Drug Misuse and Trafficking Act 1985 (NSW)

Does not include amendments by—

Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (amended by Crime and Criminal Procedure Legislation Amendment Act 2024 No 3) (not commenced)

See also—

Drug Misuse and Trafficking Amendment (Regulation of Personal Adult Use of Cannabis) Bill 2023 [Non-government Bill— the Hon Jeremy Buckingham, MLC]

An Act to prohibit the manufacture, supply, possession and use of certain drugs, and for related purposes.

Part 1Preliminary1Name of Act

This Act may be cited as the Drug Misuse and Trafficking Act 1985.

2Commencement(1)

Sections 1 and 2 shall commence on the date of assent to this Act.

(2)

Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette, being a day that is not earlier than the day appointed and notified under section 2 (2) of the Search Warrants Act 1985.

3Definitions(1)

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

analyst means any of the following—

(a)
a person employed by the Government of New South Wales as an analyst for the purposes of this Act (including a person employed as an analyst in the NSW Health Service),
(b)
a person who is an analyst within the meaning of the Poisons and Therapeutic Goods Act 1966,
(c)
a person who is, or belongs to a class, prescribed by the regulations for the purposes of this definition.

cannabis leaf means any plant or part of a plant of the genus Cannabis by whatever name that plant or part may be called, and includes the achene and seed of any such plant, but does not include—

(a)
cannabis oil,
(b)
any fibre of any such plant or part from which the resin has been extracted, or
(c)
cannabis plant.

cannabis oil means any liquid containing tetrahydrocannabinol.

cannabis plant means any growing plant of the genus Cannabis.

cannabis resin means the separated resin (whether crude or purified) obtained from cannabis leaf, but does not include cannabis oil.

commercial quantity, in relation to a prohibited plant or a prohibited drug, means a number or amount, if any, specified opposite the prohibited plant or prohibited drug in Column 4 of Schedule 1.

cultivate, in relation to a prohibited plant, includes—

(a)
sow or scatter the seed produced by the prohibited plant, and
(b)
plant, grow, tend, nurture or harvest the prohibited plant.

cultivation by enhanced indoor means, in relation to a prohibited plant, means cultivation of the plant—

(a)
that occurs inside a building or structure, and
(b)
that involves any one or more of the following—
- (i)
  the nurture of the plant in nutrient-enriched water (with or without mechanical support),
- (ii)
  the application of an artificial source of light or heat,
- (iii)
  suspending the plant’s roots and spraying them with nutrient solution.

discrete dosage unit, in relation to a prohibited drug, means an amount of the prohibited drug, not greater than the amount, if any, specified opposite the prohibited drug in Column 6 of Schedule 1, which is prepared or apparently prepared for the purpose of being administered as a single dose.

drug encapsulator means a device that is capable of being used to produce a prohibited drug in a capsule or similar form, and includes a unique part of any such device.

heroin means diamorphine and includes the salts of diamorphine.

indictable quantity, in relation to a prohibited plant or a prohibited drug, means the number or amount, if any, specified opposite the prohibited plant or prohibited drug in Column 3 of Schedule 1.

low-THC hemp has the same meaning as in the Hemp Industry Act 2008.

manufacture, in relation to a prohibited drug, includes the process of extracting or refining the prohibited drug.

owner, in relation to any premises, includes the person entitled to receive the rent of the premises and the person to whom the rent of the premises is paid.

Poisons List means the list proclaimed under section 8 of the Poisons and Therapeutic Goods Act 1966, being that list as in force for the time being.

premises includes any structure, building, aircraft, vehicle, vessel or place (whether built upon or not), and any part of any such structure, building, aircraft, vehicle, vessel or place.

prepared opium means any preparation of opium in a form capable of being used for the purpose of smoking, and includes dross and any other residues remaining after opium has been smoked.

profession includes business, trade and industry.

prohibited drug means any substance, other than a prohibited plant, specified in Schedule 1.

prohibited plant means—

(a)
a cannabis plant cultivated by enhanced indoor means, or
(a1)
a cannabis plant cultivated by any other means, or
(b)
any growing plant of the genus Erythroxylon or of the species Papaver Somniferum, Papaver orientale or Papaver bracteatum, or
(c)
any growing plant of a description specified in an order in force under subsection (2),

but does not include any growing plant, referred to in paragraph (a), (a1) or (b), of a description prescribed for the purposes of this definition.

psychoactive substance—see section 36ZD.

regulations means regulations made under this Act.

Schedule 9 substance means a Schedule 9 substance within the meaning of the Poisons and Therapeutic Goods Act 1966.

sell includes sell whether by wholesale or retail and barter and exchange, and also includes dealing in, agreeing to sell, or offering or exposing for sale, or keeping or having in possession for sale, or sending, forwarding, delivering or receiving for sale or on sale, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.

small quantity, in relation to a prohibited plant or a prohibited drug, means the number or amount, if any, specified opposite the prohibited plant or prohibited drug in Column 2 of Schedule 1.

substance includes preparation and admixture and all salts, isomers, esters or ethers of any substance and all salts of those isomers, esters and ethers.

supply includes sell and distribute, and also includes agreeing to supply, or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.

tablet press means a device that is capable of being used to produce a prohibited drug in a pill, tablet or other similar form, and includes a unique part of such a device.

traffickable quantity, in relation to a prohibited plant or a prohibited drug, means the number or amount, if any, specified opposite the prohibited plant or prohibited drug in Column 1 of Schedule 1.

veterinary practitioner has the same meaning as in the Veterinary Practice Act 2003.

wholesale means supply for the purposes of resale.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

For the purposes of paragraph (c) of the definition of prohibited plant in subsection (1), the Minister may, by order published in the Gazette, declare any description of any plant that in the opinion of the Minister is capable of being used for the purpose of producing a prohibited drug to be a prohibited plant.

(3)

Notes included in this Act do not form part of this Act.

s 3: Am 1986, Sch 2 (1); 1988 No 17, Sch 1 (1); 1998 No 102, Sch 3.3 [1]; 2002 No 103, Sch 4.25 [1]; 2003 No 45, Sch 2.2 [1]–[3]; 2003 No 87, Sch 3.8 [1]; 2006 No 57, Sch 1 [1]–[4]; 2006 No 59, Sch 7.3; 2008 No 58, Sch 2.1 [1]; 2009 No 106, Sch 2.8; 2010 No 34, Sch 2.14 [1]; 2013 No 70, Sch 1 [1]; 2013 No 80, Sch 6 [1]; 2014 No 59, Sch 1.7 [1]; 2016 No 6, Sch 1 [1]; 2016 No 27, Sch 2.13; 2016 No 37, Sch 1.1 [1]; 2017 No 50, Sch 5.9.

4Admixtures

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.

5Meaning of “use” and “administer”

In this Act, a reference to the use or administration of a prohibited drug includes a reference to the ingestion, injection and inhalation of a prohibited drug, the smoking of a prohibited drug, the inhalation of fumes caused by the heating or burning of a prohibited drug and any other means of introducing a prohibited drug into any part of the body of a person.

6Meaning of “take part in”

For the purposes of this Act and the regulations, a person takes part in the cultivation or supply of a prohibited plant or the manufacture, production or supply of a prohibited drug or psychoactive substance if—

(a)
the person takes, or participates in, any step, or causes any step to be taken, in the process of that cultivation, manufacture, production or supply,
(b)
the person provides or arranges finance for any such step in that process, or
(c)
the person provides the premises in which any such step in that process is taken, or suffers or permits any such step in that process to be taken in premises of which the person is the owner, lessee or occupier or in the management of which the person participates.

s 6: Am 2013 No 70, Sch 1 [2].

7Deemed possession of prohibited drug etc

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.

s 7: Am 2001 No 30, Sch 3; 2013 No 70, Sch 1 [3].

8Relationship with Poisons and Therapeutic Goods Act 1966

Nothing in this Act affects any provision made by or under the Poisons and Therapeutic Goods Act 1966 or renders unlawful anything done in accordance with any such provision.

s 8: Am 2009 No 106, Sch 2.8.

8ARelationship with Hemp Industry Act 2008(1)

Nothing in this Act affects any provision of or made under the Hemp Industry Act 2008 or renders unlawful anything done in accordance with any such provision.

(2)

Without limiting the generality of subsection (1), nothing in this Act renders unlawful—

(a)
cultivating or supplying, or taking part in cultivating or supplying, low-THC hemp under the authority conferred by the Hemp Industry Act 2008, or
(b)
manufacturing or producing, or taking part in manufacturing or producing, low-THC hemp or anything containing low-THC hemp if that hemp was cultivated or supplied under the authority conferred by the Hemp Industry Act 2008 or under a corresponding authority, or
(c)
possessing low-THC hemp or anything containing low-THC hemp if that hemp was cultivated or supplied under the authority conferred by the Hemp Industry Act 2008 or under a corresponding authority.

(3)

In this section, corresponding authority has the same meaning as in the Hemp Industry Act 2008.

s 8A: Ins 2008 No 58, Sch 2.1 [2].

8BRelationship with Poppy Industry Act 2016

Nothing in this Act affects any provision of or made under the Poppy Industry Act 2016 or renders unlawful anything done in accordance with any such provision.

s 8B: Ins 2016 No 37, Sch 1.1 [2].

Part 2OffencesDivision 1Summary offences9Summary prosecution

An offence under this Division shall be prosecuted summarily before the Local Court.

s 9: Am 2001 No 121, Sch 2.88 [1]; 2007 No 94, Sch 2.

10Possession of prohibited drugs(1)

A person who has a prohibited drug in his or her possession is guilty of an offence.

(2)

Nothing in this section renders unlawful the possession of a prohibited drug by—

(a)
a person licensed or authorised to have possession of the prohibited drug under the Poisons and Therapeutic Goods Act 1966,
(a1)
a person acting under a poppy licence under the Poppy Industry Act 2016,
(b)
a person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the possession of the prohibited drug is for the purpose of scientific research, instruction, analysis or study,
(b1)
a person acting in accordance with a direction given by the Commissioner of Police under section 39Q,
(c)
a person for or to whom the prohibited drug has been lawfully prescribed or supplied, or
(d)
a person who—
- (i)
  has the care of, or is assisting in the care of, another person for or to whom the prohibited drug has been lawfully prescribed or supplied, and
- (ii)
  has the prohibited drug in his or her possession for the sole purpose of administering, or assisting in the self-administration of, the prohibited drug to the other person in accordance with the prescription or supply.

s 10: Am 1986 No 47, Sch 2 (2); 1997 No 87, Sch 2 [1] [2]; 1998 No 160, Sch 1 [1]; 2009 No 106, Sch 2.8; 2016 No 6, Sch 1 [2]; 2016 No 37, Sch 1.1 [3]; 2020 No 30, Sch 2.13.

11Possession of equipment for administration of prohibited drugs(1)

A person who has in his or her possession any item of equipment for use in the administration of a prohibited drug is guilty of an offence.

(1A)

Subsection (1) does not apply to or in respect of a hypodermic syringe or a hypodermic needle.

(1B)

Subsection (1) does not apply to or in respect of a person prescribed by the regulations, or a person who is of a class of persons prescribed by the regulations, who has in his or her possession any item of equipment that is required to minimise health risks associated with the intravenous administration of a prohibited drug.

(2)

Nothing in this section renders unlawful the possession of an item of equipment by—

(a)
a medical practitioner, dentist, veterinary practitioner, pharmacist, registered nurse or registered midwife acting in the ordinary course of his or her profession,
(b)
a member of any other prescribed profession acting in the ordinary course of that profession,
(c)
a person licensed or authorised to have possession of the item of equipment under the Poisons and Therapeutic Goods Act 1966,
(d)
a person authorised to have possession of the item of equipment by the Secretary of the Department of Health, or
(e)
a person for use in the administration of a prohibited drug lawfully prescribed or supplied.

s 11: Am 1987 No 48, Sch 7; 1987 No 145, sec 2; 1995 No 23, Sch 1.5 [1]; 2003 No 45, Sch 2.2 [4]; 2003 No 87, Sch 3.8 [2]; 2009 No 106, Sch 2.8; 2010 No 34, Sch 2.14 [2] [3].

11ASale, supply and display of waterpipes and ice pipes(1)

In this section—

ice pipe means—

(a)
a device capable of being used for the administration of a prohibited drug by means of the smoking or inhaling of the smoke or fumes resulting from the heating or burning of the drug in a crystal or powder form, or
(b)
a device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification or addition,

and includes a device known as an ice pipe or a crack pipe, but does not include a device of a class or description prescribed by the regulations as not being an ice pipe for the purposes of this section.

shop includes—

(a)
so much of a building or place as is used for the sale, or supply in the course of commercial transactions, of goods, and
(b)
a stall or other structure used for such sale or supply of goods at a market or elsewhere,

but does not include anything prescribed by the regulations as not being a shop for the purposes of this section.

waterpipe means—

(a)
a device capable of being used for the administration of a prohibited drug, by means of the drawing of smoke or fumes (resulting from the heating or burning of the drug) through water or another liquid, or
(b)
a device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification or addition,

and includes a device known as a bong, but does not include a device of a class or description prescribed by the regulations as not being a waterpipe for the purposes of this section.

(2)

A person who—

(a)
sells a waterpipe or an ice pipe, or
(b)
supplies a waterpipe or an ice pipe in the course of or in connection with a commercial transaction,

is guilty of an offence.

(3)

A person who displays a waterpipe or an ice pipe—

(a)
in a shop, or
(b)
near but in connection with a shop,

is guilty of an offence, unless the person satisfies the court that the display was not for a commercial purpose.

(4)

For the purposes of this section, it is immaterial that the waterpipe or ice pipe was used or intended to be used for a purpose other than the administration of a prohibited drug.

s 11A: Ins 1987 No 156, sec 3. Am 2006 No 39, Sch 1 [1]–[3].

11BPossession of tablet press or drug encapsulator(1)

A person who has in his or her possession a tablet press or drug encapsulator is guilty of an offence.

(2)

It is a defence to a prosecution for an offence under subsection (1) if the defendant establishes—

(a)
that the tablet press or drug encapsulator is used in connection with an activity that is not unlawful, or
(b)
that the defendant otherwise has a reasonable excuse for possessing the tablet press or drug encapsulator.

s 11B: Ins 2006 No 107, Sch 1.15 [1]. Am 2013 No 80, Sch 6 [2]–[4]

11CPossession of instructions for manufacture or production of prohibited drugs(1)

A person who has in his or her possession a document that contains instructions for the manufacture or production of a prohibited drug is guilty of an offence.

(2)

It is a defence to a prosecution for an offence under subsection (1) if the defendant establishes—

(a)
that the defendant is licensed or authorised under the Poisons and Therapeutic Goods Act 1966 to manufacture or produce the prohibited drug to which the instructions relate, or
(b)
that the defendant is acting in accordance with an authority granted by the Director-General of the Department of Health where the Director-General is satisfied that the manufacture or production of the prohibited drug to which the instructions relate is for the purpose of scientific research, instruction, analysis or study, or
(c)
that the defendant is in possession of the document for the purposes of an activity that is not unlawful, or
(d)
that the defendant otherwise has a reasonable excuse for possessing the document.

s 11C: Ins 2007 No 57, Sch 4 [1].

12Self-administration of prohibited drugs(1)

A person who administers or attempts to administer a prohibited drug to himself or herself is guilty of an offence.

(2)

Nothing in this section renders unlawful the administration or attempted administration by a person to himself or herself of a prohibited drug which has been lawfully prescribed for or supplied to the person.

13Administration of prohibited drugs to others(1)

A person who administers or attempts to administer a prohibited drug to another person is guilty of an offence.

(2)

Nothing in this section renders unlawful the administration or attempted administration of a prohibited drug to another person by—

(a)
a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966, or
(b)
a person authorised to do so by the Secretary of the Department of Health.

(3)

Nothing in this section renders unlawful the administration or attempted administration of a prohibited drug to a person for or to whom the prohibited drug has been lawfully prescribed or supplied.

s 13: Am 1986 No 47, Sch 2 (3); 2009 No 106, Sch 2.8.

14Permitting another to administer prohibited drugs(1)

A person who permits another person to administer or attempt to administer to him or her a prohibited drug is guilty of an offence.

(2)

Nothing in this section renders unlawful the giving of permission for the administration or attempted administration of a prohibited drug by a person for whom or to whom the prohibited drug has been lawfully prescribed or supplied.

15Forging etc prescriptions

A person who forges or fraudulently alters or utters, knowing it to be forged or fraudulently altered, a prescription of a medical practitioner, nurse practitioner, midwife practitioner or veterinary practitioner including a prohibited drug is guilty of an offence.

s 15: Am 1998 No 102, Sch 3.3 [2]; 2003 No 45, Sch 2.2 [5]; 2003 No 87, Sch 3.8 [2].

16Obtaining etc prescription by false representation

A person—

(a)
who knowingly by any false representation (whether verbal, or in writing, or by conduct)—

- (i)
  obtains from a medical practitioner, nurse practitioner, midwife practitioner or veterinary practitioner a prescription including a prohibited drug, or
- (ii)
  induces a pharmacist to dispense a forged or fraudulently altered prescription obtained in contravention of this paragraph knowing it to be forged or so altered or obtained, or
(b)
who is in actual possession of a forged or fraudulently altered prescription including a prohibited drug or a prescription obtained in contravention of paragraph (a), knowing it to be forged or so altered or so obtained,

is guilty of an offence.

s 16: Am 1998 No 102, Sch 3.3 [2]; 2003 No 45, Sch 2.2 [6]; 2003 No 87, Sch 3.8 [2].

17Obtaining prohibited drug by false representation

A person who knowingly by any false representation (whether verbal, or in writing, or by conduct), obtains or attempts to obtain a prohibited drug from a medical practitioner, nurse practitioner, midwife practitioner, dentist, pharmacist or veterinary practitioner is guilty of an offence.

s 17: Am 1986 No 47, Sch 2 (4); 1998 No 102, Sch 3.3 [3]; 2003 No 45, Sch 2.2 [7]; 2003 No 87, Sch 3.8 [2].

18Obtaining prohibited drugs from medical practitioners, nurse practitioners or midwife practitioners(1)

A person who, by any representation (whether verbal, or in writing, or by conduct), obtains or attempts to obtain—

(a)
a prohibited drug, or
(b)
a prescription that includes a prohibited drug,

from an authorised person without previously informing the authorised person of the quantity of that or any other prohibited drug or prohibited drugs for which the person has obtained prescriptions from authorised persons within the period of 2 months immediately preceding the time of the representation, where the failure or refusal to inform the authorised person is made with intent to deceive the authorised person, is guilty of an offence.

(2)

In this section—

authorised person means a medical practitioner, nurse practitioner or midwife practitioner.

s 18: Subst 1986 No 47, Sch 2 (5). Am 1998 No 102, Sch 3.3 [4]–[7]; 2003 No 45, Sch 2.2 [8].

18AAdvertising or holding out that premises are available for use for unlawful administration of prohibited drugs(1)

A person responsible for any premises is guilty of an offence if—

(a)
the person advertises or holds out in any way that the premises are available for use for the administration of prohibited drugs (whether or not for financial or material reward), or
(b)
the person causes, suffers or permits any other person to advertise or hold out in any way that the premises are available for use for the administration of prohibited drugs (whether or not for financial or material reward).

(2)

For the purposes of this section, a person is responsible for premises if the person is the owner, lessee or occupier of the premises, or if the person participates in the management of the premises.

(3)

This section does not apply to or in respect of a licensed injecting centre within the meaning of Part 2A.

s 18A: Ins 1999 No 67, Sch 2.

18BManufacture, production, possession and supply of certain Schedule 9 substances(1)

A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, a Schedule 9 substance (not being a prohibited drug within the meaning of this Act) is guilty of an offence.

(2)

A person who supplies, or who knowingly takes part in the supply of, a Schedule 9 substance (not being a prohibited drug within the meaning of this Act) is guilty of an offence.

(3)

A person who has in his or her possession a Schedule 9 substance (not being a prohibited drug within the meaning of this Act) is guilty of an offence.

Maximum penalty (subsection (3)): 20 penalty units or imprisonment for 12 months, or both.

(4)

Nothing in this section renders unlawful the manufacture, production, possession or supply of a Schedule 9 substance (not being a prohibited drug) by—

(a)
a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966, or
(b)
a person in accordance with an authorisation given by the Secretary of the Ministry of Health under section 17D of that Act,

or renders unlawful the taking part by any other person in the manufacture, production or supply of such a substance by a person to whom paragraph (a) or (b) applies or the possession of the substance by the other person for those purposes.

s 18B: Ins 2014 No 59, Sch 1.7 [2].

19Aiding, abetting etc commission of offence in New South Wales(1)

A person who aids, abets, counsels, procures, solicits or incites the commission of an offence under this Division is guilty of an offence and liable to the same punishment, pecuniary penalties and forfeiture as the person would be if the person had committed the firstmentioned offence.

(2)

A person does not commit an offence because of this section for any act or omission that is an offence under section 43B.

s 19: Am 2012 No 97, Sch 1.7 [1].

20Aiding, abetting etc commission of offence outside New South Wales(1)

A person who, in New South Wales, aids, abets, counsels, procures, solicits or incites the commission of an offence in any place outside New South Wales, being an offence punishable under the provisions of a law in force in that place which corresponds to a provision of this Division, is guilty of an offence and liable to the same punishment, pecuniary penalties and forfeiture as the person would be if the person had committed the firstmentioned offence in New South Wales.

(2)

A person does not commit an offence because of this section for any act or omission that is an offence under section 43B.

s 20: Am 1998 No 149, Sch 2.7 [1]; 2012 No 97, Sch 1.7 [2].

21Penalties

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, except as otherwise expressly provided by this Division.

s 21: Am 1988 No 17, Sch 1 (2); 2014 No 59, Sch 1.7 [3].

Division 2Indictable offences22Indictable prosecution(1)

Subject to the provisions of this Division and the Criminal Procedure Act 1986, an offence under this Division is to be prosecuted on indictment.

(2)

(Repealed)

s 22: Am 2001 No 121, Sch 2.88 [2]; 2006 No 39, Sch 1 [4]; 2006 No 120, Sch 2.23.

23Offences 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,

is guilty of an offence.

(1A)

A person who—

(a)
cultivates by enhanced indoor means, or knowingly takes part in the cultivation by enhanced indoor means of, a number of prohibited plants which is—
- (i)
  not less than the small quantity applicable to the prohibited plants, and
- (ii)
  less than the commercial quantity applicable to those prohibited plants, and
(b)
cultivates, or knowingly takes part in the cultivation of, those prohibited plants for a commercial purpose,

is guilty of an offence.

(1B)

If, on the trial of a person for an offence under subsection (1A), the jury is not satisfied that the number of prohibited plants involved is equal to or more than the small quantity applicable to the prohibited plants, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) (a), and the person is liable to punishment accordingly.

(1C)

If, on the trial of a person for an offence under subsection (1A), the jury is not satisfied that the person cultivated, or knowingly took part in the cultivation of, a prohibited plant for a commercial purpose, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) (a), and the person is liable to punishment accordingly.

(2)

A person who—

(a)
cultivates, or knowingly takes part in the cultivation of, a number of prohibited plants which is not less than the commercial quantity applicable to prohibited plants,
(b)
supplies, or knowingly takes part in the supply of, a number of prohibited plants which is not less than the commercial quantity applicable to prohibited plants, or
(c)
has a number of prohibited plants in his or her possession which is not less than the commercial quantity applicable to prohibited plants,

is guilty of an offence.

(3)

If, on the trial of a person for an offence under subsection (2) (other than in relation to the cultivation of prohibited plants by enhanced indoor means), the jury is not satisfied that the number of prohibited plants involved is equal to or more than the commercial quantity applicable to the prohibited plants, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1), and the person is liable to punishment accordingly.

(3A)

If, on the trial of a person for an offence under subsection (2) in relation to the cultivation of prohibited plants by enhanced indoor means, the jury is not satisfied that the number of prohibited plants involved is equal to or more than the commercial quantity applicable to the prohibited plants, the jury may acquit the person of the offence charged and find the person guilty of—

(a)
an offence under subsection (1A), if the jury is satisfied that the person contravened subsection (1A), or
(b)
an offence under subsection (1) (a), if the jury is not satisfied that the person contravened subsection (1A), but is satisfied that the person contravened subsection (1) (a),

and the person is liable to punishment accordingly.

(4)

Nothing in this section renders unlawful any act relating to the cultivation, supply or possession of a prohibited plant by—

(a)
a person—
- (i)
  who informs the court before which the person is prosecuted that the person proposes to adduce evidence as referred to in subparagraph (ii), and
- (ii)
  who adduces evidence which satisfies the court that, having regard to all the circumstances, including the person’s conduct, in which the act constituting the offence was done or preparatory to the doing of the act, the person did not know or suspect and could not reasonably be expected to have known or suspected that the prohibited plant was a prohibited plant, or
(a1)
a person acting under a poppy licence or poppy permit under the Poppy Industry Act 2016, or
(b)
a person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the cultivation, supply or possession of the prohibited plant is for the purpose of scientific research, instruction, analysis or study, or
(c)
a person acting in accordance with a direction given by the Commissioner of Police under section 39Q.

(5)

Where a person informs a court as referred to in subsection (4) (a) (i), evidence of any previous conviction of the person for any offence, being evidence which may intend to rebut the evidence referred to in subsection (4) (a) (ii), may, with the leave of the court, be adduced by the prosecutor.

(6)

In this section and section 23A, cultivating a prohibited plant for a commercial purpose includes cultivating the plant—

(a)
with the intention of selling it or any of its products, or
(b)
with the belief that another person intends to sell it or any of its products.

s 23: Am 1986 No 47, Sch 2 (6); 1998 No 160, Sch 1 [2]; 2006 No 57, Sch 1 [5]–[7]; 2016 No 6, Sch 1 [2]; 2016 No 37, Sch 1.1 [4]; 2020 No 30, Sch 2.13.

23AOffences with respect to enhanced indoor cultivation of prohibited plants in presence of children(1)

A person who—

(a)
cultivates, or knowingly takes part in the cultivation of, a prohibited plant by enhanced indoor means, and
(b)
exposes a child to that cultivation process, or to substances being stored for use in that cultivation process,

is guilty of an offence.

(2)

A person who—

(a)
cultivates, or knowingly takes part in the cultivation of, a number of prohibited plants by enhanced indoor means which is not less than the commercial quantity applicable to those plants, and
(b)
exposes a child to that cultivation process, or to substances being stored for use in that cultivation process,

is guilty of an offence.

(3)

A person who—

(a)
cultivates by enhanced indoor means, or knowingly takes part in the cultivation by enhanced indoor means of, a number of prohibited plants which is—
- (i)
  not less than the small quantity applicable to the prohibited plants, and
- (ii)
  less than the commercial quantity applicable to those prohibited plants, and
(b)
cultivates, or knowingly takes part in the cultivation of, those prohibited plants for a commercial purpose, and
(c)
exposes a child to that cultivation process, or to substances being stored for use in that cultivation process,

is guilty of an offence.

(4)

If, on the trial of a person for an offence under subsection (2), the jury is not satisfied that the number of prohibited plants involved is equal to or more than the commercial quantity applicable to the prohibited plants, the jury may acquit the person of the offence charged and find the person guilty of—

(a)
an offence under subsection (3), if the jury is satisfied that the person contravened subsection (3), or
(b)
an offence under subsection (1), if the jury is not satisfied that the person contravened subsection (3), but is satisfied that the person contravened subsection (1),

and the person is liable to punishment accordingly.

(5)

If, on the trial of a person for an offence under subsection (3), the jury is not satisfied that the person cultivated, or knowingly took part in the cultivation of, a prohibited plant for a commercial purpose, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1), and the person is liable to punishment accordingly.

(6)

It is a defence to a prosecution for an offence under subsection (1), (2) or (3) if the defendant establishes that the exposure of the child to the prohibited plant cultivation process, or to substances being stored for use in that process, did not endanger the health or safety of the child.

(7)

If, on the trial of a person for an offence under subsection (1), (2) or (3), the jury—

(a)
is not satisfied that a child was exposed to the cultivation of a prohibited plant by enhanced indoor means, or to substances being stored for use in such a cultivation process, or
(b)
is satisfied that the defence referred to in subsection (6) has been made out,

the jury may acquit the person of the offence charged and find the person guilty of an offence under section 23 (1) (a), (2) (a) or (1A), respectively, and the person is liable to punishment accordingly.

(8)

In this section, child means a person who is under the age of 16 years.

s 23A: Ins 2006 No 57, Sch 1 [8].

24Manufacture and production of prohibited drugs(1)

A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug is guilty of an offence.

(1A)

A person who—

(a)
manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug, and
(b)
exposes a child to that manufacturing or production process, or to substances being stored for use in that manufacturing or production process,

is guilty of an offence.

(2)

A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, an amount of a prohibited drug which is not less than the commercial quantity applicable to the prohibited drug is guilty of an offence.

(2A)

A person who—

(a)
manufactures or produces, or who knowingly takes part in the manufacture or production of, an amount of a prohibited drug which is not less than the commercial quantity applicable to the prohibited drug, and
(b)
exposes a child to that manufacturing or production process, or to substances being stored for use in that manufacturing or production process,

is guilty of an offence.

(3)

If, on the trial of a person for an offence under subsection (2) or (2A), the jury are not satisfied that the amount of prohibited drug involved is equal to or more than the commercial quantity applicable to the prohibited drug, the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) or (1A), respectively, and the person is liable to punishment accordingly.

(3A)

It is a defence to a prosecution for an offence under subsection (1A) or (2A) if the defendant establishes that the exposure of the child to the prohibited drug manufacturing or production process, or to substances being stored for use in that manufacturing or production process, did not endanger the health or safety of the child.

(3B)

If, on the trial of a person for an offence under subsection (1A) or (2A), the jury—

(a)
is not satisfied that a child was exposed to a prohibited drug manufacturing or production process, or to substances being stored for use in such a manufacturing or production process, or
(b)
is satisfied that the defence referred to in subsection (3A) has been made out,

the jury may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) or (2), respectively, and the person is liable to punishment accordingly.

(4)

Nothing in this section renders unlawful the manufacture or production of a prohibited drug by—

(a)
a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966, or
(a1)
a person acting under a poppy licence under the Poppy Industry Act 2016, or
(b)
a person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the manufacture or production of the prohibited drug is for the purpose of scientific research, instruction, analysis or study,

or renders unlawful the taking part by any other person in the manufacture or production of a prohibited drug by a person to whom paragraph (a), (a1) or (b) applies.

(5)

In this section, child means a person who is under the age of 16 years.

s 24: Am 1986 No 47, Sch 2 (7); 2006 No 39, Sch 1 [5]–[8]; 2009 No 106, Sch 2.8; 2016 No 37, Sch 1.1 [5] [6].

24APossession of precursors and certain apparatus for manufacture or production of prohibited drugs(1)

A person who has possession of—

(a)
a precursor, or
(b)
a drug manufacture apparatus,

intended by the person for use in the manufacture or production, by that person or another person, of a prohibited drug is guilty of an offence.

(2)

Nothing in this section renders unlawful the possession of a precursor or drug manufacture apparatus for use in the manufacture or production of a prohibited drug by—

(a)
a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966, or
(a1)
a person acting under a poppy licence under the Poppy Industry Act 2016, or
(b)
a person acting in accordance with an authority granted by the Director-General of the Department of Health where the Director-General is satisfied that the manufacture or production of the prohibited drug is for the purpose of scientific research, instruction, analysis or study.

(2A)

(Repealed)

(3)

In this section—

drug manufacture apparatus means an apparatus specified or described in the regulations as a drug manufacture apparatus for the purposes of this section.

precursor means a substance specified or described in the regulations as a precursor for the purposes of this section.

s 24A: Ins 2000 No 107, Sch 1 [1]. Am 2001 No 117, Sch 8; 2006 No 39, Sch 1 [9]; 2006 No 107, Sch 1.15 [2]; 2007 No 57, Sch 4 [2] [3]; 2016 No 37, Sch 1.1 [7]–[9].

24BPossession of prohibited drug precursors(1)

A person who has in his or her possession a precursor of a quantity not less than the quantity prescribed by the regulations in relation to that precursor is guilty of an offence.

(2)

It is a defence to a prosecution for an offence under subsection (1) if the defendant establishes—

(a)
that the defendant is in possession of the precursor for the purposes of an activity that is not unlawful, or
(b)
that the defendant otherwise has a reasonable excuse for possessing the precursor.

(3)

In this section, precursor means a substance—

(a)
that is capable of being used to manufacture or produce a prohibited drug, and
(b)
that is specified or described in the regulations as a precursor for the purposes of this section.

s 24B: Ins 2007 No 57, Sch 4 [4].

25Supply of prohibited drugs(1)

A person who supplies, or who knowingly takes part in the supply of, a prohibited drug is guilty of an offence.

(1A)

A person of or above the age of 18 years who supplies, or who knowingly takes part in the supply of, a prohibited drug (other than cannabis leaf) to a person under the age of 16 years is guilty of an offence.

(2)

A person who supplies, or who knowingly takes part in the supply of, an amount of a prohibited drug which is not less than the commercial quantity applicable to the prohibited drug is guilty of an offence.

(2A)

A person of or above the age of 18 years who supplies, or who knowingly takes part in the supply of, an amount of a prohibited drug (other than cannabis leaf) which is not less than the commercial quantity applicable to the prohibited drug to a person under the age of 16 years is guilty of an offence.

(2B)

Where, on the trial of a person for an offence under subsection (1A) or (2A), the jury are satisfied that the person charged had, at the time the offence is alleged to have been committed, reasonable cause to believe, and did in fact believe, that the person to whom the prohibited drug was supplied was of or above the age of 16 years, they may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) or (2), respectively, and the person is liable to punishment accordingly.

(2C)

A person of or above the age of 18 years who procures a person under the age of 16 years to supply, or take part in the supply of, a prohibited drug (other than cannabis leaf) to another person is guilty of an offence.

(2D)

A person of or above the age of 18 years who procures a person under the age of 16 years to supply, or take part in the supply of, an amount of a prohibited drug (other than cannabis leaf) which is not less than the commercial quantity applicable to the prohibited drug is guilty of an offence.

(2E)

It is a defence to a prosecution for an offence under subsection (2C) or (2D) if the defendant establishes that the defendant had, at the time the offence is alleged to have been committed, reasonable cause to believe, and did in fact believe, that the person who was procured to supply, or take part in the supply of, the prohibited drug was of or above the age of 16 years.

(3)

Where, on the trial of a person for an offence under subsection (2) or (2D), the jury are not satisfied that the amount of prohibited drug involved is equal to or more than the commercial quantity applicable to the prohibited drug, they may acquit the person of the offence charged and find the person guilty of an offence under subsection (1) or (2C), respectively, and the person shall be liable to punishment accordingly.

(4)

Nothing in this section renders unlawful the supply of a prohibited drug by—

(a)
a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966, or
(b)
a person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the supply of the prohibited drug is for the purpose of scientific research, instruction, analysis or study, or
(b1)
a police officer to a person who has been granted an authority mentioned in section 10(2)(b) to possess the prohibited drug, or
(c)
a person acting in accordance with a direction given by the Commissioner of Police under section 39Q,

or renders unlawful the taking part by any other person in the supply of a prohibited drug by a person to whom this subsection applies.

(5)

Nothing in this section renders unlawful the administration of a prohibited drug to a person being cared for by another person in the circumstances described in section 10 (2) (d).

s 25: Am 1986 No 47, Sch 2 (8); 1995 No 23, Sch 1.5 [2] [3]; 1997 No 87, Sch 2 [3]; 1998 No 160, Sch 1 [3] [4]; 2006 No 39, Sch 1 [10]–[12]; 2009 No 106, Sch 2.8; 2016 No 6, Sch 1 [2]; 2020 No 30, Sch 2.13; 2024 No 3, Sch 6[1] [2].

25AOffence of supplying prohibited drugs on an ongoing basis(1)

A person who, on 3 or more separate occasions during any period of 30 consecutive days, supplies a prohibited drug (other than cannabis) for financial or material reward is guilty of an offence.

Maximum penalty—3,500 penalty units or imprisonment for 20 years, or both.

(2)

A person is liable to be convicted of an offence under this section whether or not the same prohibited drug is supplied on each of the occasions relied on as evidence of commission of the offence.

(3)

If, on the trial of a person for an offence under this section, more than 3 occasions of supplying a prohibited drug are relied on as evidence of commission of the offence, all the members of the jury must be satisfied as to the same 3 occasions in order to find the person guilty of the offence.

(4)

If, on the trial of a person for an offence under this section, the jury is not satisfied that the offence is proven but is satisfied that the person has, in respect of any of the occasions relied on as evidence of commission of the offence under this section, committed a relevant supply offence, the jury may acquit the person of the offence charged and find the person guilty of the relevant supply offence, and the person is liable to punishment accordingly.

(5)

A person who has been convicted of an offence under this section is not liable to be convicted—

(a)
of a relevant supply offence, or
(b)
of a separate offence under this section,

on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been convicted.

(6)

A person who has been acquitted of an offence under this section is not liable to be convicted—

(a)
except as provided by subsection (4)—of a relevant supply offence, or
(b)
of a separate offence under this section,

on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been acquitted.

(7)

A person who has been—

(a)
convicted of a relevant supply offence, or
(b)
acquitted of a relevant supply offence,

is not liable to be convicted for an offence under this section on the same, or substantially the same, facts as those relied on as evidence of commission of the relevant supply offence.

(8)

Subject to subsections (5) and (6), this section does not—

(a)
remove the liability of any person to be convicted of a relevant supply offence, or
(b)
affect the punishment that may be imposed for any such offence.

(9)

Nothing in this section renders unlawful the supply of a prohibited drug by—

(a)
a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966, or
(b)
a person acting in accordance with an authority granted by the Director-General of the Department of Health where the Director-General is satisfied that the supply of the prohibited drug is for the purpose of scientific research, instruction, analysis or study.

(10)

In this section—

cannabis means cannabis leaf, cannabis oil, cannabis plant and cannabis resin.

relevant supply offence means any offence under this Act (other than under this section) relating to the supply of a prohibited drug.

s 25A: Ins 1998 No 73, Sch 1.

25B

(Repealed)

s 25B: Ins 2013 No 70, Sch 1 [4]. Rep 2014 No 59, Sch 1.7 [4].

26Conspiring

A person who conspires with another person or other persons to commit an offence under this Division is guilty of an offence and liable to the same punishment, pecuniary penalties and forfeiture as the person would be if the person had committed the firstmentioned offence.

27Aiding, abetting etc commission of offence in New South Wales(1)

A person who aids, abets, counsels, procures, solicits or incites the commission of an offence under this Division is guilty of an offence and liable to the same punishment, pecuniary penalties and forfeiture as if the person had committed the firstmentioned offence.

(2)

A person does not commit an offence because of this section for any act or omission that is an offence under section 43B.

s 27: Am 2012 No 97, Sch 1.7 [3].

28Conspiring to commit and aiding etc commission of offence outside New South Wales(1)

A person who, in New South Wales—

(a)
conspires with another person or persons to commit an offence in any place outside New South Wales, being an offence punishable under the provisions of a law in force in that place which corresponds to a provision of this Division, or
(b)
aids, abets, counsels, procures, solicits or incites the commission of an offence in any place outside New South Wales, being an offence punishable under the provisions of a law in force in that place which corresponds to a provision of this Division,

is guilty of an offence and liable to the same punishment, pecuniary penalties and forfeiture as the person would be if the person had committed the offence which was committed outside New South Wales.

(2)

A person does not commit an offence because of this section for any act or omission that is an offence under section 43B.

s 28: Am 1998 No 149, Sch 2.7 [1]; 2012 No 97, Sch 1.7 [4].

29Traffickable quantity—possession taken to be for supply

A person who has in his or her possession an amount of a prohibited drug which is not less than the traffickable quantity of the prohibited drug shall, for the purposes of this Division, be deemed to have the prohibited drug in his or her possession for supply, unless—

(a)
the person proves that he or she had the prohibited drug in his or her possession otherwise than for supply, or
(b)
except where the prohibited drug is prepared opium, cannabis leaf, cannabis oil, cannabis resin, heroin or 6-monoacetylmorphine or any other acetylated derivatives of morphine, the person proves that he or she obtained possession of the prohibited drug on and in accordance with the prescription of a medical practitioner, nurse practitioner, midwife practitioner, dentist or veterinary practitioner.

s 29: Am 1998 No 102, Sch 3.3 [8]; 2003 No 45, Sch 2.2 [9]; 2003 No 87, Sch 3.8 [2].

30Indictable offences—summary disposal of unless prosecution elects otherwise(1)

This section applies to the following offences—

(a)
an offence under section 23 (1) or 23A (1),
(b)
an offence under section 24 (1) or (1A),
(c)
an offence under section 25 (1), (1A) or (2C),
(c1)
an offence under section 26 of conspiring to commit an offence referred to in paragraph (a), (b) or (c),
(d)
an offence under section 27 of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in paragraph (a), (b) or (c), and
(e)
an offence under section 28 of conspiring to commit, or of aiding, abetting, counselling, procuring, soliciting or inciting the commission of, an offence under a law in force outside New South Wales which corresponds to section 23 (1), 23A (1), 24 (1) or (1A) or 25 (1), (1A) or (2C),

where the court is satisfied on the balance of probabilities that the number or amount of the prohibited plant or prohibited drug concerned in the commission of the offence is not more than the small quantity applicable to the prohibited plant or prohibited drug.

(2)

Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence to which this section applies.

(3)

If such an offence is dealt with summarily, the maximum penalty for the offence is a fine of 50 penalty units or imprisonment for 2 years, or both.

s 30: Am 1988 No 17, Sch 1 (3); 1995 No 22, Sch 2.4 [1]; 1995 No 23, Sch 1.5 [4]; 1998 No 149, Sch 2.7 [2] [3]; 1999 No 94, Sch 4.19; 2001 No 121, Sch 2.88 [3]; 2006 No 39, Sch 1 [13] [14]; 2006 No 57, Sch 1 [9] [10].

31Indictable offences—summary disposal of unless prosecution or accused elects otherwise(1)

This section applies to the following offences—

(a)
an offence under section 23 (1) or 23A (1),
(b)
an offence under section 24 (1) or (1A),
(c)
an offence under section 25 (1), (1A) or (2C),
(c1)
an offence under section 26 of conspiring to commit an offence referred to in paragraph (a), (b) or (c),
(d)
an offence under section 27 of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in paragraph (a), (b) or (c), and
(e)
an offence under section 28 of conspiring to commit, or of aiding, abetting, counselling, procuring, soliciting or inciting the commission of, an offence under a law in force outside New South Wales which corresponds to section 23 (1), 23A (1), 24 (1) or (1A) or 25 (1), (1A) or (2C),

where the court is satisfied on the balance of probabilities that the number or amount of the prohibited plant or prohibited drug concerned in the commission of the offence is not more than the indictable quantity applicable to the prohibited plant or prohibited drug.

(1A)

This section also applies to an offence under section 24A or 24B.

(2)

(3)

If such an offence is dealt with summarily, the maximum penalty for the offence is a fine of 100 penalty units or imprisonment for 2 years, or both.

s 31: Am 1988 No 17, Sch 1 (4); 1995 No 22, Sch 2.4 [2]; 1995 No 23, Sch 1.5 [4]; 1998 No 149, Sch 2.7 [4] [5]; 1999 No 94, Sch 4.19; 2000 No 107, Sch 1 [2]; 2001 No 121, Sch 2.88 [3]; 2006 No 39, Sch 1 [13] [14]; 2006 No 57, Sch 1 [9] [10]; 2007 No 57, Sch 4 [5].

32Penalty for offences dealt with on indictment(1)

Except as provided by sections 30 and 31, the penalty for—

(a)
an offence under section 23 (1),
(b)
an offence under section 24 (1),
(c)
an offence under section 25 (1),
(c1)
an offence under section 25 (1A),
(d)
an offence under section 26 of conspiring to commit an offence referred to in paragraph (a), (b), (c) or (c1),
(e)
an offence under section 27 of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in paragraph (a), (b), (c) or (c1), or
(f)
an offence under section 28 of conspiring to commit, or of aiding, abetting, counselling, procuring, soliciting or inciting the commission of, an offence under a law in force outside New South Wales which corresponds to section 23 (1), 24 (1) or 25 (1) or (1A),

is—

(g)
except as provided by paragraph (h), a fine of 2,000 penalty units or imprisonment for a term of 15 years, or both, or
(h)
where the offence relates to cannabis plant or cannabis leaf, a fine of 2,000 penalty units or imprisonment for a term of 10 years, or both.

(2)

(Repealed)

Note—

Offences referred to in this section may be dealt with summarily in certain cases. See Chapter 5 of and Schedule 1 to the Criminal Procedure Act 1986.

s 32: Am 1988 No 17, Sch 1 (5); 1995 No 22, Sch 2.4 [3]; 1995 No 23, Sch 1.5 [4]; 1998 No 149, Sch 2.7 [6]; 1999 No 94, Sch 4.19; 2001 No 121, Sch 2.88 [3]; 2018 No 4, Sch 1.7 [1]–[4].

33Penalties for offences involving commercial quantities or cultivation for a commercial purpose(1)

This section applies to the following offences—

(a)
an offence under section 23 (1A) or (2), 24 (2) or 25 (2) or (2A),
(b)
an offence under section 26 of conspiring to commit an offence referred to in paragraph (a),
(c)
an offence under section 27 of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in paragraph (a),
(d)
an offence under section 28 of conspiring to commit, or of aiding, abetting, counselling, procuring, soliciting or inciting the commission of, an offence under a law in force outside New South Wales which corresponds to section 23 (1A) or (2), 24 (2) or 25 (2) or (2A).

(2)

The penalty for an offence is—

(a)
except as provided by paragraph (b), a fine of 3,500 penalty units or imprisonment for 20 years, or both, or
(b)
where the offence relates to cannabis plant or cannabis leaf, a fine of 3,500 penalty units or imprisonment for 15 years, or both.

(3)

Despite subsection (2), if the court is satisfied that the offence involved not less than the large commercial quantity of the prohibited plant or prohibited drug concerned, the penalty for the offence is—

(a)
except as provided by paragraph (b), a fine of 5,000 penalty units or imprisonment for life, or both, or
(b)
where the offence relates to cannabis plant or cannabis leaf, a fine of 5,000 penalty units or imprisonment for 20 years, or both.

(4)

In this section—

large commercial quantity, in relation to a prohibited plant or prohibited drug, means the number or amount, if any, specified opposite the plant or drug in Column 5 of Schedule 1.

s 33: Subst 1988 No 17, Sch 1 (6). Am 1995 No 23, Sch 1.5 [5]; 1998 No 149, Sch 2.7 [6]; 2006 No 57, Sch 1 [11].

33AAPenalties for offences involving supply to persons under 16 years(1)

This section applies if—

(a)
a person is found guilty of an offence under section 25 (1A) or (2A), or
(b)
a person is found guilty of—
- (i)
  an offence under section 26 of conspiring to commit an offence referred to in paragraph (a), or
- (ii)
  an offence under section 27 of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in paragraph (a), or
- (iii)
  an offence under section 28 of conspiring to commit, or of aiding, abetting, counselling, procuring, soliciting or inciting the commission of, an offence under a law in force outside New South Wales which corresponds to section 25 (1A) or (2A).

(2)

The penalty for the offence is the penalty that would otherwise be imposed by this Act but increased—

(a)
in the case of a penalty for imprisonment for 2 years—to a penalty of imprisonment for 2 years and 6 months, and
(b)
in the case of the penalty for an offence under section 25 (2A)—to a penalty of a fine of 4,200 penalty units or imprisonment for 25 years, or both, and
(c)
in the case of any other penalty, whether a pecuniary penalty or imprisonment by one-fifth.

(3)

This section has effect despite any other provision of this Act.

s 33AA: Ins 1995 No 23, Sch 1.5 [6]. Am 1998 No 149, Sch 2.7 [6].

33ABPenalties for offences involving possession of prohibited drug precursors(1)

The penalty for an offence under section 24A is a fine of 2,000 penalty units or imprisonment for a term of 10 years, or both, except as provided by section 31.

(2)

The penalty for an offence under section 24B is a fine of 1,000 penalty units or imprisonment for a term of 5 years, or both, except as provided by section 31.

s 33AB: Ins 2000 No 107, Sch 1 [3]. Am 2007 No 57, Sch 4 [6].

33ACPenalties for offences involving manufacture or production in presence of children or procuring children to supply prohibited drugs(1)

This section applies to the following offences—

(a)
an offence under section 24 (1A) or (2A) or 25 (2C) or (2D),
(b)
an offence under section 26 of conspiring to commit an offence referred to in paragraph (a),
(c)
an offence under section 27 of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in paragraph (a),
(d)
an offence under section 28 of conspiring to commit, or of aiding, abetting, counselling, procuring, soliciting or inciting the commission of, an offence under a law in force outside New South Wales which corresponds to section 24 (1A) or (2A) or 25 (2C) or (2D).

(2)

The penalty for an offence under section 24 (1A) or 25 (2C), or an offence referred to in subsection (1) (b)–(d) that relates to an offence under section 24 (1A) or 25 (2C), is a fine of 2,400 penalty units or imprisonment for 18 years, or both.

(3)

The penalty for an offence under section 24 (2A) or 25 (2D), or an offence referred to in subsection (1) (b)–(d) that relates to an offence under section 24 (2A) or 25 (2D), is a fine of 4,200 penalty units or imprisonment for 25 years, or both.

(4)

Despite subsection (3), if the court is satisfied that an offence referred to in that subsection involved not less than the large commercial quantity of the prohibited drug concerned, the penalty for the offence is a fine of 6,000 penalty units or imprisonment for life, or both.

(5)

In this section—

large commercial quantity, in relation to a prohibited drug, means the number or amount, if any, specified opposite the drug in Column 5 of Schedule 1.

s 33AC: Ins 2006 No 39, Sch 1 [15].

33ADPenalties for offences with respect to enhanced indoor cultivation of prohibited plants in presence of children(1)

This section applies to the following offences—

(a)
an offence under section 23A (1), (2) or (3),
(b)
an offence under section 26 of conspiring to commit an offence referred to in paragraph (a),
(c)
an offence under section 27 of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in paragraph (a),
(d)
an offence under section 28 of conspiring to commit, or of aiding, abetting, counselling, procuring, soliciting or inciting the commission of, an offence under a law in force outside New South Wales which corresponds to section 23A (1), (2) or (3).

(2)

Except as provided by sections 30 and 31, the penalty for an offence under section 23A (1), or an offence referred to in subsection (1) (b)–(d) that relates to an offence under section 23A (1), is a fine of 2,400 penalty units or imprisonment for 12 years, or both.

(3)

The penalty for an offence under section 23A (2) or (3), or an offence referred to in subsection (1) (b)–(d) that relates to an offence under section 23A (2) or (3), is a fine of 4,200 penalty units or imprisonment for 18 years, or both.

(4)

Despite subsection (3), if the court is satisfied that an offence referred to in that subsection involved not less than the large commercial quantity of the prohibited plant concerned, the penalty for the offence is a fine of 6,000 penalty units or imprisonment for 24 years, or both.

(5)

In this section—

large commercial quantity, in relation to a prohibited plant, means the number or amount, if any, specified opposite the plant in Column 5 of Schedule 1.

s 33AD: Ins 2006 No 57, Sch 1 [12].

33AProvisions relating to life sentences(1)

A person sentenced to imprisonment for life for an offence under this Division is to serve that sentence for the term of the person’s natural life.

(2)

Where a person is liable to imprisonment for life for an offence under this Division, the court may nevertheless pass a sentence of imprisonment of fixed duration.

(3)

This section applies to offences under this Division committed before or after the commencement of this section. However, this section does not apply where committal proceedings (or proceedings by way of ex officio indictment) for the offence were instituted against the convicted person before the commencement of this section.

(4)

Nothing in this section affects the prerogative of mercy.

s 33A: Ins 1989 No 218, Sch 2.

Division 3Supplementary34Commencement of term of imprisonment

A term of imprisonment imposed on a person by a court of summary jurisdiction in respect of the non-payment of a fine for an offence against any of the provisions of this Act may be ordered to commence at the expiration of any term of imprisonment imposed on that person for the same offence in addition to the fine.

35Order for forfeiture etc of certain articles

A court which convicts a person of an offence against any of the provisions of this Act or the regulations may order that any article (other than a prohibited plant or prohibited drug) in respect of which the offence was committed shall be forfeited to Her Majesty and that any article so forfeited shall be destroyed or otherwise disposed of as the court thinks fit.

s 35: Subst 1986 No 47, Sch 1 (1).

35ADefence to certain offences involving substances used in industry

Despite any other provision of this Act, it is not an offence against this Act for—

(a)
a person to manufacture, produce, possess or supply a substance listed in Schedule 2 if the substance is contained in a product from which the substance cannot be readily extracted or readily synthesized, or
(b)
a person to manufacture, produce, possess or supply a substance listed in Schedule 2 if the substance is contained in a product that is not for human consumption and the person manufactures, produces, possesses or supplies the product in connection with an activity that is not unlawful, or
(c)
a person to possess or supply a substance listed in Schedule 2 if the person possesses or supplies the substance for the purpose of its disposal as waste or its destruction.

s 35A: Ins 2007 No 57, Sch 4 [7].

(Repealed)

s 36: Rep 2012 No 97, Sch 1.7 [5].

Part 2AMedically supervised injecting centres

pt 2A: Ins 1999 No 67, Sch 1.

Division 1Preliminary

pt 2A, div 1: Ins 1999 No 67, Sch 1.

36ALimited operation of Part(1)

Despite any other provision of this Part, this Part operates to allow the responsible authorities to issue only one licence in respect of only one premises.

(2)

However, nothing in this Part prevents the responsible authorities—

(a)
from issuing a further licence to a person other than the holder of an earlier licence, or
(b)
from issuing a further licence in respect of premises other than those specified in an earlier licence,

so long as the earlier licence is surrendered or revoked before the further licence takes effect.

(3)

(Repealed)

s 36A: Ins 1999 No 67, Sch 1. Am 2002 No 21, Sch 1 [1]; 2003 No 47, Sch 1 [1] [2]; 2007 No 17, Sch 1 [1]; 2010 No 81, Sch 1 [1]–[3].

36BObjects of Part

The objects of this Part are as follows—

(a)
to reduce the number of deaths from drug overdoses,
(b)
to provide a gateway to treatment and counselling for clients of the licensed injecting centre,
(c)
to reduce the number of discarded needles and syringes and the incidence of drug injecting in public places,
(d)
to assist in reducing the spread of blood-borne diseases, such as HIV or Hepatitis C.

s 36B: Ins 1999 No 67, Sch 1. Am 2002 No 21, Sch 1 [2]; 2003 No 47, Sch 1 [3] [4]; 2007 No 17, Sch 1 [2]. Subst 2010 No 81, Sch 1 [4]. Am 2024 No 71, Sch 5.

36CReview of Part(1)

The Minister is to review this Part to determine whether the policy objectives of this Part remain valid and whether the terms of this Part remain appropriate for securing those objectives.

(2)

The review is to be undertaken as soon as possible after the period of 5 years from the commencement of the Drug Misuse and Trafficking Amendment (Medically Supervised Injecting Centre) Act 2010.

(3)

A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.

s 36C: Ins 1999 No 67, Sch 1. Subst 2010 No 81, Sch 1 [4].

36DDefinitions

In this Part—

child means a person who is under the age of 18 years.

director, in relation to a licensed injecting centre, means a medical practitioner appointed as director of the centre, and includes any other medical practitioner appointed to act as director of the centre during the illness or absence of the director or during a vacancy in the office of the director.

internal management protocols, in relation to a licensed injecting centre, means the protocols finalised for the centre as referred to in section 36F or, if the protocols are amended or replaced as referred to in section 36M, the protocols as so amended or replaced.

law includes common law.

licence means a licence in force under this Part.

licensed injecting centre means the premises that are the subject of a licence.

prescribed drug means a prohibited drug or a substance prescribed by the regulations for the purposes of this definition.

qualified health professional means a medical practitioner, a registered nurse or a person having qualifications or experience specified or described by order of the Minister published in the Gazette.

responsible authorities means the Commissioner of Police and the Director-General of the Department of Health.

staff, in relation to a licensed injecting centre, includes—

(a)
all persons engaged to provide services at the centre, whether under a contract of employment or otherwise, and
(b)
all persons authorised to provide voluntary assistance at the centre in accordance with the centre’s licence conditions and internal management protocols.

The employer of a person referred to in paragraph (a) or (b) is the person by or on whose behalf the person so referred to is engaged to provide services or authorised to provide voluntary assistance, as the case requires.

supervisor, in relation to a licensed injecting centre, means the director of the centre or a qualified health professional nominated by the director to supervise the centre.

s 36D: Ins 1999 No 67, Sch 1. Am 2002 No 21, Sch 1 [3]; 2003 No 47, Sch 1 [5]; 2010 No 34, Sch 2.14 [2]; 2010 No 81, Sch 1 [5].

Division 2Licensing of injecting centres

pt 2A, div 2: Ins 1999 No 67, Sch 1.

36ELicence(1)

The responsible authorities may issue a licence authorising the holder of the licence to conduct specified premises as an injecting centre.

(2)

Nothing in this Part entitles a person to be issued with a licence, and the responsible authorities may refuse an application for a licence if the requirements of section 36F are not satisfied or for any other reason.

s 36E: Ins 1999 No 67, Sch 1.

36FRestrictions on issue of licence(1)

A licence for the conduct of premises as an injecting centre must not be issued unless the responsible authorities are of the opinion—

(a)
that the internal management protocols for the proposed centre have been finalised and are of a satisfactory standard, and
(b)
that there is a sufficient level of acceptance, at community and local government level, for the establishment of an injecting centre at the premises, and
(c)
that the premises are suitable for use as an injecting centre, having regard to all relevant matters including the following—
- (i)
  public health and safety,
- (ii)
  the visibility of the premises from the street,
- (iii)
  the proximity of the premises to schools, child care centres and community centres,
- (iv)
  any matters prescribed by the regulations for the purposes of this section.

(2)

If a community drug action plan is in force in relation to the area within which the premises of the proposed injecting centre are situated, the responsible authorities must have regard to that plan in forming an opinion as to the matters referred to in subsection (1) (b) and (c).

(3)

Without limiting subsection (1), a licence for the conduct of premises as an injecting centre must not be issued unless the responsible authorities are of the opinion—

(a)
that any building work that is carried out for the purposes of the centre will be carried out in accordance with the Building Code of Australia, and
(b)
that any building that is used for the purposes of the centre will comply with the Building Code of Australia.

(4)

In subsection (3), building, Building Code of Australia and building work have the same meanings as they have in the Environmental Planning and Assessment Act 1979.

s 36F: Ins 1999 No 67, Sch 1.

36GDuration of licence(1)

Except during any period of suspension, a licence remains in force until it is surrendered or revoked.

(2)

The holder of a licence may, after consultation with the responsible authorities or their representatives, surrender the licence.

s 36G: Ins 1999 No 67, Sch 1. Am 2002 No 21, Sch 1 [4]; 2010 No 81, Sch 1 [6].

36HConditions of licences generally(1)

A licence is subject to such conditions as may be imposed from time to time by the responsible authorities, either in the licence or in a separate order in writing served on the holder of the licence.

(2)

Conditions of the kind referred to in subsection (1) may not be imposed without prior consultation with the holder or proposed holder of the licence.

(3)

A licence is also subject to such conditions as are imposed by or under this Part or the regulations.

ss 36H–36J: Ins 1999 No 67, Sch 1.

36IStatutory conditions of licences

The following provisions are conditions of a licence for an injecting centre—

(a)
No child is to be admitted to that part of the centre that is used for the purpose of the administration of prescribed drugs.
(b)
The centre’s internal management protocols are to be observed.

ss 36H–36J: Ins 1999 No 67, Sch 1.

36JContraventions(1)

A contravention of this Division or the regulations in relation to a licensed injecting centre, or of the licence conditions for a licensed injecting centre, may be dealt with—

(a)
by one or more of the following—
- (i)
  a warning or reprimand administered in writing by the responsible authorities,
- (ii)
  a fine (not exceeding an amount equal to 100 penalty units) imposed by the responsible authorities,
- (iii)
  suspension of the licence by the responsible authorities for a specified period or until further notice, or
(b)
by revocation of the licence by the responsible authorities.

(2)

If the contravention also gives rise to an offence—

(a)
the fact that action has been taken under this section in relation to the contravention does not prevent a penalty from being imposed for the offence, and
(b)
the fact that a penalty has been imposed for the offence does not prevent action from being taken under this section in relation to the contravention.

(3)

A fine imposed under this section is payable to either responsible authority within the period specified by the responsible authorities, and is to be paid into the Consolidated Fund.

(4)

If a licensee fails to pay a fine imposed under this section (in whole or in part), the responsible authorities may suspend or revoke the licence.

(5)

Nothing in this section prevents the responsible authorities from amending or imposing a condition as a consequence of a contravention referred to in subsection (1).

(6)

The responsible authorities are authorised to suspend or revoke a licence for the purposes of this section.

(7)

A contravention referred to in subsection (1)—

(a)
does not limit the operation of section 36O, except to the extent that the contravention gives rise to an offence under the regulations made for the purposes of this Part, and
(b)
does not limit the operation of section 36P.

(8)

A contravention relating to the admission of a child to a licensed injecting centre is not committed if the licensee establishes that, having regard to the relevant provisions of the centre’s internal management protocols, it was not apparent to the centre’s staff that the person concerned was a child.

ss 36H–36J: Ins 1999 No 67, Sch 1.

36KReviews of licence(1)

The responsible authorities may arrange for the ongoing or periodical review of any licensed injecting centre.

(2)

The responsible authorities must arrange for the review of the economic viability of a licensed injecting centre if they are satisfied that the service activity level of the centre has dropped below 75 per cent of the service activity level prescribed by the regulations.

(3)

Regulations referred to in subsection (2) may express the level of service activity as a specified number of client visits in any period or may express that level in any other manner.

(4)

The responsible authorities may revoke a licence if, after considering the results of a review under subsection (2), they are of the opinion that the licensed injecting centre has ceased to be economically viable.

s 36K: Ins 1999 No 67, Sch 1. Subst 2007 No 17, Sch 1 [3].

36KARevocation of licence(1)

The responsible authorities may revoke a licence for any of the following reasons—

(a)
the responsible authorities are satisfied that it is more appropriate for a licence to be issued in respect of different premises,
(b)
the responsible authorities are satisfied that the licence holder is not a fit and proper person to hold the licence or, if the licence holder is a corporation, a director or person concerned in the management of the corporation is not a fit and proper person to hold a licence,
(c)
such other reasons as may be prescribed by the regulations.

(2)

A licence may also be revoked under section 36J or 36K.

s 36KA: Ins 2010 No 81, Sch 1 [7].

Division 3Internal management protocols

pt 2A, div 3 (ss 36L, 36M): Ins 1999 No 67, Sch 1.

36LMatters for consideration in relation to internal management protocols

In considering the internal management protocols for a proposed injecting centre for the purposes of section 36F, the responsible authorities must have regard to whether provision needs to be made to ensure that any or all of the following requirements are met—

(a)
The centre must be under the supervision of a supervisor.
(b)
The supervisor must have a general oversighting role of the centre’s clinical operations and responsibility for ensuring the adequacy of the clinical procedures used in the centre. This paragraph does not prevent the supervisor from being personally involved in clinical activities in the centre.
(c)
All staff directly supervising injecting activities in the centre must be qualified health professionals.
(d)
The centre must contain or have satisfactory access to—
- (i)
  primary health care services, including medical consultation and medical assessment services, and
- (ii)
  drug and alcohol counselling services, and
- (iii)
  health education services, and
- (iv)
  drug and alcohol detoxification and rehabilitation services, and
- (v)
  the services of a methadone provider, and
- (vi)
  services for testing for blood-borne and sexually transmissible diseases, and
- (vii)
  services involving a needle and syringe exchange program.
(e)
Procedures are to be established to enable staff to ascertain in appropriate cases whether a person seeking admission to the centre is a child.
(f)
At least one member of staff—
- (i)
  must be a person with satisfactory qualifications or experience in child protection and youth support, and
- (ii)
  must be in attendance at the centre, or available on call to attend the centre, at all times while it is being used as an injecting centre.
(g)
The health and safety of staff and users of the centre are to be protected, having regard to the design and services of the centre.
(h)
Services are to be available and procedures established to ensure compliance or ability to comply, at or in connection with the centre, with the relevant requirements of—
- (i)
  this Part, and
- (ii)
  the regulations, and
- (iii)
  the centre’s licence conditions, and
- (iv)
  any other provisions of the centre’s internal management protocols.
(i)
Any requirements prescribed by the regulations for the purposes of this section.

pt 2A, div 3 (ss 36L, 36M): Ins 1999 No 67, Sch 1.

36MAmendment and replacement of internal management protocols

A licensed injecting centre’s internal management protocols may be amended or replaced, subject to the regulations and the centre’s licence conditions.

pt 2A, div 3 (ss 36L, 36M): Ins 1999 No 67, Sch 1.

Division 4Exemptions from liability

pt 2A, div 4: Ins 1999 No 67, Sch 1.

36NExemption from criminal liability for users of licensed injecting centre(1)

In this section—

exempt quantity, in relation to a prescribed drug, means—

(a)
in the case of a prohibited drug, a small quantity of the drug (subject to paragraph (b)), or
(b)
in any case, such quantity of the drug as is prescribed by the regulations.

(2)

Despite any other provision of this Act or of any other Act or law (other than a provision prescribed by the regulations)—

(a)
it is not unlawful for a person at a licensed injecting centre—
- (i)
  to be in possession of (otherwise than for supply) no more than an exempt quantity of a prescribed drug, or
- (ii)
  to be in possession of an item of equipment for use in the administration of a prescribed drug, or
- (iii)
  to administer or attempt to administer to himself or herself no more than an exempt quantity of a prescribed drug, and
(b)
in particular, a person at a licensed injecting centre—
- (i)
  who has in his or her possession (otherwise than for supply) no more than an exempt quantity of a prescribed drug, or
- (ii)
  who has in his or her possession an item of equipment for use in the administration of a prescribed drug, or
- (iii)
  who administers or attempts to administer to himself or herself no more than an exempt quantity of a prescribed drug,
does not commit an offence under section 10, 11 or 12, or any other offence prescribed by the regulations, just because of that fact.

(3)

Subsection (2) does not affect the operation of—

(a)
the conditions of any recognizance to which a person is subject (whether under the Crimes Act 1900 or otherwise), or

7.5g	2.5g	12.5g	1.25kg	5.0kg	—
Phenoperidine	1.5g	0.5g	2.5g	0.25kg	1.0kg	—
1-Phenyl-2-chloropropane	3.0g	1.0g	5.0g	0.25kg	1.0kg	—
1-(1-phenylcyclohexyl) pyrrolidine	3.0g	1.0g	5.0g	0.25kg	1.0kg	—
1-Phenylethyl-4-acetoxypiperidine	3.0g	1.0g	5.0g	0.25kg	1.0kg	—
1-Phenyl-2-nitropropene	3.0g	1.0g	5.0g	0.25kg	1.0kg	—
4-Phenylpiperidine-4-carboxylic acid ethyl ester (Pethidine intermediate B)	3.0g	1.0g	5.0g	0.25kg	1.0kg	—
1-Phenyl-2-propanol	3.0g	1.0g	5.0g	0.25kg	1.0kg	—
Phenylpropanolamine	15.0g	5.0g	25.0g	1.25kg	5.0kg	—
1-Phenyl-2-propanone	3.0g	1.0g	5.0g	0.25kg	1.0kg	—
1-Phenyl-2-propanone oxime	3.0g	1.0g	5.0g	0.25kg	1.0kg	—
Pholcodine	7.5g	2.5g	12.5g	1.25kg	5.0kg	—
Piminodine	15.0g	5.0g	25.0g	2.5kg	10.0kg	—
Piritramide	1.5g	0.5g	2.5g	0.25kg	1.0kg	—
Prasterone (dehydroepiandrosterone (dhea) or dehydroisoandrosterone (dhia))	500g	50g	750g	5kg	—	—
Pravadoline (WIN 48098)	30g	10g	50g	1kg	4kg	—
Proheptazine	1.5g	0.5g	2.5g	0.25kg	1.0kg	—
Prohibited plant, other than cannabis plant	—	5	50	250	1000	—
Properidine	37.5g	12.5g	62.5g	6.25kg	25.0kg	—
Propetandrol	500g	50g	750g	5kg	—	—
Propiram	3.0g	1.0g	5.0g	0.25kg	1.0kg	—
1-propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015)	30g	10g	50g	1kg	4kg	—
Pseudoephedrine	15.0g	5.0g	25.0g	1.25kg	5.0kg	—
Psilocin and its derivatives being those derivatives having hallucinogenic properties	15 DDU or 0.15g	4 DDU or 0.04g	25 DDU or 0.25g	25.0g	100.0g	0.01g
Psilocybin and its derivatives being those derivatives having hallucinogenic properties	15 DDU or 0.15g	4 DDU or 0.04g	25 DDU or 0.25g	25.0g	100.0g	0.01g
Quinalbarbitone	30.0g	10.0g	50.0g	5.0kg	20.0kg	—
Quinbolone	500g	50g	750g	5kg	—	—
Racemethorphan	3.0g	1.0g	5.0g	0.5kg	2.0kg	—
Racemoramide	3.0g	1.0g	5.0g	0.5kg	2.0kg	—
Racemorphan	3.0g	1.0g	5.0g	0.5kg	2.0kg	—
Remifentanil	0.3g	0.1g	0.5g	0.05kg	0.2kg	—
Roxibolone	500g	50g	750g	5kg	—	—
Secbutobarbitone	30.0g	10.0g	50.0g	5.0kg	20.0kg	—
Silandrone	500g	50g	750g	5kg	—	—
Stanolone	500g	50g	750g	5kg	—	—
Stanozolol	500g	50g	750g	5kg	—	—
Stenbolone	500g	50g	750g	5kg	—	—
Sufentanil	0.0075g	0.0025g	0.0125g	0.00125kg	0.005kg	—
Tapentadol	7.5g	2.5g	12.5g	1.25kg	5.0kg	—
Testolactone	500g	50g	750g	5kg	—	—
Testosterone	500g	50g	750g	5kg	—	—
Tetrahydrocannabinol and its alkyl homologues except— (a) where separately specified in this Schedule, or (b) in hemp seed oil, containing 50mg/kg or less of tetrahydrocannabinols, when labelled “Not for internal use” or “Not to be taken”, or (c) in products for purposes other than internal human use containing 50 mg/kg or less of tetrahydrocannabinols, or (d) hemp seeds for human consumption containing 5mg/kg or less of tetrahydrocannabinols where the seeds have had their hulls removed and are non-viable, or (e) hemp seed oil for human consumption containing 10mg/kg or less of tetrahydrocannabinols, or (f) beverages made from hemp seeds if the beverage contains 0.2mg/kg or less of tetrahydrocannabinols	3.0g	1.0g	5.0g	0.5kg	2.0kg	—
2,3,4,5-Tetramethoxyamphetamine	15 DDU or 3.0g	4 DDU or 0.8g	25 DDU or 5.0g	0.25kg	1.0kg	0.2g
Thebacon	3.0g	1.0g	5.0g	0.5kg	2.0kg	—
Thebaine	3.0g	1.0g	5.0g	0.5kg	2.0kg	—
1-(1-(2-thienyl) cyclohexyl)-piperidine	3.0g	1.0g	5.0g	0.25kg	1.0kg	—
Thiofentanyl	0.0075g	0.0025g	0.0125g	0.00125kg	0.005kg	—
Thiomesterone	500g	50g	750g	5kg	—	—
Tilidine	3.0g	1.0g	5.0g	0.25kg	1.0kg	—
Trenbolone	500g	50g	750g	5kg	—	—
Trestolone	500g	50g	750g	5kg	—	—
1-(3-Trifluoromethylphenyl)-piperazine	3.0g	1.0g	5.0g	0.25kg	1.0kg	—
Trimeperidine	15.0g	5.0g	25.0g	2.5kg	10.0kg	—
2,3,4-Trimethoxyamphetamine	15 DDU or 3.0g	4 DDU or 0.8g	25 DDU or 5.0g	0.25kg	1.0kg	0.2g
2,3,5-Trimethoxyamphetamine	15 DDU or 3.0g	4 DDU or 0.8g	25 DDU or 5.0g	0.25kg	1.0kg	0.2g
2,3,6-Trimethoxyamphetamine	15 DDU or 3.0g	4 DDU or 0.8g	25 DDU or 5.0g	0.25kg	1.0kg	0.2g
2,4,5-Trimethoxyamphetamine	15 DDU or 3.0g	4 DDU or 0.8g	25 DDU or 5.0g	0.25kg	1.0kg	0.2g
2,4,6-Trimethoxyamphetamine	15 DDU or 3.0g	4 DDU or 0.8g	25 DDU or 5.0g	0.25kg	1.0kg	0.2g
3,4,5-Trimethoxyamphetamine	15 DDU or 3.0g	4 DDU or 0.8g	25 DDU or 5.0g	0.25kg	1.0kg	0.2g
1-(3,4,5-Trimethoxyphenyl)-2-aminobutane	15 DDU or 3.0g	4 DDU or 0.8g	25 DDU or 5.0g	0.25kg	1.0kg	0.2g
2,4,5-Trimethoxyphenylethylamine	15 DDU or 3.0g	4 DDU or 0.8g	25 DDU or 5.0g	0.25kg	1.0kg	0.2g

Prohibited plant or prohibited drug

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 following—

(a)
a structural isomer having the same constituent groups as the drug,
(b)
a structural modification obtained in one or more of the following ways—
- (i)
  the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures,
- (ii)
  the addition of hydrogen atoms to 1 or more unsaturated bonds,
- (iii)
  the addition of 1 or more of the following groups having up to 6 carbon atoms in any alkyl residue, namely, alkoxy, cyclic diether, acyl, acyloxy, monoalkylamino and dialkylamino groups,
- (iv)
  the addition of 1 or more of the following groups having up to 6 carbon atoms in the group and being attached to oxygen, namely, alkyl, alkenyl and alkynyl groups (for example, ester groups and ether groups),
- (v)
  the addition of 1 or more of the following groups having up to 6 carbon atoms in the group and being attached to nitrogen, sulphur or carbon, namely, alkyl, alkenyl and alkynyl groups,
- (vi)
  the addition of 1 or more of the following groups, namely, halogen, hydroxy, nitro and amino groups,
- (vii)
  the replacement of 1 or more of the groups specified in subparagraphs (iii)–(vi) with 1 or more other groups so specified,
- (viii)
  the conversion of a carboxyl or an ester group into an amide group.

Column 1

Traffickable quantity

The quantity specified above (if any) of the drug to which the analogous substance is related (or, if there is more than one such drug, the largest among the quantities specified above (if any) of those drugs).

Column 2

Small quantity

Column 3

Indictable quantity

Column 4

Commercial quantity

Column 5

Large commercial quantity

Column 6

Discrete dosage unit (DDU)

sch 1: Am GG No 136 of 29.8.1986, p 4184; GG No 109 of 26.6.1987, p 3391 (on and from 1.7.1987); GG No 33 of 19.2.1988, p 953. Subst 1988 No 17, Sch 1 (9). Am 1988 No 63, Sch 1 (2); GG No 65 of 18.5.1990, p 3901 (on and from 3.6.1990); GG No 134 of 27.9.1991, p 8341 (on and from 20.10.1991); GG No 82 of 23.7.1993, p 4052 (on and from 25.7.1993); GG No 136 of 7.10.1994, p 6165 (on and from 10.10.1994); GG No 83 of 7.7.1995, p 3581; GG No 102 of 25.8.1995, p 4453; GG No 131 of 27.10.1995, p 7419 (on and from 1.11.1995); GG No 117 of 18.10.1996, p 6959; GG No 146 of 13.12.1996, p 8254 (on and from 20.12.1996); GG No 18 of 14.2.1997, p 548; GG No 6 of 13.1.1999, p 113; GG No 27 of 5.3.1999, p 1553; GG No 105 of 18.8.2000, p 7749 (on and from 21.8.2000); GG No 156 of 12.10.2001, p 8518 (on and from 1.3.2002); GG No 149 of 20.9.2002, p 8201; GG No 75 of 17.4.2003, p 4527; GG No 121 of 1.8.2003, p 7537; GG No 197B of 19.12.2003, p 11591; 2006 No 39, Sch 1 [24] [26]; 2006 No 57, Sch 1 [17]; 2007 No 57, Sch 4 [10] [11]; 2009 (221), cl 3 (1) (2); 2011 (347), Sch 1; 2013 No 70, Sch 1 [8]; 2013 (556), Sch 1; 2014 No 2, Sch 4; 2014 No 88, Sch 2.18; 2015 (527), cl 3; 2016 (211), Sch 1 [1]–[5]; 2017 No 44, Sch 1.11 [1] [2]; 2018 No 29, Sch 1.12 [2]; 2019 No 10, Sch 1.12 [1]–[6]; 2020 No 26, Sch 1.9[1] [2]; 2021 (157), Sch 1[1]–[9]; 2021 (158), cl 3; 2023 No 7, Schs 1.7, 2.22.

Schedule 2Industry use defence substances

(Sections 35A and 44A)

1,4-Butanediol (also known as hydroxybutanol or 1,4 BD)

Gamma butyrolactone (also known as 4-hydroxybutanoic acid lactone or GBL)

sch 2: Ins 2007 No 57, Sch 4 [12].

Schedule 3Savings, transitional and other provisions

sch 3, hdg: Ins 2016 No 6, Sch 1 [10]. Am 2018 No 29, Sch 1.12 [3].

Part 1Transitional and saving regulations1Regulations(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.

(2)

Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3)

To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—

(a)
to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)
to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2Provision for Drug Misuse and Trafficking Amendment (Drug Exhibits) Act 20162Drug Misuse and Trafficking Amendment (Drug Exhibits) Act 2016(1)

Part 3A of this Act, as substituted by the Drug Misuse and Trafficking Amendment (Drug Exhibits) Act 2016, applies, with any necessary modifications, to a substance referred to in that Part that was in the custody of a member of the NSW Police Force on the commencement of that Part.

(2)

A direction made under section 39RA of this Act, before its repeal by the Drug Misuse and Trafficking Amendment (Drug Exhibits) Act 2016, in relation to a prohibited plant or prohibited drug that was not used in connection with a controlled operation or integrity testing program before that repeal is taken to have been given under section 39Q of this Act as inserted by that Act.

Part 3Validation of amendments to Schedule 13Validation of amendments to Schedule 1

Any amendment made or purporting to have been made to Schedule 1 by a regulation made before the commencement of this clause is taken to be, and always to have been, validly made.

Part 4Provision for Justice Legislation Amendment Act (No 2) 20184Testing of substances

Section 39CA, as inserted by the Justice Legislation Amendment Act (No 2) 2018, extends to a substance to which Part 3A applies that was in the custody of a member of the NSW Police Force on the commencement of that section.

Part 5Provision for Drug Misuse and Trafficking Amendment (Appointed Persons) Act 20235Validation of appointments under section 43(5)(1)

An appointment purported to have been made under section 43(5) before the commencement of the Drug Misuse and Trafficking Amendment (Appointed Persons) Act 2023 is taken to be, and always to have been, a valid appointment.

(2)

Without limiting subclause (1), a relevant certificate is taken to be, and always to have been, a validly given certificate for the purposes of section 43.

(3)

In this clause—

relevant certificate means a certificate given under section 43 by a person whose appointment is, because of subclause (1), taken to be, and always to have been, a valid appointment.

sch 3: Ins 2016 No 6, Sch 1 [10]. Am 2017 No 44, Sch 1.11 [3]; 2018 No 29, Sch 1.12 [4]; 2023 No 19, Sch 1[2]–[6].

Historical notesTable of amending instruments

Drug Misuse and Trafficking Act 1985 No 226. Assented to 18.12.1985. Date of commencement, secs 1 and 2 excepted, 25.5.1986, sec 2 and GG No 85 of 23.5.1986, p 2289. This Act has been amended as follows—

1986	No 47	Drug Misuse and Trafficking (Amendment) Act 1986. Assented to 9.5.1986. Date of commencement of Sch 1, 15.2.1987, sec 2 (2) and GG No 25 of 6.2.1987, p 573.
1987	No 48	Statute Law (Miscellaneous Provisions) Act (No 1) 1987. Assented to 28.5.1987.
No 145	Drug Misuse and Trafficking (Amendment) Act 1987. Assented to 16.6.1987.
No 156	Drug Misuse and Trafficking (Further Amendment) Act 1987. Assented to 18.11.1987. Date of commencement, secs 1 and 2 excepted, 18.12.1987, sec 2 (2) and GG No 193 of 18.12.1987, p 6944.
1988	No 17	Drug Misuse and Trafficking (Amendment) Act 1988. Assented to 21.6.1988. Date of commencement, Sch 1 (8) excepted, 21.8.1988, sec 2 and GG No 134 of 19.8.1988, p 4344; date of commencement of Sch 1 (8), 9.10.1988, sec 2 and GG No 151 of 7.10.1988, p 5269.
No 63	Drug Misuse and Trafficking (Further Amendment) Act 1988. Assented to 21.11.1988. Date of commencement, 12.2.1989, sec 2 and GG No 21 of 10.2.1989, p 912.
1989	No 218	Crimes (Life Sentences) Amendment Act 1989. Assented to 21.12.1989. Date of commencement, 12.1.1990, sec 2 and GG No 7 of 12.1.1990, p 171.
1992	No 112	Statute Law (Penalties) Act 1992. Assented to 8.12.1992. Date of commencement, assent, sec 2.
1995	No 22	Criminal Procedure Amendment (Indictable Offences) Act 1995. Assented to 19.6.1995. Date of commencement of Sch 2.4, 1.9.1995, sec 2 and GG No 105 of 1.9.1995, p 5044.
No 23	Criminal Legislation Amendment Act 1995. Assented to 19.6.1995. Date of commencement of Sch 1.5, 1.7.1995, sec 2 and GG No 79 of 30.6.1995, p 3433.
1996	No 2	Poisons Amendment (Therapeutic Goods) Act 1996. Assented to 8.5.1996. Date of commencement, 1.9.1996, sec 2 and GG No 99 of 30.8.1996, p 4984.
No 121	Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to 3.12.1996. Date of commencement of Sch 1.2, assent, sec 2 (2).
1997	No 87	Health Legislation Amendment Act 1997. Assented to 21.10.1997. Date of commencement of Sch 2, 12.12.1997, sec 2 and GG No 146 of 12.12.1997, p 9926.
1998	No 73	Drug Misuse and Trafficking Amendment (Ongoing Dealing) Act 1998. Assented to 14.7.1998. Date of commencement, 7.8.1998, sec 2 and GG No 112 of 24.7.1998, p 5603.
No 102	Nurses Amendment (Nurse Practitioners) Act 1998. Assented to 2.11.1998. Date of commencement, 29.10.1999, sec 2 and GG No 124 of 29.10.1999, p 10238.
No 149	Crimes Legislation Further Amendment Act 1998. Assented to 8.12.1998. Date of commencement, 8.2.1999, sec 2 and GG No 15 of 5.2.1999, p 391.
No 160	Drug Misuse and Trafficking Amendment (Controlled Operations and Integrity Testing Programs) Act 1998. Assented to 14.12.1998. Date of commencement, 8.2.1999, sec 2 and GG No 15 of 5.2.1999, p 392.
1999	No 67	Drug Summit Legislative Response Act 1999. Assented to 30.11.1999. Date of commencement of Schs 1 and 2, 10.3.2000, sec 2 and GG No 35 of 10.3.2000, p 1781.
No 94	Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of Sch 4.19, 3.4.2000, sec 2 (1) and GG No 42 of 31.3.2000, p 2487.
2000	No 107	Crimes Legislation Further Amendment Act 2000. Assented to 14.12.2000. Date of commencement of Sch 1, 23.2.2001, sec 2 and GG No 41 of 23.2.2001, p 778.
2001	No 30	Police Powers (Drug Premises) Act 2001. Assented to 27.6.2001. Date of commencement, 1.7.2001, sec 2 and GG No 106 of 29.6.2001, p 5207.
No 117	Criminal Legislation Amendment Act 2001. Assented to 18.12.2001. Date of commencement of Sch 8, 21.12.2001, sec 2 (1) and GG No 196 of 21.12.2001, p 10437.
No 121	Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978.
2002	No 21	Drug Summit Legislative Response Amendment (Trial Period Extension) Act 2002. Assented to 18.6.2002. Date of commencement, assent, sec 2.
No 103	Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356.
No 128	Drug Misuse and Trafficking Amendment (Dangerous Exhibits) Act 2002. Assented to 16.12.2002. Date of commencement, 1.1.2003, sec 2 and GG No 263 of 20.12.2002, p 10743.
2003	No 45	Nurses Amendment Act 2003. Assented to 30.9.2003. Date of commencement of Sch 2.2, 1.8.2004, sec 2 (1) and GG No 126 of 30.7.2004, p 6114.
No 47	Drug Summit Legislative Response Amendment (Trial Period Extension) Act 2003. Assented to 23.10.2003. Date of commencement, 31.10.2003, sec 2.
No 87	Veterinary Practice Act 2003. Assented to 5.12.2003. Date of commencement of Sch 3.8, 1.9.2006, sec 2 (1) and GG No 111 of 1.9.2006, p 7064.
2006	No 39	Drug Misuse and Trafficking Amendment Act 2006. Assented to 31.5.2006. Date of commencement of Sch 1 [1]–[15] [17]–[19] [21] [23] [24] (except to the extent that it inserts the matter relating to 1,4-Butanediol and Gamma butyrolactone) and [26], 24.7.2006, sec 2 and GG No 93 of 21.7.2006, p 5747; Sch 1 [16] [20] [22] [24] (to the extent that it inserts the matter relating to 1,4-Butanediol and Gamma butyrolactone) [25] and [27] were not commenced and were repealed by the Criminal Legislation Amendment Act 2007 No 57.
No 57	Drug Misuse and Trafficking Amendment (Hydroponic Cultivation) Act 2006. Assented to 20.6.2006. Date of commencement, 14.7.2006, sec 2 and GG No 92 of 14.7.2006, p 5473.
No 59	Pharmacy Practice Act 2006. Assented to 7.9.2006. Date of commencement of Sch 7.3, 25.2.2008, sec 2 (1) and GG No 21 of 22.2.2008, p 1038.
No 94	Police Amendment (Miscellaneous) Act 2006. Assented to 22.11.2006. Date of commencement of Sch 3.10, 1.2.2007, sec 2 and GG No 22 of 1.2.2007, p 575.
No 107	Crimes and Courts Legislation Amendment Act 2006. Assented to 29.11.2006. Date of commencement of Sch 1.15 [1] [2] and [13], 2.2.2007, Sch 1.15 and GG No 24 of 2.2.2007, p 588; date of commencement of Sch 1.15 [3]–[12], assent, sec 2 (2).
No 120	Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2).
2007	No 17	Drug Summit Legislative Response Amendment (Trial Period Extension) Act 2007. Assented to 4.7.2007. Date of commencement, assent, sec 2.
No 27	Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 2, assent, sec 2 (2).
No 57	Criminal Legislation Amendment Act 2007. Assented to 15.11.2007. Date of commencement of Sch 4 [1] and [7]–[12], 7.12.2007, sec 2 (2) and GG No 180 of 7.12.2007, p 9253; date of commencement of Sch 4 [2]–[6], 12.12.2008, sec 2 (2) and GG No 155 of 5.12.2008, p 11718.
No 94	Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009.
2008	No 58	Hemp Industry Act 2008. Assented to 1.7.2008. Date of commencement of Sch 2.1 [1] and [3], assent, sec 2 (2); date of commencement of Sch 2.1 [2], 31.10.2008, sec 2 (1) and GG No 138 of 31.10.2008, p 10471.
2009	(221)	Drug Misuse and Trafficking Amendment (Prohibited Drug) Regulation 2009. LW 5.6.2009. Date of commencement, on publication on LW, cl 2.
No 106	Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009. Date of commencement of Sch 2, 8.1.2010, sec 2 (2).
2010	No 34	Health Practitioner Regulation Amendment Act 2010. Assented to 15.6.2010. Date of commencement of Sch 2, 1.7.2010, sec 2 (2).
No 59	Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 2.25, 9.7.2010, sec 2 (2).
No 81	Drug Misuse and Trafficking Amendment (Medically Supervised Injecting Centre) Act 2010. Assented to 1.11.2010. Date of commencement, assent, sec 2.
No 97	Health Services Amendment (Local Health Networks) Act 2010. Assented to 16.11.2010. Date of commencement of Sch 2, 1.1.2011, sec 2 (1) and 2010 (716) LW 17.12.2010.
2011	(347)	Drug Misuse and Trafficking Amendment (Prohibited Drugs) Regulation 2011. LW 8.7.2011. Date of commencement, on publication on LW, cl 2.
No 62	Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 3, 6.1.2012, sec 2 (1).
2012	No 97	Miscellaneous Acts Amendment (Directors’ Liability) Act 2012. Assented to 26.11.2012. Date of commencement, 11.1.2013, sec 2 and 2012 (629) LW 14.12.2012.
2013	No 70	Drugs and Poisons Legislation Amendment (New Psychoactive and Other Substances) Act 2013. Assented to 24.9.2013. Date of commencement, 7.10.2013, sec 2 and 2013 (568) LW 4.10.2013.

(556)	Drug Misuse and Trafficking Amendment (Prohibited Substances) Regulation 2013. LW 27.9.2013. Date of commencement, on publication on LW, cl 2.
No 80	Crimes and Courts Legislation Amendment Act 2013. Assented to 29.10.2013. Date of commencement, assent, sec 2.
2014	No 2	Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014. Assented to 31.1.2014. Date of commencement of Sch 4, assent, sec 2 (1).
No 5	Bail (Consequential Amendments) Act 2014. Assented to 12.3.2014. Date of commencement, 20.5.2014, sec 2 and 2014 (235) LW 24.4.2014.
No 59	Crimes Legislation Amendment Act 2014. Assented to 23.10.2014. Date of commencement, assent, sec 2.
No 88	Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014. Date of commencement of Sch 2, 8.1.2015, sec 2 (1).
2015	(527)	Drug Misuse and Trafficking Amendment (Methylamphetamine) Regulation 2015. LW 1.9.2015. Date of commencement, on publication on LW, cl 2.
2016	No 6	Drug Misuse and Trafficking Amendment (Drug Exhibits) Act 2016. Assented to 22.3.2016. Date of commencement, Sch 1 [7] and [8] excepted, 1.1.2017, 2016 (678) LW 18.11.2016; Sch 1 [7] and [8] were not commenced and were repealed by the Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016 No 54.
(211)	Drug Misuse and Trafficking Amendment (Prohibited Substances) Regulation 2016. LW 29.4.2016. Date of commencement, on publication on LW, cl 2.
No 27	Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1).
No 37	Poppy Industry Act 2016. Assented to 30.8.2016. Date of commencement, 1.1.2017, sec 2 and 2016 (763) LW 9.12.2016.
No 54	Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016. Assented to 25.10.2016. Date of commencement, assent, sec 2.
2017	No 44	Justice Legislation Amendment Act (No 2) 2017. Assented to 25.9.2017. Date of commencement of Sch 1.11, assent, sec 2 (1).
No 50	Health Practitioner Regulation Amendment Act 2017. Assented to 24.10.2017. Date of commencement of Sch 5.9, 8.1.2018, sec 2 and 2017 (666) LW 1.12.2017.
2018	No 4	Justice Legislation Amendment Act 2018. Assented to 21.3.2018. Date of commencement of Sch 1.7, 2.7.2018, sec 2 (2) and 2018 (133) LW 13.4.2018.
No 29	Justice Legislation Amendment Act (No 2) 2018. Assented to 21.6.2018. Date of commencement of Sch 1.12, assent, sec 2 (1).
2019	No 10	Justice Legislation Amendment Act 2019. Assented to 26.9.2019. Date of commencement of Sch 1.12, assent, sec 2 (1).
2020	No 26	Stronger Communities Legislation Amendment (Crimes) Act 2020. Assented to 28.9.2020. Date of commencement, assent, sec 2.
No 30	Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 2.13, 11.12.2020, sec 2(3).
2021	(157)	Drug Misuse and Trafficking Amendment Regulation 2021. LW 1.4.2021. Date of commencement, on publication on LW, cl 2.
(158)	Drug Misuse and Trafficking Amendment (Prohibited Drugs) Regulation 2021. LW 1.4.2021. Date of commencement, on publication on LW, cl 2.
2023	No 7	Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2.
No 19	Drug Misuse and Trafficking Amendment (Appointed Persons) Act 2023. Assented to 4.9.2023. Date of commencement, assent, sec 2.
No 39	Justice Legislation Amendment (Miscellaneous) Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2.
2024	No 3	Crime and Criminal Procedure Legislation Amendment Act 2024. Assented to 19.2.2024. Date of commencement, assent, sec 2.
No 71	Equality Legislation Amendment (LGBTIQA+) Act 2024. Assented to 23.10.2024. Date of commencement of Sch 5, 1.12.2024, sec 2(a) and 2024 (599) LW 29.11.2024.

This Act has also been amended by regulations under sec 44.

Table of amendments

Sec 3	Am 1986, Sch 2 (1); 1988 No 17, Sch 1 (1); 1998 No 102, Sch 3.3 [1]; 2002 No 103, Sch 4.25 [1]; 2003 No 45, Sch 2.2 [1]–[3]; 2003 No 87, Sch 3.8 [1]; 2006 No 57, Sch 1 [1]–[4]; 2006 No 59, Sch 7.3; 2008 No 58, Sch 2.1 [1]; 2009 No 106, Sch 2.8; 2010 No 34, Sch 2.14 [1]; 2013 No 70, Sch 1 [1]; 2013 No 80, Sch 6 [1]; 2014 No 59, Sch 1.7 [1]; 2016 No 6, Sch 1 [1]; 2016 No 27, Sch 2.13; 2016 No 37, Sch 1.1 [1]; 2017 No 50, Sch 5.9.
Sec 6	Am 2013 No 70, Sch 1 [2].
Sec 7	Am 2001 No 30, Sch 3; 2013 No 70, Sch 1 [3].
Sec 8	Am 2009 No 106, Sch 2.8.
Sec 8A	Ins 2008 No 58, Sch 2.1 [2].
Sec 8B	Ins 2016 No 37, Sch 1.1 [2].
Sec 9	Am 2001 No 121, Sch 2.88 [1]; 2007 No 94, Sch 2.
Sec 10	Am 1986 No 47, Sch 2 (2); 1997 No 87, Sch 2 [1] [2]; 1998 No 160, Sch 1 [1]; 2009 No 106, Sch 2.8; 2016 No 6, Sch 1 [2]; 2016 No 37, Sch 1.1 [3]; 2020 No 30, Sch 2.13.
Sec 11	Am 1987 No 48, Sch 7; 1987 No 145, sec 2; 1995 No 23, Sch 1.5 [1]; 2003 No 45, Sch 2.2 [4]; 2003 No 87, Sch 3.8 [2]; 2009 No 106, Sch 2.8; 2010 No 34, Sch 2.14 [2] [3].
Sec 11A	Ins 1987 No 156, sec 3. Am 2006 No 39, Sch 1 [1]–[3].
Sec 11B	Ins 2006 No 107, Sch 1.15 [1]. Am 2013 No 80, Sch 6 [2]–[4]
Sec 11C	Ins 2007 No 57, Sch 4 [1].
Sec 13	Am 1986 No 47, Sch 2 (3); 2009 No 106, Sch 2.8.
Sec 15	Am 1998 No 102, Sch 3.3 [2]; 2003 No 45, Sch 2.2 [5]; 2003 No 87, Sch 3.8 [2].
Sec 16	Am 1998 No 102, Sch 3.3 [2]; 2003 No 45, Sch 2.2 [6]; 2003 No 87, Sch 3.8 [2].
Sec 17	Am 1986 No 47, Sch 2 (4); 1998 No 102, Sch 3.3 [3]; 2003 No 45, Sch 2.2 [7]; 2003 No 87, Sch 3.8 [2].
Sec 18	Subst 1986 No 47, Sch 2 (5). Am 1998 No 102, Sch 3.3 [4]–[7]; 2003 No 45, Sch 2.2 [8].
Sec 18A	Ins 1999 No 67, Sch 2.
Sec 18B	Ins 2014 No 59, Sch 1.7 [2].
Sec 19	Am 2012 No 97, Sch 1.7 [1].
Sec 20	Am 1998 No 149, Sch 2.7 [1]; 2012 No 97, Sch 1.7 [2].
Sec 21	Am 1988 No 17, Sch 1 (2); 2014 No 59, Sch 1.7 [3].
Sec 22	Am 2001 No 121, Sch 2.88 [2]; 2006 No 39, Sch 1 [4]; 2006 No 120, Sch 2.23.
Sec 23	Am 1986 No 47, Sch 2 (6); 1998 No 160, Sch 1 [2]; 2006 No 57, Sch 1 [5]–[7]; 2016 No 6, Sch 1 [2]; 2016 No 37, Sch 1.1 [4]; 2020 No 30, Sch 2.13.
Sec 23A	Ins 2006 No 57, Sch 1 [8].
Sec 24	Am 1986 No 47, Sch 2 (7); 2006 No 39, Sch 1 [5]–[8]; 2009 No 106, Sch 2.8; 2016 No 37, Sch 1.1 [5] [6].
Sec 24A	Ins 2000 No 107, Sch 1 [1]. Am 2001 No 117, Sch 8; 2006 No 39, Sch 1 [9]; 2006 No 107, Sch 1.15 [2]; 2007 No 57, Sch 4 [2] [3]; 2016 No 37, Sch 1.1 [7]–[9].
Sec 24B	Ins 2007 No 57, Sch 4 [4].
Sec 25	Am 1986 No 47, Sch 2 (8); 1995 No 23, Sch 1.5 [2] [3]; 1997 No 87, Sch 2 [3]; 1998 No 160, Sch 1 [3] [4]; 2006 No 39, Sch 1 [10]–[12]; 2009 No 106, Sch 2.8; 2016 No 6, Sch 1 [2]; 2020 No 30, Sch 2.13; 2024 No 3, Sch 6[1] [2].
Sec 25A	Ins 1998 No 73, Sch 1.
Sec 25B	Ins 2013 No 70, Sch 1 [4]. Rep 2014 No 59, Sch 1.7 [4].
Sec 27	Am 2012 No 97, Sch 1.7 [3].
Sec 28	Am 1998 No 149, Sch 2.7 [1]; 2012 No 97, Sch 1.7 [4].
Sec 29	Am 1998 No 102, Sch 3.3 [8]; 2003 No 45, Sch 2.2 [9]; 2003 No 87, Sch 3.8 [2].
Sec 30	Am 1988 No 17, Sch 1 (3); 1995 No 22, Sch 2.4 [1]; 1995 No 23, Sch 1.5 [4]; 1998 No 149, Sch 2.7 [2] [3]; 1999 No 94, Sch 4.19; 2001 No 121, Sch 2.88 [3]; 2006 No 39, Sch 1 [13] [14]; 2006 No 57, Sch 1 [9] [10].
Sec 31	Am 1988 No 17, Sch 1 (4); 1995 No 22, Sch 2.4 [2]; 1995 No 23, Sch 1.5 [4]; 1998 No 149, Sch 2.7 [4] [5]; 1999 No 94, Sch 4.19; 2000 No 107, Sch 1 [2]; 2001 No 121, Sch 2.88 [3]; 2006 No 39, Sch 1 [13] [14]; 2006 No 57, Sch 1 [9] [10]; 2007 No 57, Sch 4 [5].
Sec 32	Am 1988 No 17, Sch 1 (5); 1995 No 22, Sch 2.4 [3]; 1995 No 23, Sch 1.5 [4]; 1998 No 149, Sch 2.7 [6]; 1999 No 94, Sch 4.19; 2001 No 121, Sch 2.88 [3]; 2018 No 4, Sch 1.7 [1]–[4].
Sec 33	Subst 1988 No 17, Sch 1 (6). Am 1995 No 23, Sch 1.5 [5]; 1998 No 149, Sch 2.7 [6]; 2006 No 57, Sch 1 [11].
Sec 33AA	Ins 1995 No 23, Sch 1.5 [6]. Am 1998 No 149, Sch 2.7 [6].
Sec 33AB	Ins 2000 No 107, Sch 1 [3]. Am 2007 No 57, Sch 4 [6].
Sec 33AC	Ins 2006 No 39, Sch 1 [15].
Sec 33AD	Ins 2006 No 57, Sch 1 [12].
Sec 33A	Ins 1989 No 218, Sch 2.
Sec 35	Subst 1986 No 47, Sch 1 (1).
Sec 35A	Ins 2007 No 57, Sch 4 [7].
Sec 36	Rep 2012 No 97, Sch 1.7 [5].
Part 2A	Ins 1999 No 67, Sch 1.
Part 2A, Div 1	Ins 1999 No 67, Sch 1.
Sec 36A	Ins 1999 No 67, Sch 1. Am 2002 No 21, Sch 1 [1]; 2003 No 47, Sch 1 [1] [2]; 2007 No 17, Sch 1 [1]; 2010 No 81, Sch 1 [1]–[3].
Sec 36B	Ins 1999 No 67, Sch 1. Am 2002 No 21, Sch 1 [2]; 2003 No 47, Sch 1 [3] [4]; 2007 No 17, Sch 1 [2]. Subst 2010 No 81, Sch 1 [4]. Am 2024 No 71, Sch 5.
Sec 36C	Ins 1999 No 67, Sch 1. Subst 2010 No 81, Sch 1 [4].
Sec 36D	Ins 1999 No 67, Sch 1. Am 2002 No 21, Sch 1 [3]; 2003 No 47, Sch 1 [5]; 2010 No 34, Sch 2.14 [2]; 2010 No 81, Sch 1 [5].
Part 2A, Div 2	Ins 1999 No 67, Sch 1.
Secs 36E, 36F	Ins 1999 No 67, Sch 1.
Sec 36G	Ins 1999 No 67, Sch 1. Am 2002 No 21, Sch 1 [4]; 2010 No 81, Sch 1 [6].
Secs 36H–36J	Ins 1999 No 67, Sch 1.
Sec 36K	Ins 1999 No 67, Sch 1. Subst 2007 No 17, Sch 1 [3].
Sec 36KA	Ins 2010 No 81, Sch 1 [7].
Part 2A, Div 3 (secs 36L, 36M)	Ins 1999 No 67, Sch 1.
Part 2A, Div 4	Ins 1999 No 67, Sch 1.
Sec 36N	Ins 1999 No 67, Sch 1. Am 2014 No 5, Sch 2.17.
Secs 36O, 36P	Ins 1999 No 67, Sch 1.
Part 2A, Div 5	Ins 1999 No 67, Sch 1.
Sec 36Q	Ins 1999 No 67, Sch 1. Am 2010 No 81, Sch 1 [8].
Secs 36R, 36S	Ins 1999 No 67, Sch 1.
Sec 36T	Ins 2002 No 21, Sch 1 [5]. Am 2003 No 47, Sch 1 [6]; 2007 No 17, Sch 1 [4]. Subst 2010 No 81, Sch 1 [9].
Part 2B	Ins 2002 No 103, Sch 4.25 [2].
Sec 36TA	Ins 2006 No 57, Sch 1 [13]. Am 2006 No 107, Sch 1.15 [3].
Sec 36U	Ins 2002 No 103, Sch 4.25 [2].
Sec 36V	Ins 2002 No 103, Sch 4.25 [2]. Am 2006 No 57, Sch 1 [14].
Sec 36W	Ins 2002 No 103, Sch 4.25 [2]. Am 2006 No 57, Sch 1 [15] [16].
Sec 36X	Ins 2002 No 103, Sch 4.25 [2].
Sec 36Y	Ins 2002 No 103, Sch 4.25 [2]. Subst 2006 No 107, Sch 1.15 [4].
Sec 36Z	Ins 2002 No 103, Sch 4.25 [2]. Subst 2006 No 107, Sch 1.15 [5].
Sec 36ZA	Ins 2002 No 103, Sch 4.25 [2]. Am 2006 No 107, Sch 1.15 [6]; 2007 No 94, Sch 2.
Sec 36ZB	Ins 2002 No 103, Sch 4.25 [2]. Subst 2012 No 97, Sch 1.7 [6].
Sec 36ZC	Ins 2002 No 103, Sch 4.25 [2].
Part 2C (secs 36ZD–36ZG)	Ins 2013 No 70, Sch 1 [5].
Sec 37	Rep 2002 No 103, Sch 4.25 [3].
Sec 38	Am 1988 No 17, Sch 1 (7); 2010 No 59, Sch 2.25; 2011 No 62, Sch 3.9 [1].
Sec 39	Am 1986 No 47, Sch 2 (9); 2011 No 62, Sch 3.9 [1].
Part 3A	Ins 1986 No 47, Sch 1 (2). Subst 2016 No 6, Sch 1 [3].
Part 3A, Div 1	Ins 1986 No 47, Sch 1 (2). Subst 2016 No 6, Sch 1 [3].
Sec 39A	Ins 1986 No 47, Sch 1 (2). Subst 2006 No 39, Sch 1 [17]; 2006 No 107, Sch 1.15 [7]; 2016 No 6, Sch 1 [3].
Sec 39B	Ins 1986 No 47, Sch 1 (2). Am 2006 No 107, Sch 1.15 [8]. Subst 2016 No 6, Sch 1 [3].
Part 3A, Div 2	Ins 1986 No 47, Sch 1 (2). Subst 2016 No 6, Sch 1 [3].
Sec 39C	Ins 1986 No 47, Sch 1 (2). Am 2006 No 107, Sch 1.15 [8]; 2011 No 62, Sch 3.9 [1]. Subst 2016 No 6, Sch 1 [3].
Sec 39CA	Ins 2018 No 29, Sch 1.12 [1].
Sec 39D	Ins 1986 No 47, Sch 1 (2). Am 2006 No 107, Sch 1.15 [8]; 2011 No 62, Sch 3.9 [1]. Subst 2016 No 6, Sch 1 [3].
Part 3A, Div 3	Ins 1986 No 47, Sch 1 (2). Subst 2016 No 6, Sch 1 [3].
Secs 39E–39H	Ins 1986 No 47, Sch 1 (2). Am 2006 No 107, Sch 1.15 [8]. Subst 2016 No 6, Sch 1 [3].
Sec 39I	Ins 1986 No 47, Sch 1 (2). Am 1998 No 160, Sch 1 [5] [6]; 2006 No 107, Sch 1.15 [8]. Subst 2016 No 6, Sch 1 [3].
Secs 39J–39L	Ins 1986 No 47, Sch 1 (2). Am 2006 No 107, Sch 1.15 [8]. Subst 2016 No 6, Sch 1 [3].
Sec 39M	Ins 1986 No 47, Sch 1 (2). Am 2006 No 107, Sch 1.15 [8]; 2011 No 62, Sch 3.9 [1]. Subst 2016 No 6, Sch 1 [3].
Part 3A, Div 4	Ins 2016 No 6, Sch 1 [3].
Sec 39N	Ins 1986 No 47, Sch 1 (2). Am 1998 No 160, Sch 1 [7]. Subst 2016 No 6, Sch 1 [3].
Secs 39O, 39P	Ins 1986 No 47, Sch 1 (2). Subst 2016 No 6, Sch 1 [3].
Part 3A, Div 2A	Ins 2002 No 128, Sch 1. Rep 2016 No 6, Sch 1 [3].
Sec 39PA	Ins 2002 No 128, Sch 1. Am 2010 No 97, Sch 2.7 [1]. Rep 2016 No 6, Sch 1 [3].
Part 3A, Div 2B	Ins 2006 No 39, Sch 1 [18]. Rep 2016 No 6, Sch 1 [3].
Sec 39PB	Ins 2006 No 39, Sch 1 [18]. Am 2006 No 94, Sch 3.10; 2006 No 107, Sch 1.15 [9]–[11]. Rep 2016 No 6, Sch 1 [3].
Sec 39Q	Ins 1986 No 47, Sch 1 (2). Subst 2016 No 6, Sch 1 [3].
Sec 39R	Ins 1986 No 47, Sch 1 (2). Am 2006 No 107, Sch 1.15 [12]; 2011 No 62, Sch 3.9 [1]. Rep 2016 No 6, Sch 1 [3].
Sec 39RA	Ins 1998 No 160, Sch 1 [8]. Am 2006 No 39, Sch 1 [19]; 2006 No 94, Sch 3.10; 2007 No 27, Sch 2.13; 2011 No 62, Sch 3.9 [2]. Rep 2016 No 6, Sch 1 [3].
Sec 39S	Ins 1986 No 47, Sch 1 (2). Am 2011 No 62, Sch 3.9 [1]. Rep 2016 No 6, Sch 1 [3].
Sec 40	Am 2013 No 70, Sch 1 [6]; 2014 No 59, Sch 1.7 [5].
Sec 40A	Ins 1986 No 47, Sch 2 (10). Am 2007 No 57, Sch 4 [8].
Sec 41	Am 2016 No 6, Sch 1 [4].
Sec 41A	Ins 2008 No 58, Sch 2.1 [3]. Am 2016 No 6, Sch 1 [5]; 2016 No 37, Sch 1.1 [10].
Sec 42	Am 2009 No 106, Sch 2.8; 2016 No 6, Sch 1 [6]. Subst 2024 No 3, Sch 6[3].
Sec 43	Am 1986 No 47, Sch 2 (11); 1988 No 17, Sch 1 (8); 1996 No 2, Sch 2; 1996 No 121, Sch 1.2; 2006 No 39, Sch 1 [21]; 2010 No 59, Sch 2.25; 2010 No 97, Sch 2.7 [2]; 2016 No 6, Sch 1 [9]; 2016 No 54, Sch 1.9 [1] [2]; 2023 No 19, Sch 1[1]; 2024 No 3, Sch 6[4] [5].
Secs 43A, 43B	Ins 2012 No 97, Sch 1.7 [7].
Sec 44	Subst 1988 No 63, Sch 1 (1).
Sec 44A	Ins 2007 No 57, Sch 4 [9].
Sec 45	Am 1992 No 112, Sch 1; 2001 No 121, Sch 2.88 [4]; 2006 No 39, Sch 1 [23]; 2006 No 107, Sch 1.15 [13]; 2007 No 94, Sch 2; 2013 No 70, Sch 1 [7]; 2023 No 39, Sch 6.14.
Sec 46	Ins 2014 No 59, Sch 1.7 [6].
Sch 1	Am GG No 136 of 29.8.1986, p 4184; GG No 109 of 26.6.1987, p 3391 (on and from 1.7.1987); GG No 33 of 19.2.1988, p 953. Subst 1988 No 17, Sch 1 (9). Am 1988 No 63, Sch 1 (2); GG No 65 of 18.5.1990, p 3901 (on and from 3.6.1990); GG No 134 of 27.9.1991, p 8341 (on and from 20.10.1991); GG No 82 of 23.7.1993, p 4052 (on and from 25.7.1993); GG No 136 of 7.10.1994, p 6165 (on and from 10.10.1994); GG No 83 of 7.7.1995, p 3581; GG No 102 of 25.8.1995, p 4453; GG No 131 of 27.10.1995, p 7419 (on and from 1.11.1995); GG No 117 of 18.10.1996, p 6959; GG No 146 of 13.12.1996, p 8254 (on and from 20.12.1996); GG No 18 of 14.2.1997, p 548; GG No 6 of 13.1.1999, p 113; GG No 27 of 5.3.1999, p 1553; GG No 105 of 18.8.2000, p 7749 (on and from 21.8.2000); GG No 156 of 12.10.2001, p 8518 (on and from 1.3.2002); GG No 149 of 20.9.2002, p 8201; GG No 75 of 17.4.2003, p 4527; GG No 121 of 1.8.2003, p 7537; GG No 197B of 19.12.2003, p 11591; 2006 No 39, Sch 1 [24] [26]; 2006 No 57, Sch 1 [17]; 2007 No 57, Sch 4 [10] [11]; 2009 (221), cl 3 (1) (2); 2011 (347), Sch 1; 2013 No 70, Sch 1 [8]; 2013 (556), Sch 1; 2014 No 2, Sch 4; 2014 No 88, Sch 2.18; 2015 (527), cl 3; 2016 (211), Sch 1 [1]–[5]; 2017 No 44, Sch 1.11 [1] [2]; 2018 No 29, Sch 1.12 [2]; 2019 No 10, Sch 1.12 [1]–[6]; 2020 No 26, Sch 1.9[1] [2]; 2021 (157), Sch 1[1]–[9]; 2021 (158), cl 3; 2023 No 7, Schs 1.7, 2.22.
Sch 2	Ins 2007 No 57, Sch 4 [12].
Sch 3, heading	Ins 2016 No 6, Sch 1 [10]. Am 2018 No 29, Sch 1.12 [3].
Sch 3	Ins 2016 No 6, Sch 1 [10]. Am 2017 No 44, Sch 1.11 [3]; 2018 No 29, Sch 1.12 [4]; 2023 No 19, Sch 1[2]–[6].