Drugs Misuse Regulation 1987

This regulation may be cited as the Drugs Misuse Regulation 1987.

The dictionary in schedule 9 defines particular words used in this regulation.

For the purposes of section 10(4A) of the Act, the prescribed procedures for the disposal of a hypodermic syringe or needle are—

by placing the hypodermic syringe or needle in a rigid wall, puncture resistant container and that container is sealed or securely closed in such a manner that its contents are incapable of causing injury to any person; or

by giving the hypodermic syringe or needle to a person who is a medical practitioner, pharmacist or person or a member of a class of persons referred to as authorised in section 10(3) of the Act.

For the purposes of section 125 of the Act, the prescribed procedure for the disposal of a thing is—

in the case where the thing is a trace amount of a dangerous drug contained in a hypodermic syringe or needle, by disposing of the hypodermic syringe or needle in accordance with the procedures prescribed in section 3; or

in any other case, at the first reasonable opportunity, by giving—

such thing; and

where such thing is contained in a hypodermic syringe or needle, such syringe or needle;

to an inspector under the Medicines and Poisons Act 2019.

Any act by which a controlled substance is supplied by a person, in or in connection with the person’s business, to anyone else is a relevant transaction for the supply of a controlled substance.

Example—

A and B are partners in a chain of pharmacies. They make cold tablets to sell in the pharmacies by compounding ephedrine (a controlled substance) with other substances.

The partners sell some of the left over ephedrine to a pharmaceutical research company and give the rest away.

Both the sale and gift of ephedrine are relevant transactions.

Editor’s note—

Under section 43A of the Act—

supply means give, distribute, sell or supply.

This section applies to a person who supplies a controlled substance or controlled thing under a relevant transaction to anyone else (a recipient).

The person must, before supplying the substance or thing, obtain from the recipient a document (an end user declaration) showing the following information—

the recipient’s name and address, and if the recipient purports to obtain the substance or thing for another person, the other person’s name and address;

details of the official document produced by the recipient under subsection (3) as evidence of the recipient’s identity;

the date and number of the written order for the supply of the substance or thing;

the name and quantity of the substance or thing to be supplied;

if a thing is supplied—the serial number or unique identifier of the thing;

the date on which the substance or thing is to be supplied;

the purpose for which the substance or thing is to be supplied.

If the recipient is an individual, the person must, before supplying the substance or thing, require the recipient to produce an official document containing the recipient’s photograph (for example, a passport or driver licence) as evidence of the recipient’s identity.

The person must, immediately the person supplies the substance or thing under the transaction, make an invoice for the supply of the substance or thing showing the following details—

the recipient’s name and address;

the recipient’s order number for the supply of the substance or thing;

the date the substance or thing was supplied;

the name and quantity of the substance or thing supplied.

Maximum penalty for subsection (4)—20 penalty units.

This section applies to a person who supplies a controlled substance or controlled thing under a relevant transaction to anyone else (the recipient).

The person must, as soon as practicable after obtaining from the recipient the end user declaration mentioned in section 6(2), give a copy of the end user declaration to the commissioner of the police service.

The following details about a relevant transaction for the supply of a controlled substance or controlled thing must be recorded in the register—

the name and address of the recipient and, if the recipient purports to obtain the substance or thing for another person, the other person’s name and address;

the recipient’s order number for the supply of the substance or thing;

the invoice number for the supply of the substance or thing;

if the recipient is—

a company—its Australian Company Number; or

an individual—the type of official document produced under section 6(3) and the following details about the document—

who issued it;

its serial number or other identifying number or mark;

the name and quantity of the substance or thing supplied;

the date the substance or thing was supplied;

the purpose for which the substance or thing was supplied.

The details must be recorded in the register as soon as practicable, but in no case later than 7 days, after the day the person supplied the substance or thing under the transaction.

Nothing in this section prevents the keeping of a single register for the Act and another Act if—

the keeping of the single register is not contrary to the other Act; and

the details recorded under subsection (1) are easily identifiable in the single register.

Note—

See section 43D(1)(c) of the Act for the requirement to keep the register.

The following details of the reporting to a police officer of the loss or theft of a controlled substance or controlled thing must be recorded in the register—

the day and place the report was made;

the name and registered number of the officer to whom the report was made;

the name and quantity of the substance or thing lost or stolen.

This section applies to the register and other documents mentioned in the Act, section 43D(1) and the invoice required under section 6(4).

A person who supplies a controlled substance or controlled thing under a relevant transaction must keep the register, documents or invoice—

at the principal or only place in Queensland where the person engages in relevant transactions; and

for 2 years from the day the person supplied the substance or thing under the transaction.

Divisions 3 to 6 state activities stated persons are authorised to perform for the purposes of part 5B of the Act.

Schedule 7 states conditions applying to particular persons who perform activities stated in divisions 4, 5 and 6.

If a word used in this part, schedule 7 or schedule 8 is not defined in the dictionary but is defined for part 5B of the Act, the word has the same meaning as in that part, unless a contrary intention appears.

Note—

See section 46 of the Act for definitions for pt 5B of the Act.

This section states, for section 46 of the Act, definition planting seed, when cannabis seed is taken to have been harvested from a cannabis plant (a 0.5% THC plant) with a THC concentration, in the plant’s leaves and flowering heads, of not more than 0.5%.

Cannabis seed originating in the State is taken to have been harvested from a 0.5% THC plant if—

both of the following apply—

an authorised person, at the request of the licensee or on the authorised person’s own initiative, arranges for the THC concentration of a representative sample for the seed to be analysed;

the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and

the seed is labelled with the required particulars.

Note—

See section 27C for additional labelling requirements.

Also, cannabis seed originating in the State is taken to have been harvested from a 0.5% THC plant if—

both of the following apply—

an authorised person, at the request of the licensee or on the authorised person’s own initiative, authorises another person in writing to arrange for the THC concentration of a representative sample for the seed to be analysed in a NATA accredited laboratory;

the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and

the seed is labelled with the required particulars.

Note—

See section 27C for additional labelling requirements.

Cannabis seed originating in another State, or another country, is taken to have been harvested from a 0.5% THC plant if the recipient licensee—

takes reasonable steps to confirm that—

a representative sample for the seed has undergone an analysis that is substantially equivalent to an analysis mentioned in subsection (3)(a)(i); and

the results of the analysis state the THC concentration of the representative sample is not more than 0.5%; and

labels the cannabis seed with the required particulars.

Note—

See section 27C for additional labelling requirements.

In this section—

authorised person means—

an inspector; or

another person authorised by the chief executive for the purpose of this section.

representative sample, for cannabis seed, means a representative sample of cannabis leaves and flowering heads taken from the crop from which the seed was harvested.