA 1975

Answer 3

Any substance, preparation, mixture, or article specified or described in schedule 1, 2 or 3 to this Act, and includes any controlled drug in this analogue.

Question 4

Controlled drug analogue means;
s2 MODA 1975

Answer 4

Any substance, such as the substances specified that has a structure substantially similar to that of any controlled drug. It is a substance that has a similar dangerous effect but is not specifically listed in the schedules to the Act.

but does not include
(a) any substance specified in schedule 1, 2 or parts 1 to 6 of schedule 3 of this act
(b) any pharmacy-only medicine or prescription medicine or restricted medicine
(c) an approved product within the meaning of the psychoactive substances act 2013

ALL controlled drug analogues are classified as class C controlled drugs irrespective of the class of drug they resemble.

Question 5

Class A controlled Drug means:
s2 MODA 1975

Answer 5

The controlled drugs 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 of harm to individual and society. Can include:
- cocaine
- heroin
- LSD
- Meth
- Psilocybine (magic mushroom)

Question 6

Class B controlled Drug means:
s2 MODA 1975

Answer 6

The controlled drugs specified or described in schedule 2 to this Act

Class B controlled drugs are those that pose a HIGH RISK of harm and include:
- amphetamine
- Cannabis preparations eg oil and hashish
- MDMA
- Morphine
- Opium
- Pseudopherdrine
- Ephedrine
- Ecstasy

Question 7

Class C controlled Drug means:
s2 MODA 1975

Answer 7

The controlled drugs specified or described in schedule 3 to this act and includes any controlled drug analogue.

They pose A MODERATE RISK of harm and include:
- cannabis plant
- cannabis seed
- BZP
- controlled drug analogues

Question 8

Producing a drug means:

Answer 8

To bring something into being or to bring something into existence from its raw materials or elements

Further defined as including “compound” Produce includes compound and production has a corresponding meaning.

Question 9

To compound means:

Answer 9

To create a whole by mixing or combining two or more elements or parts

Question 10

Manufacturing a drug is:

Answer 10

The process of synthesis, combining new components or processing raw materials to create a new substance.

eg manufacturing meth from pseudoepherine or heroine from morphine

Question 11

Controlled drug analogue is:

Answer 11

s2 MODA 1975: any substances that has a structure similar to that of any controlled drug but does not include:
(a) any substance specified in schedule 1, 2, 3
(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

Question 12

Supply includes:

Answer 12

distribute, give and sell

(furnish or provide something that is needed or desired) includes more then just handing it over, but conferring on the recipient the ability to use the drugs for his or her own purposes.

Question 13

Distribution:

Answer 13

relates to the supply of drugs to multiple people.
It is complete when the defedant has done all that is necessary to accomplish delivery of the drug to others, eg sizing drugs into smaller bags

Question 14

Giving:

Answer 14

Involves handing over or in some other way transferring an item to another person

Complete when recipient accepts possession, or drug is placed under control of willing recipient.

Question 15

Selling:

Answer 15

A sale occurs when a quantity or share in a drug is exchanged for some valuable consideration (usually money but anything of value will suffice, eg realestate)

Question 16

Administering is:

Answer 16

“direct and cause a drug to be taken into the system of another person” BLD

involves introducing a drug directly into another persons system eg injecting, heating for another person to smoke, slipping into drink

Question 17

To any other person:

Answer 17

gender neutral, person supplied is a person. Although not necessary to identify that person.

Question 18

To control something:

Answer 18

Means to exercise authoritative or dominating influence or command over it.

Question 19

Potential possession of drugs:

Answer 19

s2 MODA 1975
- the things which a person has in his possession include anything subject to his control which is in the custody of another

Question 20

Joint possession:

Answer 20

Where more than one person has access to drugs of saleable quantity, they may be charged jointly with possession. Must prove that there was a shared intention to sell drugs.

Question 21

Private communication

Answer 21

a communication (oral, written or telecommunication) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication BUT
does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the expressed or implied consent of any party to do so

Question 22

Interception device is:

Answer 22

• any electronic, mechanical, electromagnetic, optical or electrooptical instrument, apparatus, equipment or other device that is used or is capable of being used to intercept or record a private commutation; but
• does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

Question 23

Visual surveillance device:

Answer 23

• any electronic, mechanical, electromagnetic or electro optical instrument, apparatus, equipment or other device which is used to observe or to observe and record a private activity BUT
• does not include spectacles, contact lenses, or similar device used to correct subnormal vision of the user to no Better than normal Vision

Question 24

SV device includes:

Answer 24

• interception device (hear and record)
• tracking device (location of thin or person, ascertaining if a thing has been tampered with or handled)
• visual surveillance device (observe and record)

Question 25

Tracking device helps to ascertain:

Answer 25

• the location of a thing or a person
• whether a thing has been opened, tampered with, or in some other way dealt with but
• does not include a vehicle or other means of transport