Misuse of Drugs Act 2001

Misuse of Drugs Act 2001

This Act may be cited as the Misuse of Drugs Act 2001.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears – child means a person who has not attained the age of 18 years; conceal, in relation to something, includes conceal or disguise – its source or nature; or its location or movement; or the rights of any person in relation to it; or the identity of its owner; controlled drug means a substance, other than a growing plant, specified or described in Part 2 of Schedule 1; controlled plant means a plant specified in Part 3 of Schedule 1 or any part of such a plant; controlled precursor means a substance specified or described in Part 4 of Schedule 1; controlled substance means a controlled drug, controlled plant or controlled precursor; conveyance includes an aircraft, vehicle or vessel; cultivate includes – plant a seed, seedling or cutting; and graft, divide or transplant a plant; and nurture, tend or grow a plant; and guard or conceal a plant against discovery or interference, whether by humans or natural predators; and harvest a plant, whether by picking part of the plant, by separating resin or another substance from the plant or by other means; manufacture means any process by which a substance is produced, other than the cultivation of a plant, and includes – the process of extracting or refining a substance; and the process of transforming the substance into a different substance; place includes premises;Poisons List has the same meaning as in the Poisons Act 1971; premises includes a conveyance; prepare, in relation to supplying a drug, includes – packaging the drug; and separating the drug into discrete units; product, of a plant, includes – a seed of the plant; and a part of the plant, whether live or dead; and a substance prepared from the plant; regulations means regulations made and in force under this Act; search warrant means a warrant issued under the Search Warrants Act 1997; sell means sell, whether by wholesale or retail, and includes – agree to sell; and offer, or expose, for sale; and keep, or possess, for sale; and deal in, barter or exchange; and send, forward, deliver or receive for sale; and authorise, direct, cause, permit or suffer any of those things to be done; supply, in relation to a substance, includes – administer the substance, whether orally, subcutaneously or by other means; and offer or agree to supply the substance; traffic, in relation to a controlled substance, includes – sell the substance; and prepare the substance for supply with the intention of selling it or in the belief that another person intends to sell it; and transport the substance with the intention of selling it or in the belief that another person intends to sell it; and guard or conceal the substance with the intention of selling it or in the belief that another person intends to sell it; and possess the substance with the intention of selling it; and import the substance into Tasmania with the intention of selling it or in the belief that another person intends to sell it; transport includes deliver.

For the purposes of this Act, a person is taken to engage in an activity if the person – participates in the activity; or controls or directs the activity; or provides finance or another resource that allows the activity to be carried on.

Without restricting the generality of the expression "possession", a controlled substance is taken to be in a person's possession for the purposes of this Act so long as it is on any land or premises occupied by the person, or is enjoyed by the person in any place or is in the person's order and disposition, unless the person proves that he or she had no knowledge of the substance.

In this Act – trafficable quantity, of a controlled substance, means – in the case of a controlled drug that is not mixed with or contained in any other substance, a quantity of the controlled drug that is not less than the quantity specified in column 3 of the table in Part 2 of Schedule 1 in relation to the controlled drug; and in the case of a controlled drug that is mixed with or contained in another substance where the combined quantity of the substances is not less than the quantity specified in column 3 of the table in Part 2 of Schedule 1 in relation to the controlled drug, any quantity; and in the case of a controlled plant, a quantity of the controlled plant that is not less than the quantity specified in column 3 of the table in Part 3 of Schedule 1 in relation to the controlled plant; and in the case of a controlled precursor, a quantity of the controlled precursor that is not less than the quantity specified in column 3 of the table in Part 4 of Schedule 1 in relation to the controlled precursor; and in the case of 2 or more controlled substances together, an aggregated trafficable quantity of the controlled substances.

To determine, for the purpose of this Act, whether a quantity of 2 or more controlled substances together constitutes an aggregated trafficable quantity – the quantity of each of the controlled substances is to be calculated as a fraction of the trafficable quantity of that controlled substance; and the fractions calculated under paragraph (a) are to be added together; and the quantity is to be taken to constitute an aggregated trafficable quantity if the total of those fractions so added together is equal to or greater than the number "1".

Nothing in this Act affects any provision made by or under the Poisons Act 1971 or the Industrial Hemp Act 2015 or renders unlawful anything done in accordance with any such provision.

The offences in this Part are indictable offences.

A person must not manufacture a controlled drug – with the intention of selling the controlled drug; or in the belief that another person intends to sell the controlled drug. Imprisonment for a term not exceeding 21 years.

If it is proved in proceedings for an offence under subsection (1) that the accused manufactured a trafficable quantity of a controlled drug, it is presumed, unless the accused on the balance of probabilities proves otherwise, that the accused had the relevant intention or belief concerning the sale of the manufactured drug required to constitute the offence.

A person must not cultivate a controlled plant – with the intention of selling the controlled plant or any of its products; or in the belief that another person intends to sell the controlled plant or any of its products. Imprisonment for a term not exceeding 21 years.

If it is proved in proceedings for an offence under subsection (1) that the accused cultivated a trafficable quantity of a controlled plant, it is presumed, unless the accused on the balance of probabilities proves otherwise, that the accused had the relevant intention or belief concerning the sale of the controlled plant or its products required to constitute the offence.

A person must not possess any equipment, instruction or other thing –

with the intention of using it to manufacture and sell a controlled substance; or with the intention of using it to manufacture a controlled substance in the belief that another person intends to sell the controlled substance.

Imprisonment for a term not exceeding 21 years.

A person must not possess any equipment, instruction or other thing with the intention of using it to –

cultivate and sell a controlled plant; or cultivate a controlled plant in the belief that another person intends to sell the controlled plant.

Imprisonment for a term not exceeding 21 years.

A person must not manufacture a controlled precursor – with the intention of manufacturing and selling a controlled drug; or with the intention of manufacturing a controlled drug in the belief that another person intends to sell the controlled drug. Imprisonment for a term not exceeding 21 years.

A person must not manufacture a controlled precursor – with the intention of selling the controlled precursor; and in the belief that the person to whom the controlled precursor is sold intends to use it to manufacture a controlled drug. Imprisonment for a term not exceeding 21 years.