Drug Offences

Question 1

Section 6 Misuse of Drugs Act 1975 Dealing with controlled drugs?

Answer 1

Section6 Misuse of Drugs Act 1975

(1) Except as provided in section 8 of this Act, or
pursuant to a licence under this Act, or as
otherwise permitted by regulations made under
this Act, no person shall-

(a) Import into or export from New Zealand any
controlled drug, other than a controlled drug
specified or described in Part 6 of schedule 3
of this Act, or

(b) Produce or manufacture any controlled drug, or

(c) Supply or administer, or offer to supply or
administer, any Class A controlled drug or Class
B controlled drug to any other person, or
otherwise deal in any such controlled drug, or

(d) Supply or administer, or offer to supply or
administer, any Class C controlled drug to a
person under 18 years, or

(e) Sell, or offer to sell, any Class C controlled drug
to a person of or over 18 years of age, or

(f) Have any controlled drug in his possession for
any of the purposes set out in paragraphs (c),
(d) or (e) of this subsection.

(2) Every person who contravenes subsection (1)
of this section commits an offence against this
Act and is liable on conviction on indictment to-

(a) Imprisonment for life where a Class A controlled
drug was the controlled drug or one of the
controlled drugs in relation to which the offence
was committed.

(b) Imprisonment for a term not exceeding 14 years
where paragraph (a) of this subsection does
not apply but a Class B controlled drug was the
controlled drug or one of the controlled drugs in
relation to which the offence was committed.

(c) Imprisonment not exceeding 8 years in any
other case.

Question 2

Section 6(2A) Misuse of drugs act 1975, conspiring to deal with controlled drugs?

Answer 2

Every person who conspires with any other person to commit an offence against subsection (1) of this section commits an offence against this Act and is liable on conviction on indictment to imprisonment for a term -

(a) not exceeding 14 years where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed
(b) not exceeding 10 years where paragraph (a) of this subsection does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed.
(c) not exceeding 7 years in any other case.

Question 3

Section 12A Misuse of Drugs Act 1975, Equipment, material, and substances used in production or cultivation of controlled drugs?

Answer 3

(1) every person commits an offence against
this Act who supplies, produces or
manufactures-

(a) any equipment or material that is capable of
being used in, or for, the commission of an
offence against section (6)(1)(b) or section 9, or

(b) any precursor substance

Knowing that the equipment, material or substance is to be used in, or for, the commission of an offence against those provisions.

(2) every person commits an offence against this
Act who has in is or her possession,-

(a) any material or equipment that is capable of
being used in, or for, the commission of an
offence against section 6(1)(b) or section 9, or

(b) any precursor substance-

With the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision.

(3) every person who commits an offence against
this section is liable on conviction on
indictment,-

(a) in the case of n offence against subsection (1),
to imprisonment for a term not exceeding 7
years,

(b) in the case of an offence against subsection
(2), to imprisonment for a term not exceeding 5
years.