Legislation Flashcards
Importing legislation
MODA75 s6(1)(a)
Dealing with controlled drugs
Except as provided by section 8 of this Act
or pursuant to a licence under this Act
or otherwise permitted by regulations made under this Act
No person shall
Import into
or Export from New Zealand
any controlled drug
other than a controlled drug specified in Part 6 of Schedule 3 to this Act
Producing or Manurfacturing
MODA75 s6(1)(b)
Except as provided by Section 8 under this Act or
Pursuant to any licence under this Act or
As otherwise permitted by any regulation under this Act
No person shall
Produce or manufacture
Any controlled drug
Dealing in any Class A or B controlled drugs
MODA75 s6(1)(c)
Except as provided by section 8 of this Act or
Pursuant to any licence undier this Act or
As otherwise permitted by regulations made under this Act
No person shall
Supply or administer
or Offer to supply or administer
Any Class A controlled drug
or Any Class B controlled drug
To any other person
or Otherwise deal in any such controlled drug
Supplying under 18
MODA75 s(1)(d)
Except as provided in section 8 of this Act or
Pursuant to any licence under this Act or
As otherwise permitted by regulations made under this Act
No person shall
Supply or administer
or Offer to supply or adminsiter
Any Class C controled drug
to a person under 18 years of age
Selling Class C to person over 18
MODA75 s(1)(e)
Except as provided in section 8 of this Act or
Pursuant to any licence under this Act or
As permitted by regulations made under this Act
No person shall
Sell,
or offer to sell
any Class C controlled drug
to a person of or over 18 years of age
Possession of a controlled drug
MODA75 s(6)(f)
Except as provided in section 8 of this Act
or pursuant under any licence under this Act
or as otherwise permitted by regulations made under this Act
No person shall
Have any controlled drug in his possession
for any of the purposes set out in paragraphs (c), (d), or (e) of this subsection
What are the penalties for contravening section
(1)
(a) Life imprisonment where Class A was involved
(b) 14 years for Class B was involved
(c) 8 years in any other case.
What section is this from:
…it shall not be necessary for the prosecution to prove that the amount of the controlled drug in the defendant’s possession was of a usable quantity, unless the defendant puts the matter in issue.
…adjourn the hearing for such period as he considers sufficient to enable the prosecutor to arrange for the attendance in court of a witness…
MODA75
Section 29A
Issue of usable quantity
Which section is this from?
…the defendant shall not be acquitted of the offence charged by reason only of the fact that he did not know or may not have known that the substance, preparation, mixture, or article in question was the particular controlled drug or precursor substance alleged….
MODA75
Section 29
Mistake as to nature of controlled drug or precursor substance
Which section is this from?
…
(a) it shall be for the prosecution to prove that the preparation to which the charge relates contains any tetrahydrocannabinols:
(b) subject to paragraph (a), the preparation shall be deemed to have been produced by subjecting cannabis plant material to some kind of processing unless it is in a form that is clearly recognisable as plant material:
…
MODA75
Section 29B
Special provisions where offence relating to cannabis preparations alleged
Where are drug analogues discussed in MODA75?
Part 7 of Schedule 3
What does Part 7 of Schedule 3 deal with?
Drug analogues
What part of MODA75 deals with Amounts for Supply?
Schedule 5
What section deals with Statutory Presumption and what does it say?
Section 6(6)
For the purposes of subsection (1)(f), a person is presumed until the contrary is proved to be in possession of a controlled drug for any of the purposes in subsection (1)(c), (d), or (e) if he or she is in possession of the controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply
When conspiring to deal with controlled drugs, what section applies and what does it say?
MODA75 6(2A)
Dealing with controlled drugs
(2A) 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 to imprisionment for a term -
(a) Not exceeding 14 years where a Class A controlled drug was the controlled drug
(b) Not exceeding 10 years where a Class B controlled drug was the controoled drug
(c) Not exceeding 7 years in any other case.
Equipment / Precursors etc for Drug Dealing Offenses.
What Section deals with this and what to the subsection specify?
MODA75 s12A
Equipment, material, and substances used in production or cultivation of controlled drugs
(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 his or her possession—
(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—
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)
Penalty 7years and 5years respectively
Section 29
Section 29A
Section 29B
Section 29C
(MISS)
29 Mistake as to nature of controlled drug or precursor substance
29A Issue of usable quantity
29B Special provisions where offence relating to cannabis preparations alleged
29C Special provisions where offence relating to controlled drug analogues alleged
Section 29
MODA75 Section 29
Mistake as to nature of controlled drug or precursor substance
it is necessary for the prosecution to prove
the PAMS is the controlled drug or precursor substances alleged
for there to be no deffense that the defendant did not know the PAMS was the particular controlled drug or precursor substance alleged.
[PAMS: Preparation Article Mixture Substance]
Section 29A
MODA75 Section 29
A Issue of usable quantity
(1) it is not necessary for the prosecution to prove usable quantity, unless the defendant puts the matter in issue.
(2) if the matter is put in issues, then the Judge will adjourn for the prossecutor to arrange a wittness to adduce evidence of usable quantity.
Section 29B
MODA75 Section 29B
Special provisions where offence relating to cannabis preparations alleged
Regarding section 6 or section 7 in relation to any cannabis preparation the following provisions shall apply:
(a) the prosecution must prove the preparation contains tetrahydrocannabinols:
(b) substance is deemed a preparation unless it is clearly recognisable as plant material:
(c) plant material means the whole or any part of the leaf, flower, or stalk of any plant (of whatever species):
(d) Whether clearly recognisable as plant material will be determined by the Jury or Judge
Section 29C
MODA75 29C
Special provisions where offence relating to controlled drug analogues alleged
It shall be a defence to a charge relating to the possession of any controlled drug analogue in contravention of any of the provisions of this Act if the defendant proves that he or she had the substance—
(a) for some purpose other than—
(i) consuming, smoking, snorting, or injecting by any person, or using in any other manner intended to have a pharmacological effect on the user; and
(ii) supplying or administering it to any other person; or
(b) for the purpose of supplying it or administering it to any other person in accordance with any procedure approved by the Director-General of Health.
Section 6(5)
6(5) applies to 6(1)(e)
Supplying a controlled drug will be deemed as selling.
Section 6(6)
6(6) applies to 6(1)(f)
Possession for supply will be presummed if at or above the statutory ammount.
Section 7
7 Possession and use of controlled drugs
(1) Except as provided in section 8 or 35DD, or pursuant to a licence under this Act, or as otherwise permitted by regulations made under this Act, no person shall—
(a) procure or have in his possession, or consume, smoke, or otherwise use, any controlled drug; or
(b) supply or administer, or offer to supply or administer, any Class C controlled drug to any other person, or otherwise deal in any such controlled drug.
Where are the presumtive ammounts found?
Schedule 5
Section 9(1)
Section 9(2)
Section 9(1) Cultivation of Prohibited Plants
Except pursuant to a license under this Act,
or otherwise permittned by regulations made under this Act
No person shall
cultivate any prohibited plant
Section 9(2)
Penalty 7 years imprisonment
Search and Serveillance Act 2012 Section 48(1)
An enforcement officer who is in any 1 or more of the situations set out in subsection (2) may use a surveillance device for a period not exceeding 48 hours from the time the surveillance device is first used without obtaining a surveillance device warrant, if—
(a)
he or she is entitled to apply for a surveillance device warrant in relation to those situations; but
(b)
obtaining a surveillance device warrant within the time in which it is proposed to undertake the surveillance is impracticable in the circumstances.
Search and Surveillance Act 2012
Briefly, what do each of these sections relate to:
s46
s47
s48
46 Activities for which surveillance device warrant required
47 Some activities that do not require warrant under this subpart
48 Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency
Search and Surveillance Act 2012
s48(e)
The situations are as follows:
(e) the enforcement officer has reasonable grounds—
(i) to suspect that an offence has been committed, or is being committed, or is about to be committed in relation to
a controlled drug specified or described in
Schedule 1, Part 1 of Schedule 2, or Part 1 of Schedule 3 of the Misuse of Drugs Act 1975,
or to a precursor substance specified or described in Part 3 of Schedule 4 of that Act; and
(ii) to believe that use of the surveillance device would obtain evidential material in relation to the offence:
What does section 6 (2A) say:
(2A)
Every person who conspires with any other person to commit an offence against subsection (1) commits an offence against this Act and is liable on conviction 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) 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.
