Misuse of Drugs Act 1975 | |
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New Zealand Parliament | |
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Legislative history | |
Passed | 1975 |
Status: Amended |
The Misuse of Drugs Act 1975 is a New Zealand drug control law that classifies drugs into three classes, or schedules, purportedly based on their projected risk of serious harm. [1] However, in reality, classification of drugs outside of passing laws (such as this one), where the restriction has no legal power, is performed by the governor-general in conjunction with the Minister of Health, [2] neither of whom is actually bound by law to obey this restriction.
In December 2018 it was amended to permit terminally ill patients to use marijuana without risk of prosecution. [3] [4]
The Misuse of Drugs Act was passed by the New Zealand Parliament into law in 1975. [1]
On 11 December 2018, the Labour-led Coalition Government passed the Misuse of Drugs (Medicinal Cannabis) Amendment Act, which amended the existing law to permit terminally ill patients to use marijuana without risk of prosecution. [3] [4]
On 18 December 2018, the Government announced that it would also hold a referendum on legalizing recreational cannabis during the 2020 general election. [5] [6]
In March 2019, the Misuse of Drugs Amendment Bill was introduced. [7] This added AMB-FUBINACA and 5F-ADB as Class A drugs; but most comment was around the phrase "affirm the existing discretion to prosecute", with lawyers and others saying that this would effectively mean an end to prosecution for mere possession of any drug. [8] [9] It was passed and became effective in August 2019. [10]
In December 2020, the Act was amended by the Drug and Substance Checking Legislation Act 2020. This Act temporarily legalised drug checking in New Zealand. [11] In November 2021, this change was made permanent by the Drug and Substance Checking Legislation Act 2021 [12] making New Zealand the first nation to explicitly legalise drug checking. [13]
First Schedule: Very high risk of harm and illegal:
Second Schedule: Very high risk of harm and on prescription:
Third Schedule: Moderate risk of harm:
^Note 1 : Pentobarbital, secobarbital and amobarbital are subject to more legal restrictions and tougher penalties than are other Class C substances.
^Note 2 : Temazepam and flunitrazepam are subject to more legal restrictions and tougher penalties than are other Class C substances.
Precursor substances.
The Expert Advisory Committee on Drugs (EACD) makes scheduling decisions, based on scientific and medical evidence and/or international treaty obligations. New Zealand is a party to the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
National Drug Policy New Zealand notes, "The Conventions place certain obligations on signatory countries. When the UN classifies (or re-classifies) a substance under one of the above Conventions, it requires signatory countries to amend their domestic legislation to ensure consistency with the UN's amendment. Accordingly, the impetus for some of the drugs to be considered by the EACD will originate from decisions made at the UN".
The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and signed into law by President Richard Nixon. The Act also served as the national implementing legislation for the Single Convention on Narcotic Drugs.
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances.
The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and how it can be consumed and what medical conditions it can be used for. These policies in most countries are regulated by three United Nations treaties: the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Cannabis was reclassified in 2020 to a Schedule I-only drug under the Single Convention treaty, with the schedules from strictest to least being IV, I, II, and III. As a Schedule I drug under the treaty, countries can allow the medical use of cannabis but it is considered to be an addictive drug with a serious risk of abuse.
The Misuse of Drugs Act 1971 is an act of the Parliament of the United Kingdom. It represents action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Aotearoa Legalise Cannabis Party (ALCP), also known as the Cannabis Party, is a political party in New Zealand. It is dedicated to the legalisation of cannabis for medical, recreational and industrial use. It was founded in 1996 and has stood in every general election since, but has never won representation in Parliament. Several of its members have gone on to political success after leaving the party.
In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act, the category reserved for drugs that have "no currently accepted medical use", is a proposed legal and administrative change in cannabis-related law at the federal level. After being proposed repeatedly since 1972, in 2024, the US Department of Justice announced it was initiating rulemaking to reschedule cannabis to Schedule III of the Controlled Substances Act.
The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits a person the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance. The bill was introduced in the Lok Sabha on 23 August 1985. It was passed by both the Houses of Parliament, received assent from then President Giani Zail Singh on 16 September 1985, and came into force on 14 November 1985. The NDPS Act has since been amended four times — in 1988, 2001, 2014 and 2021. The Act extends to the whole of India and it applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India.
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
A drug policy is the policy regarding the control and regulation of psychoactive substances, particularly those that are addictive or cause physical and mental dependence. While drug policies are generally implemented by governments, entities at all levels may have specific policies related to drugs.
Drug liberalization is a drug policy process of decriminalizing, legalizing, or repealing laws that prohibit the production, possession, sale, or use of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.
The use of cannabis in New Zealand is regulated by the Misuse of Drugs Act 1975, which makes unauthorised possession of any amount of cannabis a crime. Cannabis is the fourth-most widely used recreational drug in New Zealand, after caffeine, alcohol and tobacco, and the most widely used illicit drug. In 2001 a household survey revealed that 13.4% of New Zealanders aged 15–64 used cannabis. This ranked as the ninth-highest cannabis consumption level in the world.
Cannabis is a plant used in Australia for recreational, medicinal and industrial purposes. In 2019, 36% of Australians over the age of fourteen years had used cannabis in their lifetime and 11.6% had used cannabis in the last 12 months.
Cannabis political parties are generally single-issue parties that exist to oppose the laws against cannabis.
Cannabis in Ireland is illegal for recreational purposes. Use for medical purposes requires case-by-case approval by the Minister for Health. A bill to legalise medical uses of cannabis passed second reading in Dáil Éireann in December 2016, but was rejected by the Oireachtas Health Committee in 2017.
Cannabis in Slovakia is illegal for all purposes and possession of even small amounts of the drug can lead to lengthy prison terms. Possession or use of small amounts of cannabis is punishable by up to eight years in prison. In April 2012, The Wall Street Journal reported that Robert Fico, the incoming Slovak prime minister, might push for partial legalisation of cannabis possession, and has argued for the legalisation of possession of up to three doses of cannabis for personal use.
The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018.
The 2020 New Zealand cannabis referendum was a non-binding referendum held on 17 October 2020 in conjunction with the 2020 general election and a euthanasia referendum, on the question of whether to legalise the sale, use, possession and production of recreational cannabis. It was rejected by New Zealand voters. The form of the referendum was a vote for or against the proposed "Cannabis Legalisation and Control Bill". Official results were released by the Electoral Commission on 6 November 2020 with 50.7% of voters opposing the legalisation and 48.4% in support.
Cannabis in Seychelles is illegal, with cultivation, possession and sale of the substance banned. Regardless of this, the controlled substance has seen continual use within Seychelles, with statistics indicating that more than a quarter of the nation's population are users of the drug, as well as use evident amongst adolescents. The drug is ingested in a variety of forms for medicinal or recreational use.
Cannabis in Bermuda is legal for medical use and decriminalized for recreational use.
The Misuse of Drugs Amendment Act 2018 is an Act of Parliament in New Zealand which amends the Misuse of Drugs Act 1975 to allow terminally-ill people to consume cannabis and to possess a cannabis utensil. The bill passed its third reading on 11 December 2018. It was supported by the centre-left Labour Party and its coalition partners New Zealand First and the Green parties but was opposed by the opposition centre-right National Party. The Act received royal assent on 17 December and came into force on 18 December 2018.