First Schedule

Schedule

Part of Schedule (including general rules of thumb)

Examples

& storage

Other sections of the Misuse of Drugs Act / Regulations

Penalties

 

 

First Schedule Class A controlled drugs:

 

 

ie, drugs posing a very high risk of harm to individuals or society.

 

Includes narcotic s ubstances classified under the 1961 UN Convention and psychotropic substances classified under the 1971 Convention.

Severely restricted substances.

 

Ministers approval required for use, except for cocaine and derivatives

 

Includes a mix of hallucinogens, stimulants, and depressants.

 

 

Heroin, LSD,

PCP (angel dust)

Cocaine

 

 

Thalidomide

 

 

 

To be stored in a CD cabinet.

Sections 6 & 7 relate to the general prohibitions on the import, export, production, manufacture, supply, administration, or offer to supply or administer of CDs. 

 

S6(6) covers presumptions for supply for CDs.

 

S8 provides exemptions (subject to ss 22-25) from sections 6 & 7 eg prescribing by medical practitioners, vets, dispensing by pharmacists etc.

 

S18 - Police search and seizure without warrant.

 

Regulation 3 Ministers approval required for granting of licences to deal in CDs in the First Schedule, Part 1 of Second Schedule, and Part 1 of the Third Schedule (except for cocaine, morphine, or opium and derivative compounds).

 

Regulation 22 Prohibition on supplying, administering, or prescribing of CDs in the First Schedule, Part 1 or 2 of the Second Schedule, and Part 1 of the Third Schedule unless with Ministers approval (except for cocaine, morphine, or opium and derivative compounds).

 

Life imprisonment for the importation, manufacture or supply (subject to presumption of supply).

 

Up to 14 years imprisonment for conspiracy to commit an offence.

 

Up to six months imprisonment or $1,000 fine or both for possession.


Second Schedule

Schedule

Part of Schedule (including general rules of thumb)

Examples & storage

Other sections of the Misuse of Drugs Act / Regulations

Penalties

 

Second Schedule Class B controlled drugs:

 

 

ie, drugs posing a high risk of harm to individuals or society.

 

Includes narcotic substances classified under the 1961 UN Convention and psychotropic substances classified under the 1971 Convention.

Part 1 refined or concentrated forms of cannabis (higher potency than natural plant leaf). 

 

Substances have generally been processed. 

 

Includes opiates with both therapeutic and abuse potential. 

 

Ministers approval only required for use of cannabis oil/resin (ie not for morphine/opium).

Cannabis resin & oil (ie, Hashish and Hashish oil),

 

 

 

Opium

Morphine,

 

 

Stored in a CD cabinet.

S18 - Police search and seizure without warrant.

 

SS 6, 7, 8 (outlined in First Schedule table above).

 

Regulation 3 (outlined in First Schedule table).

 

Regulation 22 (outlined in First schedule Table above).

 

Up to 14 years imprisonment for importation, manufacture or supply (subject to presumption of supply).

 

Up to 10 years imprisonment for conspiracy to commit an offence.

 

Up to three months imprisonment or $500 fine or both for possession.

Part 2 mainly stimulants. Includes amphetamines with medical uses (eg, methylphenidate).  Lesser dependence potential than substances in Part 1.

 

Ministers approval required for prescribing, dispensing, and administration.

Ritalin

Methampheta-mine

Dexampheta-mine

MDMA

 

Stored in a CD cabinet.

Police need search warrant (S18 not applicable)

 

SS 6, 7, 8 (outlined in First Schedule table above).

 

Regulation 22 (outlined in First Schedule Table above).

 

Part 3 commonly used for medical purposes.  Lesser dependence potential than Parts 1 & 2.  Includes drugs not used in NZ (yet), but have been used and classified internationally.  Eg, NZ asked to classify by the UN.

 

Minsters approval not required.

Methadone

Pethidine

Alfentanil

 

 

Stored in a CD cabinet.

Police need search warrant (S 18 not applicable)

 

SS 6, 7, 8 (outlined in First Schedule Table above).


  Third Schedule

Schedule

Part of Schedule

(including general rules of thumb)

Examples

& storage

Other sections of the Misuse of Drugs Act / Regulations

Penalties

 

Third Schedule Class C controlled drugs. 

 

This includes controlled drug analogues (listed in Part 7).

 

 

Ie, drugs posing a moderate risk of harm to individuals or society.

 

Includes narcotic substances classified under the 1961 UN Convention and psychotropic substances classified under the 1971 Convention.

 

Generally, narcotics in Parts 1, 2, & 3 and psychotropics in Parts 4 & 5.

 

Part 1 natural forms of cannabis. 

 

Generally substances used illicitly rather than medically.

 

Ministers approval required.

 

Cannabis leaf, fruit, and seed

Coca leaf

 

Stored in a CD cabinet.

S18 - Police search and seizure without warrant.

 

SS 6, 7, 8 (outlined in First Schedule table above).

Regulation 3 (outlined in First Schedule table).

Regulation 22 (outlined in First Schedule Table above).

 

 

Up to 8 years imprisonment for importation, manufacture or supply.

 

 

Up to 7 years imprisonment for conspiracy to commit an offence.

 

 

Up to three months imprisonment or $500 fine or both for possession.

Part 2 moderate abuse potential, but also have therapeutic uses.  Readily prescribed by medical practitioners.

 

 

 

Codeine powder, injection, & tablet

 

Some stored in a CD cabinet, others on shelf.

SS 6, 7, 8 (outlined in First Schedule Table above).

 

Police need search warrant (S 18 not applicable)

 

Part 3 similar products to Part 2, ie therapeutic substances, but generally lesser dependence potential than Part 2 substances.

 

Partially exempted drugs

that can be supplied without prescription in certain circumstances.

Pholcodeine

 

Stored in a CD cabinet.

SS 6, 7, 8 (outlined in First Schedule Table above).

 

Police need search warrant (S 18 not applicable)

 

Regulation 20 supply and administration without prescription, eg in an emergency by a pharmacist if directed by a medical practitioner.  Or people licensed to possess a CD under other regs (eg hospital managers, or those in charge of aircraft or ships).

 
 
Third Continued
 

Schedule

Part of Schedule

(including general rules of thumb)

Examples

& storage

Other sections of the Misuse of Drugs Act / Regulations

Penalties

 

Third Schedule Class C controlled drugs. 

 

This includes controlled drug analogues (listed in Part 7)

 

Ie, drugs posing a moderate risk of harm to individuals or society.

 

Includes narcotic substances classified under the 1961 UN Convention and psychotropic substances classified under the 1971 Convention.

 

Generally, narcotics in Parts 1, 2, & 3 and psychotropics in Parts 4 & 5.

 

Part 4 Includes barbiturates with medical uses, eg sedative effects.  Some no longer used.  

 

Moderate dependence / abuse potential, although barbiturates probably have more dependence / abuse potential than the benzodiazepines in Part 5 (which is why they are no longer really used).

Barbiturates (except ones in Part 5)

 

Stored in a CD cabinet.

SS 6, 7, 8 (outlined in First Schedule table above).

 

Police need search warrant (S 18 not applicable)

 

 

Up to 8 years imprisonment for importation, manufacture or supply.

 

 

Up to 7 years imprisonment for conspiracy to commit an offence.

 

 

Up to three months imprisonment or $500 fine or both for possession.

Part 5 includes benzodiazepines and some barbiturates.  Medical uses (eg sedatives).  Moderate risk of abuse / dependence potential.  Probably less risk than Part 4 substances.

Benzodiazepines, eg

Flunitrazepam.

 

Barbiturates in combination.

 

Stored in a CD cabinet.

SS 6, 7, 8 (outlined in First Schedule table above).

 

Police need search warrant (S 18 not applicable)

 

Part 6 includes pharmacy only medicines.  Some over the counter.

 

CDs exempted from the prohibition on export/import, supply, administer eg when prescribed by medical practitioners etc

 

 

Specified CDs in combination where the CD cannot be readily recovered and up to stated strengths,

eg Codine in paracetamol.

 

Stored on shelf.

SS 6, 7, 8 (outlined in First Schedule table above).

 

See S 6(1)(a) and 8(3)(a)for the import/export exemption.

 

See S83(b) for the supply and administration exemption.

 

Police need search warrant (S 18 not applicable)

Part 7 - CD analogues

 

 

 

Amphetamine, Pethidine,

analogues

 

Stored on shelf.

SS 6, 7, 8 (outlined in First Schedule Table above).

 

Police need search warrant (S 18 not applicable)


  Schedule 4

Schedule

Part of Schedule

(including general rules of thumb)

Examples

Other sections of MODA

Penalties

Schedule 4 precursor substances

 

Generally should mirror the precursors in the 1988 UN Convention

 

NB: no real restrictions except agreements with industry when they export/import (Eg if Country X exports HCL to New Zealand it will notify the Ministry of Health which will advise the National Drug Intelligence Bureau).

 

Memorandum of Understanding requires suppliers to record details of sales and report all sales of more than 90g of amphetamine precursors eg, ephedrine and pseudoephedrine.

Part 1

 

Substances with narrow uses and traded in limited volumes on the international market.

 

 

Ephedrine,

pseudoephedrine, lysergic acid

 

S4(4)(c) the Governor-General can amend Schedule 4 to mirror any changes to the Annex to the Vienna Convention

 

 

S 12A

Up to 7 years imprisonment or $1000 fine, or both, for supplying, producing or manufacturing a precursor substance knowing it is to be used to commit an offence.

Part 2

 

Substances with a wide range of uses and traded in large quantities.

 

 

Hydrochloric acid,

 

S4(4)(c)

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