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Govt ups War on Cannabis - Misuse of Drugs Amendment 2010

Aotearoa Legalise Cannabis Party

Sunday 27 June 2010, 10:27AM

By Aotearoa Legalise Cannabis Party

341 views

Misuse of Drugs Amendment 2010.
http://www.legislation.co.nz/bill/government/2010/0126/latest/DLM2827701.html#DLM2827701

The provisions for prohibiting the importation and supply of utensils used
for the purpose of administering controlled drugs will be expanded to make
it an offence to possess utensils for the purpose of sale or supply and
prohibit the importation of incomplete utensils that, for example, require
only the addition of a metal cone for burning cannabis to become usable.
This will allow Police and Customs to more effectively enforce the utensils
provisions and minimise the visibility and availability of drug
paraphernalia.

Clause 4 amends section 22 by—

* increasing the range of actions that are offences in relation to
pipes and other utensils; and


* including identifiable components of pipes and other utensils as
items in relation to which offences may be committed.


Clause 11 amends Schedule 1 of the Customs and Excise Act 1996 to make the
references to section 22(1A) of the Misuse of Drugs Act 1975 consistent
with the amendments to that section that are made by clause 4.


Amendments to principal Act
4 Powers of Minister to prohibit importation, etc, of controlled drugs

* (1) Section 22(1A) is amended by—
o

(a) omitting "“import or supply”" and substituting
"“importation, supply, possession for the purpose of sale or supply, or
offering for sale”"; and
o

(b) omitting "“pipe or other utensil”" and substituting
"“pipe, other utensil, or identifiable component of a pipe or other
utensil”".

(2) Section 22 is amended by repealing subsection (3) and
substituting the following subsection:

o

“(3) Every person commits an offence against this Act
who—


+ “(a) supplies, possesses for the purpose of sale or
supply, or offers for sale a pipe, other utensil, or identifiable component
of a pipe or other utensil whose sale, possession for the purpose of sale
or supply, or offering for sale (as the case may be) is absolutely
prohibited by a notice issued under subsection (1A); or


+ “(b) supplies, possesses for the purpose of sale
or supply, or offers for sale a pipe, other utensil, or identifiable
component of a pipe or other utensil otherwise than in accordance with any
condition under which that pipe, other utensil, or identifiable component
of a utensil may, under a notice issued under subsection (1A), be supplied,
possessed for the purpose of sale or supply, or offered for sale (as the
case may be); or


+ “(c) imports a pipe, other utensil, or
identifiable component of a pipe or other utensil otherwise than in
accordance with any condition under which that pipe, other utensil, or
identifiable component of a pipe or other utensil may, under a notice
issued under subsection (1A), be imported.”

Customs and Excise Act 1996 consequentially amended

* (1) This section amends the Customs and Excise Act 1996.

(2) Schedule 1 is amended by omitting "“pipe or other utensil”"
and substituting "“pipe, other utensil, or identifiable component of a
pipe or other utensil”".