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Schedule |
Part
of Schedule (including general ‘rules of thumb’)
|
Examples
&
storage
|
Other
sections of the Misuse of Drugs Act / Regulations
|
Penalties
|
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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.
Minister’s 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 CD’s.
S6(6) covers presumptions for
supply for CD’s.
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 –
Minister’s approval required for granting of licences to deal in CD’s 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 CD’s in the
First Schedule, Part 1 or 2 of the Second Schedule, and Part 1 of the
Third Schedule – unless with Minister’s 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.
Minister’s 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.
Minister’s 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.
Minster’s 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.
Minister’s 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.
CD’s exempted from the
prohibition on export/import, supply, administer – eg when prescribed by
medical practitioners etc
|
Specified CD’s 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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