Common crimes
Drug offences
Introduction
How illegal drugs are classified in New Zealand
Many of the substances that are typically thought of as “illegal drugs” – those that are banned or heavily restricted and have a risk of abuse – are classified under the Misuse of Drugs Act 1975 or the Psychoactive Substances Act 2013. These pieces of legislation, the substances they apply to, and the penalties for offences under them are explained in more detail below.
Note: A wider range of drugs, in the wider sense of this term, such as unapproved medicines and contraband tobacco or alcohol (which has been smuggled into the country, does not meet local standards and/or been sold without proper payment of duties and taxes) could also be considered “illegal”. These products, however, are not the focus of this section and are covered by different laws (except where they include a controlled drug or a substance covered by the Psychoactive Substances Act).
The Misuse of Drugs Act 1975
Misuse of Drugs Act 1975, ss 2, 3A, 6, 7, 8, 35DD, Schedules 1–3
Drugs covered by the Misuse of Drugs Act are called “controlled drugs” and are divided into three classes:
Class A – These are the “hard” drugs, for example: heroin, LSD (lysergide, or “acid”), cocaine, methamphetamine (“P”), mescaline, phencyclidine (“PCP,” “angel dust”), and MDA (similar to ecstasy). These are the drugs classified as “Very high risk of harm”.
Class B – These include amphetamines (speed), MDMA (ecstasy), cannabis resin (hash), cannabis oil (hash oil), morphine, opium, ephedrine, methadone, GHB (fantasy), and oxycodone (“oxycotton”). These are the drugs classified as “High risk of harm”.
Class C – These include cannabis (marijuana, including the plant, whether fresh or dried, and its seeds), barbiturates (“downers”) like secobarbital (brand name “Seconal”) and pentobarbital (“Nembutal”), pseudoephedrine, codeine, coca leaf, and BZP (the psychoactive ingredient in most “party pills”). These are the drugs classified as “Moderate risk of harm”.
Production, supply, possession, and use of controlled drugs is prohibited, with exceptions for particular individuals and circumstances. For example, many controlled drugs are regularly prescribed for medical conditions and can be used legally in these circumstances. Products containing pseudoephedrine (a Class C drug) can even be bought from pharmacies without the need for a prescription.
Production, supply, possession, or use of controlled drugs in cases where an exemption does not apply (for example, drug dealing or recreational use) can result in criminal charges and, if you are convicted, significant penalties.
Changes in the drug classifications
How drugs are classified – and whether they’re illegal and how heavy the penalties are – can change over time. For example, before 2003, “P” (methamphetamine) was classified as a Class B drug. It is now a Class A drug.
Note: To get up-to-date information about drug classifications you can look up the Misuse of Drugs Act 1975. Go to the Schedules at the end of the Act – Schedule 1 for Class A drugs, Schedule 2 for Class B, and Schedule 3 for Class C.
