Legislation

Question 1

Importing legislation

Answer 1

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

Question 2

Producing or Manurfacturing

Answer 2

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

Question 3

Dealing in any Class A or B controlled drugs

Answer 3

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

Question 4

Supplying under 18

Answer 4

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

Question 5

Selling Class C to person over 18

Answer 5

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

Question 6

Possession of a controlled drug

Answer 6

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

Question 7

What are the penalties for contravening section

(1)

Answer 7

(a) Life imprisonment where Class A was involved
(b) 14 years for Class B was involved
(c) 8 years in any other case.

Question 8

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…

Answer 8

MODA75

Section 29A

Issue of usable quantity

Question 9

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….

Answer 9

MODA75

Section 29

Mistake as to nature of controlled drug or precursor substance

Question 10

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:

…

Answer 10

MODA75

Section 29B

Special provisions where offence relating to cannabis preparations alleged

Question 11

Where are drug analogues discussed in MODA75?

Answer 11

Part 7 of Schedule 3

Question 12

What does Part 7 of Schedule 3 deal with?

Answer 12

Drug analogues

Question 13

What part of MODA75 deals with Amounts for Supply?

Answer 13

Schedule 5

Question 14

What section deals with Statutory Presumption and what does it say?

Answer 14

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

Question 15

When conspiring to deal with controlled drugs, what section applies and what does it say?

Answer 15

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.

Question 16

Equipment / Precursors etc for Drug Dealing Offenses.
What Section deals with this and what to the subsection specify?

Answer 16

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

Question 17

Section 29

Section 29A

Section 29B

Section 29C

(MISS)

Answer 17

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

Question 18

Section 29

Answer 18

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]

Question 19

Section 29A

Answer 19

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.

Question 20

Section 29B

Answer 20

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

Question 21

Section 29C

Answer 21

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.

Question 22

Section 6(5)

Answer 22

6(5) applies to 6(1)(e)

Supplying a controlled drug will be deemed as selling.

Question 23

Section 6(6)

Answer 23

6(6) applies to 6(1)(f)

Possession for supply will be presummed if at or above the statutory ammount.

Question 24

Section 7

Answer 24

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.

Question 25

Where are the presumtive ammounts found?

Answer 25

Schedule 5

Question 26

Section 9(1)

Section 9(2)

Answer 26

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

Question 27

Search and Serveillance Act 2012 Section 48(1)

Answer 27

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.

Question 28

Search and Surveillance Act 2012

Briefly, what do each of these sections relate to:

s46

s47

s48

Answer 28

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

Question 29

Search and Surveillance Act 2012

s48(e)

Answer 29

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:

Question 30

What does section 6 (2A) say:

Answer 30

(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.