Misuse of Drugs Amendment Act 2000

1: Title
1: This Act is the Misuse of Drugs Amendment Act 2000.
2: In this Act, the Misuse of Drugs Act 1975 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 3A The principal Act is amended by inserting, after section 3
3A: Classification of drugs
The classification of a drug under this Act is based on the risk of harm the drug poses to individuals, or to society, by its misuse; and accordingly—
a: drugs that pose a very high risk of harm are classified as Class A drugs; and
b: drugs that pose a high risk of harm are classified as Class B drugs; and
c: drugs that pose a moderate risk of harm are classified as Class C drugs.
4: New sections 4 to 4B substituted
The principal Act is amended by repealing sections 4 4A
4: Amendment of schedules that identify controlled drugs and precursor substances
1: The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, amend the First Schedule, the Second Schedule, the Third Schedule, and Schedule 4
a: adding the name or description of any substance, preparation, mixture, or article to a schedule; or
b: removing the name or description of any substance, preparation, mixture, or article from a schedule; or
c: moving the name or description of any substance, preparation, mixture, or article from 1 schedule, or Part or clause of a schedule, and inserting that name or description in another schedule, or Part or clause of a schedule.
2: An Order in Council made under subsection (1) section 4A
3: Sections 5 to 10 of the Regulations (Disallowance) Act 1989 subsection (1)
4: The Governor-General may, by Order in Council,—
a: amend the name or description of any substance, preparation, mixture, or article named or described in the First Schedule, the Second Schedule, or the Third Schedule
b: update the First Schedule, the Second Schedule, or the Third Schedule
c: add to, or remove from, Schedule 4
5: No Order in Council may be made under paragraph (a) or paragraph (b) of subsection (4)
4A: Procedure for bringing Order in Council made under
section 4(1)
1: Subject to subsection (2) section 4(1)
2: The commencement order may be made only after the Order in Council made under section 4(1)
3: A resolution of the House of Representatives approving an Order in Council made under section 4(1)
a: the date that is 28 days after the date on which notice that the Order in Council has been made is given in the Gazette
b: if the Gazette
4: An Order in Council made under section 4(1)
a: a motion to approve the Order in Council is defeated; or
b: no motion to approve the Order in Council is agreed to within 1 year of its date of making.
4B: Matters to which Minister must have regard before recommending Order in Council under
section 4(1)
1: Before recommending to the Governor-General that an Order in Council be made under section 4(1) drug
a: consult with, and consider any advice given by, the Expert Advisory Committee on Drugs established under section 5AA
b: have regard to the matters set out in subsection (2)
2: The matters that the Minister must have regard to, and on which the Expert Advisory Committee on Drugs must give advice, are—
a: the likelihood or evidence of drug abuse, including such matters as the prevalence of the drug, levels of consumption, drug seizure trends, and the potential appeal to vulnerable populations; and
b: the specific effects of the drug, including pharmacological, psychoactive, and toxicological effects; and
c: the risks, if any, to public health; and
d: the therapeutic value of the drug, if any; and
e: the potential for use of the drug to cause death; and
f: the ability of the drug to create physical or psychological dependence; and
g: the international classification and experience of the drug in other jurisdictions; and
h: any other matters that the Minister considers relevant.
5: New
section 5AA The principal Act is amended by inserting, immediately before section 5A
5AA: Expert Advisory Committee on Drugs
1: The Minister must establish an Expert Advisory Committee on Drugs to advise the Minister on drug classification matters.
2: The functions of the Committee are—
a: to carry out medical and scientific evaluations of controlled drugs, and any other narcotic or psychotropic substances, preparations, mixtures, or articles; and
b: to make recommendations to the Minister about—
i: whether and how controlled drugs or other substances, preparations, mixtures, or articles should be classified; and
ii: the level at which any presumption for supply, as provided for in section 6(6)
c: to increase public awareness of the Committee's work, by (for instance) the timely release of papers, reports, and recommendations.
3: The Committee must comprise—
a: up to 5 people who, between them, have appropriate expertise in—
i: pharmacology:
ii: toxicology:
iii: drug and alcohol treatment:
iv: psychology:
v: community medicine; and
b: up to 3 people employed in the Public Service (as defined in section 27 of the State Sector Act 1988
i: public health:
ii: the appropriateness and safety of pharmaceuticals and their availability to the public:
iii: border control; and
c: 1 member of the police; and
d: 1 person representing the views of consumers of drug treatment services.
4: The Minister must appoint 1 member as chairperson of the Committee.
5: Subsections (2) and (3) of section 5 section 5
6: New
section 5B The principal Act is amended by inserting, after section 5A
5B: Functions of Minister
For the purposes of this Act, the functions of the Minister include the provision and publication of reports, information, and advice concerning the misuse of drugs and the treatment of persons suffering from the misuse of drugs.
7: Dealing with controlled drugs
1: Section 6(6) paragraph (ca)
cb: 5 grams or more of MDMA, MDEA, or MDA, or 100 or more flakes, tablets, capsules, or other drug forms containing any one or more of MDMA, MDEA, or MDA: .
2: Section 6
7: Subsection (6) paragraphs (a) to (e) of that subsection First Schedule, Second Schedule, or Third Schedule
8: Exemptions from
sections 6 7 Section 8(2)
1: a person may, while entering or leaving New Zealand, possess a controlled drug required for treating the medical condition of the person or any other person in his or her care or control, if the quantity of drug is no greater than that required for treating the medical condition for one month, and the drug was—
i: lawfully supplied to the person by a medical practitioner, designated prescriber (as defined in section 2(1) of the Medicines Act 1981
ii: prescribed by a medical practitioner, designated prescriber (as defined in section 2(1) of the Medicines Act 1981
iii: lawfully supplied to the person overseas and supplied for the purpose of treating a medical condition.
9: Treatment of persons dependent on controlled drugs
1: Section 24 subsection (2)
2: A medical practitioner may prescribe, administer, or supply any controlled drug for or to any such person if the medical practitioner—
a: is for the time being a medical practitioner approved by the Minister under subsection (5)(a)
b: is working in a place specified under subsection (5)(b) subsection (5)(a)
c: is acting in the medical practitioner's capacity as a medical officer employed in a place specified under subsection (5)(b)
d: is acting in relation to a particular patient during the period prescribed in, and in accordance with the terms and conditions of, a permission in writing given by an approved medical practitioner (as described in paragraph (a) paragraph (c)
2: Section 24(3) specified approved
3: Section 24 subsection (5)
5: The Minister may from time to time, by notice in the Gazette
a: approve any medical practitioner as a medical practitioner who may, subject to any general or specific conditions imposed by the Minister on the recommendation of the Director-General of Health, prescribe, administer, or supply controlled drugs for the purpose of this section:
b: specify by name or description any licensed hospital (within the meaning of the Hospitals Act 1957
c: revoke any approval or specification under this section.
10: Schedule 3 PART 2 Part IV Part VI
11: Consequential repeals
The following provisions are repealed:
a: section 2 of the Misuse of Drugs Amendment Act 1982 (1982 No 151)
b: section 3 Misuse of Drugs Amendment Act 1998