Drugs Offences

Question 1

Import/Export Controlled Drug

Answer 1

Section 6(1)(a), MODA 1975
Life

• Imports into or Exports from New Zealand
• Any Controlled Drug

Question 2

Produce or Manufacture any Controlled Drug

Answer 2

Section 6(1)(b), MODA 1975
Life / 14 yrs / 8 yrs

• Produce or Manufacture
• Any Controlled Drug

Question 3

Supply/Administer/Offer to supply or Administer Class A or B Controlled Drug

Answer 3

Section 6(1)(c), MODA 1975
Life / 14 yrs

• Supplies or Administers OR Offers to Supply OR Offers to administer OR Otherwise deals in
• Class A or B Controlled Drug
• To any Person

Question 4

Supply/Administer/Offer Class C controlled drug to persons Under 18 years of age

Answer 4

Section 6(1)(d), MODA 1975
8 years

• Supplies or Administers OR Offers to Supply OR Offers to administer OR Otherwise deals in
• Class C controlled drug
• To any person under the age of 18 years old

Question 5

Sells or offers to sell Class C controlled drug to persons of or over 18 years of age

Answer 5

Section 6(1)(e), MODA 1975
8 years

• Sells OR offers to sell
• Class C controlled drug
• To any person of or over the age of 18 years old

Question 6

Possession a Controlled Drug for Supply/Administer/Sell/Offer

Answer 6

Section 6(1)(f), MODA 1975
Life / 14 yrs / 8 yrs

• Has in his possession
• Any controlled drug
• For any of the purposes set out in paras (c), (d) or (e)

Question 7

Conspiring to deal with controlled drugs

Answer 7

Section 6(2A), MODA 1975
14 yrs / 10 yrs / 7 yrs

• Everyone who conspires
• with any other person
• to commit an offence against subsection (1) of this section

Question 8

Equipment, material, and substances used in production or cultivation of controlled drugs

Answer 8

Section 12A, MODA 1975
7 yrs / 5 yrs

(1)

• Everyone who
• Supplies, Produces or manufactures
  (a) Any equipment or material capable of being used in or for the commission of an offence against section 6(1), 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)
- Everyone who
- has in his or her possession
(a) Any equipment or material capable of being used in or for the commission of an offence against section 6(1)
OR
(b) Any precursor substance 

• with the intention the equipment, material or substance is used in the commission of an offence

Question 9

Cultivation of prohibited plants

Answer 9

Section 9, MODA 1975
7 yrs

• Except pursuant to licence or regulations under this act
• no person shall cultivate a prohibited plant

Question 10

Use of premises or vehicle

Answer 10

Section 12, MODA 1975
10 yrs / 7 yrs / 3 yrs

• Everyone who
• knowingly permits
• any premise, vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance
• to be used for the purpose of the commission of an offence against this act

Question 11

Obstruction of officers

Answer 11

Section 16, MODA 1975

• Everyone who
• wilfully obstructs, hinders, resists, or deceives
• any other person in the execution of any powers conferred on that other person by or pursuant to this Act.

Question 12

Restrictions on possession of prescription medicines

Answer 12

Section 43, Medicines Act 1981

• No person shall
• without reasonable excuse
• import, procure, receive, store, use, or otherwise have in his possession, any prescription medicine.

Question 13

Use or disposal of needles and syringes

Answer 13

Section 11(1), Health Regulations 1998

(a) Offers to any other person, for use by that other person, a used needle or used syringe;
(b) Accepts for use a used needle or used syringe;
(c) Disposes of a needle or syringe in a public place

Question 14

Sale of needles and syringes

not pharmacist

Answer 14

Section 12(1), Health Regulations 1998

• Everyone who
• not being a pharmacist, a pharmacy employee, an approved medical practitioner, or an authorised representative
• sells or supplies or attempts to sell or supply
• a needle or syringe to any other person who
  (a) Is not a pharmacist, a pharmacy employee, an approved medical practitioner, or an authorised representative
  (b) Is a pharmacist or pharmacy employee who is prohibited under regulation 3(2) from selling new needles and new syringes

Question 15

Sale of needles and syringes

pharmacist

Answer 15

Section 12(2)(3)(4)(5), Health Regulations 1998

• Everyone who
• being a (2) + (3) pharmacist or pharmacy employee

(2) sells or supplies or attempts to sell or supply a needle or syringe to any other person otherwise than in accordance with regulation 3

(3) who is prohibited under regulation 3(2) from selling new needles and new syringes,
sells or supplies or attempts to sell or supply a needle or syringe to any other person

(4) being an approved medical practitioner
- sells or supplies or attempts to sell or supply a needle or syringe
- to any other person otherwise than in accordance with regulation 4.

(5) being an authorised representative\
- sells or supplies or attempts to sell or supply
- a needle or syringe to any other person otherwise than in accordance with regulation 5.