Drug misuse and trafficking act 1985 pdf free

For the purposes of this act and the regulations, a prohibited drug, schedule 9 substance not being a prohibited drug or prohibited plant in the order or disposition of a person, or that is in the order or disposition of the person jointly with another person by agreement between the persons, shall be deemed to be in the possession of the person. Urine drug testing udt procedures summary of requirements. A pdf version of this publication is available from the jrf website uk. However, signatories are free to criminalise use if.

Regulation under the drug misuse and trafficking act 1985. Setting up a drug consumption room joseph rowntree foundation. Dictionary defines manufacture as the making of goods or wares by manual. Drugs and drug trafficking act south african government. The penalty for an offence under pt 2 div 1 is a fine of 20 pu or imprisonment for 2 years, or both. Legislative thresholds for drug possession and traffic. It is an offence under section 10 of the drug misuse and trafficking act 1985 nsw. Drug misuse and trafficking act 1985 drug misuse and trafficking amendment methylamphetamine regulation 2015 lw 1 september 2015 document type statutory instrument. This includes any narcotic derivatives, nonprescription compound analgesics or cold medicines unless prescribed and taken at the direction of a treating practitioner.

The penalty for an offence under this division is a fine of 20 penalty units or imprisonment for a term of 2 years, or both. Section 25a of the drug misuse and trafficking act makes it an offence to supply cocaine on three or more separate occasions during any 30day period. Current version for 26 september 2019 to date accessed 17 may 2020. Attempts, conspiracies, incitements and accessories after the fact 67 34. The profession has been enriched not only by michael mchugh sc but of course his father.

Drug possession section 10 drug misuse and trafficking. Gabrielle upton, mp attorney general explanatory note the object of this regulation is to amend the table of prohibited plants and drugs in schedule 1 to the drug misuse and trafficking act 1985 to. Amended by international cooperation in criminal matters act 75 of 1996. Drug trafficking penalties across the european union emcdda.

Schedule 1 in the drug misuse and trafficking act 1985 determines if a quantity of a particular drug is a traffickable quantity. Drug misuse and trafficking act 1985 as at 26 september 2019 act 226 of 1985 table of provisions long title part 1 preliminary 1. Drug misuse and trafficking act 1985 nsw legislation. Drug misuse and trafficking act 1985 no 226 current version for 26 september 2019 to date accessed 17 may 2020 at 21. It is one of the most serious drug related offences. This offence s 7 drugs misuse act covers receiving or possessing any property, other than dangerous drugs, that is directly or indirectly obtained from offences of trafficking or supplying, even where those acts are committed outside queensland s 71b drugs misuse act. The court has also said the social consequences of the criminal trade in. Drug offences are charged under the drug misuse and. Section 18a of the drug misuse and trafficking act 1985 is advertising premises for unlawful administration of drugs and is extracted below. Drug misuse and trafficking act 1985 sect 23 offences. Drug offences and penalties in queensland queensland law. Section of the drug misuse and trafficking act 1985 is administration of drugs to others and is extracted below. Some common offences under the drug misuse and trafficking act 1985 nsw under construction research notes research note on s 16a of the bail act 20 show cause requirement case extracts.

Please feel free to email through any comments or suggested inclusions. Drug misuse and trafficking act 1985 sect 23 offences with respect to prohibited plants 23 offences with respect to prohibited plants 1 a person who a cultivates, or knowingly takes part in the cultivation of, a prohibited plant, b supplies, or knowingly takes part in the supply of, a prohibited plant, or c has a prohibited plant in his or her possession. As amended to justice legislation amendment act 2019 no 10. Drug possession is one of the most common offences dealt with in the local courts and involves having an illegal drug under your custody and control. Schedule 1 to the act specifies over 240 prohibited drugs or plants. When the quantity of drugs found in an individuals possession is above the traffickable quantity, the prosecution can rely on. Report of the independent inquiry into the misuse of drugs act 1971. Uniting medically supervised injecting centre wikipedia. Drug misuse and trafficking act 1985 as at 26 september. Drug misuse and trafficking act 1985 drug misuse and. The penalties set out in national laws for trafficking cannabis. However, there have been few attempts to date to conduct a metaanalysis.

The police must prove that the substance consumed was a prohibited drug. Penalties imposed for the offence of possess prohibited drug section 101 of the drug misuse and trafficking act 1985 nsw local court 1 april 2014 30 march 2018 penalty type cases percentage all offenders no priors all offenders no priors section 101a dismissal 2,977 2,067 7 15. Commonwealth criminal code the commonwealth criminal code is a federal law, so it applies to all of australia, including new south wales. The uniting medically supervised injecting centre kings cross also known as uniting msic or sydney medically supervised injecting centre is a state governmentsupported facility in kings cross, new south wales that provides safe injecting rooms, sterile equipment and medical supervision for individuals who wish to administer an illicit drug intravenously. Any substance that is an analogue of a drug prescribed in this schedule is not separately specified in this schedule and is, in relation to the drug, any of the followinga a structural isomer having the same constituent groups as the drug,b a structural modification obtained in one or more of the following waysi the replacement of up to 2. This section outlines the law for methamphetamine including crystal methamphetamine ice related offences in. In this act, a reference to a prohibited drug includes a reference to any preparation, admixture, extract or other substance containing any proportion of the prohibited drug. Page drug misuse and trafficking act 1985 no 226 section 21 historical version for 8. In the last 25 years, there have been a large number of studies conducted on the connection between drug misuse and crime. Click on a link below to read the relevant section of the act. The primary aim of the ddap was drug demand reduction.

Relevant offences in the drug misuse and trafficking act 1985 include. For commencement and other details see the historical notes. Criminal law duty lawyer handbook 5th edition legal aid. The 1940 drugs and cosmetics act, 1940, however, continues to apply. Sep 03, 2015 schedule 1 in the drug misuse and trafficking act 1985 determines if a quantity of a particular drug is a traffickable quantity. Drug misuse and trafficking act 1985 sect 25a offence.

Index table search search this act notes noteup download history help. This section allows the prosecution to rely on the quantity of a prohibited drug found in a persons possession to prove that the drugs were for supply. Amended by prevention of organised crime act 121 of 1998 from 21 jan 1999. Under section 25, a person who supplies, or knowingly takes part in the supply of a prohibited substance is guilty of an offence. It is also one of the most common and therefore carries severe penalties upon conviction. An act to amend the drug misuse and trafficking act 1985 and the drug misuse and trafficking regulation 2011 with respect to dealing with prohibited plants, prohibited drugs and other substances in police custody. Relationship with poisons and therapeutic goods act 1966 8a. Drug misuse and trafficking act 1985 nsw uni study guides. In commonwealth v sterling nicholas duty free 1972 126 clr 297, 309, it was.

The drug misuse and trafficking act 1985 is the main piece of legislation dealing with drug cases in nsw. The range of drugs again listed in a schedule is similar to that in. Schedule of prohibited plants and drugs drug misuse and trafficking act 1985. Section 25 of the drug misuse and trafficking act 1985 is drug supply and is extracted below. The drug misuse and trafficking amendment drug exhibits act 2016 relevantly commenced on 1 january 2017 s 2, lw 18. It amended the drug misuse and trafficking act 1985 and the drug misuse and trafficking regulation 2011 to introduce new police procedures for drug exhibits. Property obtained from trafficking or supplying drugs.

The drug misuse and trafficking act 1985 prohibits the cultivation, manufacture, supply, possession and use of certain drugs. The substantive drug offences are set out in ss 512 of the drugs misuse act. Drug misuse and trafficking act 1985 criminal drug defence. Drugs misuse act 1986 an act to consolidate and amend th e law relating to the misuse of drugs and to make further provision for the prevention of the misuse of drugs and for other purposes part 1 preliminary 1 short title this act may be cited as the drugs misuse act 1986. Our criminal lawyers are experts in defending drug charges and have a proven. Police can also charge you with deemed supply under section 29 of the drug misuse and trafficking act 1985. The misuse of drugs act 1971 is an act of the parliament of the united kingdom.

Drug misuse and trafficking act 1985 sect 10 possession of prohibited drugs 10 possession of prohibited drugs 1 a person who has a prohibited drug in his or her possession is guilty of an offence. Drug misuse and trafficking act 1985 sect 10 possession of. The drug can be supplied to one person or to different people, provided that three separate transactions occur. Drug misuse and trafficking act 1985 nsw section 24a states that. During the same time, india had enacted the narcotic drugs and psychotropic substances ndps act in 1985, which was amended thrice, latest in 2014 7. In 2010, the trial status of msic was lifted with the assent of the drug misuse and trafficking. Narcotic drugs and psychotropic substances act, 1985. Drug supply section 25 drug misuse and trafficking act. The ndps act came into force on 14 november 1985, replacing the opium acts and the dangerous drugs act. Drug misuse and trafficking act 1985 sect 25 supply of. Amended by justice laws rationalisation act 18 of 1996. Supply of prohibited drugs judicial commission of new. Amendments to the drug misuse and trafficking act 1985 nsw.

Departmental policy on the possession, use and supply of alcohol, tobacco, illegal drugs and restricted substances is governed by the following legislation. An act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the international convention on. Drug misuse and trafficking act 1985 no 226 nsw legislation. Relationship of classes to schedules in the misuse of drugs regulations 1985. Supplying a prohibited drug is an offence under section 25 of the drug misuse and trafficking act 1985 nsw.

New south wales drug misuse and trafficking act 1985, as at 6 july 2009 act 226 of 1985. A prohibited drug refers to any preparation, admixture or other substance containing the drug. Maximum penalties range from imprisonment for 10 years to life. There is no riskfree way to possess prohibited drugs. Advertising premises for unlawful administration of drugs. Drugs and drug trafficking act 140 of 1992 south african. Statute law miscellaneous provisions act no 2 2011 no 62. Drug misuse and trafficking act 1985, or schedule 4d or schedule 8 of the. Drug misuse and trafficking amendment drug exhibits bill 2016. Illicit drug trafficking is a securi ty issue because their misuse is a threat in the society because it has consequences of damaging health, the economy, political institutions and the sociocultural. The drug misuse and trafficking act 1985 covers all prohibited drugs. The court of criminal appeal has said many times that the need for general deterrence is high in cases involving dealing in and supplying prohibited drugs.

Section 1 drug misuse and trafficking act 1985 no 226 historical version for 8. Drug misuse and trafficking act 1985, public health act 2010, liquor act 2007, poisons and therapeutic goods act 1966, smoke free environment act 2000. The drug summit endorsed a recommendation that the government should not veto the establishment of a trial of medically super vised injecting rooms by nongovernment agencies. The primary aim of the ndps was to prevent and combat drug abuse and illicit trafficking, an apparent emphasis on the supply reduction. The trial was established through an amendment to the drugs misuse and trafficking act 1985 the act, which allowed the licencing of one injecting centre, at one location for a specified trial period. We would like to show you a description here but the site wont allow us. Drug misuse and trafficking act 1985 sect 4 admixtures. Misuse of drugs act 1981 contents as at 19 jul 2019 version 08a000 page v published on. Drug misuse and trafficking act 1985 sect 4 admixtures 4 admixtures.