Misuse of Drugs Act 1975: Difference between revisions

{{Use dmy dates|date=MarchJuly 20132022}}

| datepassedpassed = 1975

| status = Currentamended

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.<ref name="Legislation">{{cite web|title=Misuse of Drugs Act 1975 No 116 (as at 01 December 2010), 3A Classification of drugs|url=http://www.legislation.govt.nz/act/public/1975/0116/latest/DLM436190.html|work=New Zealand Legislation: Acts|accessdate=16 June 2011}}</ref> 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_of_New_ZealandGeneral of New Zealand|Governorgovernor-Generalgeneral]] in conjunction with the [[Minister_of_Health_Minister of Health (New_ZealandNew Zealand)|Minister of Health]],<ref name="Section 4">{{cite web|title=Misuse of Drugs Act 1975 No 116 (as at 01 December 2010), Amendment of schedules that identify controlled drugs and precursor substances, and set amount, level, or quantity at and over which controlled drugs are presumed to be for supply|url=http://www.legislation.govt.nz/act/public/1975/0116/latest/DLM436192.html|accessdate=14 September 2020}}</ref> 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.<ref name="NZH 11 Dec 2018">{{cite news |last1=Bennett |first1=Lucy |title=Medicinal cannabis bill passes third reading |url=https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12175064 |accessdate=28 December 2018 |newspaper=[[The New Zealand Herald]] |date=11 December 2018}}</ref><ref name="Guardian 11 Dec 2018">{{cite news |last1=Roy |first1=Eleanor Ainge |title=New Zealand passes laws to make medical marijuana widely available |url=https://www.theguardian.com/world/2018/dec/11/new-zealand-passes-laws-to-make-medical-marijuana-widely-available |accessdate=28 December 2018 |newspaper=[[The Guardian]] |date=11 December 2018}}</ref>

The Misuse of Drugs Act was passed by the [[New Zealand Parliament]] into law in 1975.<ref name="Legislation" />

On 11 December 2018, the [[Sixth Labour Government of New Zealand|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.<ref name="NZH 11 Dec 2018" /><ref name="Guardian 11 Dec 2018" />

On 18 December 2018, the Government announced that it would also hold [[2020 New Zealand cannabis referendum|a referendum]] on legalizing recreational cannabis during the [[2020 New Zealand general election|2020 general election]].<ref>{{cite news |last1=Cooke |first1=Henry |title=Cannabis referendum will be held at 2020 election, Government confirms |url=https://www.stuff.co.nz/national/politics/109434013/cannabis-referendum-will-be-held-at-2020-election-government-confirms |accessdate=28 December 2018 |workpublisher=[[Stuff.co.nz (website)|Stuff]] |date=11 December 2018}}</ref><ref>{{cite news |title=Binding referendum on legalising cannabis for personal use to be held at 2020 election |url=https://www.radionz.co.nz/news/political/378523/binding-referendum-on-legalising-cannabis-for-personal-use-to-be-held-at-2020-election |accessdate=28 December 2018 |publisher=[[Radio New Zealand]] |date=18 December 2018}}</ref>

In March 2019, the Misuse of Drugs Amendment Bill was introduced.<ref>{{cite web |title=Misuse of Drugs Amendment Bill |url=https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_85104/misuse-of-drugs-amendment-bill |publisher=NZ Government |accessdate=9 May 2019}}</ref> 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.<ref>{{cite news |last1=Cheng |first1=Derek |title=Watershed bill described as drug decriminalisation -– despite Govt claims to the contrary |url=https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12227001 |accessdate=9 May 2019 |work=NZThe New Zealand Herald |date=2 May 2019}}</ref><ref>{{cite news |last1=Devlin |first1=Collette |title=Concerns police discretion under new health-based drug law could see de facto decriminalisation of all drugs |url=https://www.stuff.co.nz/national/politics/112390009/concerns-police-discretion-under-new-healthbased-drug-law-could-see-de-facto-decriminalisation-of-all-drugs |accessdate=9 May 2019 |work=Stuff |date=1 May 2019}}</ref> It was passed and became effective in August 2019.<ref>{{cite web |title=Changes to the Misuse of Drugs Act |url=https://www.health.govt.nz/our-work/mental-health-and-addictions/alcohol-and-other-drug-policy/changes-misuse-drugs-act |publisher=Ministry of Health |accessdate=4 December 2019}}</ref>

*[http://legislation.govt.nz/act/public/1975/0116/latest/DLM436101.html Misuse of Drugs Act 1975] -– text of the Act