Psychoactive Substances Act 2013, s 71; Criminal Procedure Act 2011, ss 6, 71
It’s illegal to possess any synthetic cannabis, party pills or herbal highs – what the law calls “psychoactive substances” – if they haven’t been officially approved by the government.
These drugs sometimes used to be called “legal highs”, but since July 2013 they’ve all been illegal.
As of October 2021, no psychoactive substances have been approved by the government agency that deals with this area, the Psychoactive Substances Regulatory Authority (PSRA) – which means that currently it’s illegal to possess any psychoactive substances.
If you’re convicted in court, the judge can fine you up to $500.
In the criminal justice system this is a Category 1 offence, which means that, unlike more serious offences, you don’t have to go to court at all if you simply want to plead guilty, as you can send the court your plea in writing. If you plead not guilty, you’ll have a District Court trial. For more about the different offence categories, see the chapter “The criminal courts”.
Psychoactive Substances Act 2013, ss 72–74; Psychoactive Substances (Infringement Fees and Form of Notices) Regulations 2014, reg 4
Alternatively, rather than taking you to court, the police can simply give you a $300 infringement notice on the spot (like a speeding ticket). To do this they need to at least have reasonable grounds for believing that you possess a psychoactive substance. With an infringement notice you only have to go to court if you want to challenge the notice. Infringement notices don’t give you a criminal record.
Psychoactive substances have been sold on the street under a range of product names – including Anarchy, Apocalypse, Black Widow, Chocolate Haze, Haze, Hydro Budz AK-47, Hydro Budz Hindu Kush, Karma, Puff, Southern Lights, Voodoo, White Rhino and WTF.