Drugs Legislation

Question 1

Section 6(1)(a) MODA 1975

Answer 1

Imports into OR
Exports from NZ
Any controlled drug

Question 2

Section 6(1)(b) MODA 1975

Answer 2

Produce OR Manufacture
Any controlled drug

Question 3

Section 6(1)(c) MODA 1975

Answer 3

Supply OR Administer OR
Offer to supply OR administer OR
Otherwise deal in
Any Class A or B controlled drug
To any person

Question 4

Section 6(1)(d) MODA 1975

Answer 4

Supply OR Administer OR
Offer to supply OR Administer OR
Otherwise deal in
Any Class C Controlled drug
To anyone under 18

Question 5

Section 6(1)(e) MODA 1975

Answer 5

Sell OR offer to sell
Any Class C Controlled drug
To anyone over 18

Question 6

Section 6(1)(f) MODA 1975

Answer 6

Has in his/her possession
Any controlled drug
For the purposes of supply

Question 7

Section 12A(1) Misuse of Drugs Act

Answer 7

Supplies, produces or manufactures.

• Any person who
• Supplies OR produces OR manufactures
• 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 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.

Question 8

Section 12A(2) MODA 1975

Answer 8

Has in his/her possession

• Every person
• Who has in his / her possession
• 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 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.

Question 9

Section 9 Misuse of Drugs Act 1975

Answer 9

Cultivation of Prohibited Plants

• Except pursuant to a license under this act
• No person shall cultivate any prohibited plants

Question 10

Section 12 Misuse of Drugs Act 1975

Answer 10

Use of premises or vehicle

Every person commits an offence against this act who knowingly permits any premises or (vessel, aircraft, hovercraft, motorvehicle, or other mode of conveyance) to be used for the purpose of the commission of an offence against this act.

10 years - Class A
7 years - Class B
3 years - Any other case

Question 11

Section 16 Misuse of Drugs Act 1975

Answer 11

Obstruction of officers

Every person commits an offence against this act who wilfully obstructs, hinders, resists or deceives any other person in the execution of any powers conferred on that other person

Relates specifically to obstructing anyone who is executing powers pursuant to the Misuse of Drugs Act 1975.

Question 12

Section 6(2A) Misuse of Drugs Act 1975

Answer 12

Every person who conspires with any other person to commit an offence against 6(1) of this act commits an offence against this Act and is liable on conviction to imprisonment -
- Not exceeding 14 years for a class A controlled drug
- Not exceeding 10 years for a Class B Controlled drug
- Not exceeding 7 years in any other case

Question 13

Section 2 Misuse of Drugs Act 1975 - Controlled drug

Answer 13

A controlled drug is a substance, preparation, mixture or article as specified in schedules 1, 2 or 3 of this act and includes any controlled drug analogue.

Question 14

Section 29 Misuse of Drugs Act 1975

Answer 14

It is NOT a defence that the defendant did not know the substance in question was a PARTICULAR controlled drug. It is enough to establish that they knew it was a controlled drug.

Question 15

Usable quantity under S29A Misuse of Drugs Act 1975

Answer 15

It is not necessary to prove Usable Quantity unless the defence brings it to issue

Question 16

Section 29B Misuse of Drugs Act 1975

Answer 16

Specifically deals with producing cannabis preparations.

• It provides that cannabis preparation is produced by subjecting the cannabis plant material to some kind of processing that renders it unrecognisable as a cannabis plant - EG cannabis oil or cannabis cake/brownie.

Question 17

Section 6(5) in relation to selling

Answer 17

Section 6(5) creates the presumption that in the absence of evidence to the contrary, a drug supplied to a person over 18 has been sold to that person.

The defendant must prove, on the balance of probabilities, that there was no sale.

Question 18

Section 12A Misuse of drugs Act 1975

Answer 18

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

Charges against 12A(1) are often filed against businesses who knowingly supply equipment for cultivating cannabis or against pseudo-shoppers- who acquire quantities of pseudoephedrine and supply them to meth cooks.

Question 19

Section 12 Misuse of Drugs Amendment Act 1978

Answer 19

Allowing delivery of unlawfully imported drugs (or precursor substances) for the purposes of detection etc.