Drugs of Dependence Regulation 2009 (ACT)
Drugs of Dependence Regulation 2009
SL2009-5
made under the
Drugs of Dependence Act 1989
Republication No 3
Effective: 28 October 2023
Republication date: 28 October 2023
Last amendment made by A2022‑20
About this republication
The republished law
This is a republication of the Drugs of Dependence Regulation 2009, made under the Drugs of Dependence Act 1989 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 28 October 2023. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 28 October 2023.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Drugs of Dependence Regulation 2009
made under the
Drugs of Dependence Act 1989
Contents
Page
1 Name of regulation 2
3 Notes 2
3A Offence notice penalty—Act, s 171A (3) (c) (i) 2
4 Drugs of dependence—Act, dict, def drug of dependence 2
5 Prohibited substances—Act, dict, def prohibited substance 2
6 Small quantity—Act, dict, def small quantity 3
Endnotes
1 About the endnotes 6
2 Abbreviation key 6
3 Legislation history 7
4 Amendment history 7
5 Earlier republications 8
Drugs of Dependence Regulation 2009
made under the
Drugs of Dependence Act 1989
Name of regulation
This regulation is the Drugs of Dependence Regulation 2009.
Notes
A note included in this regulation is explanatory and is not part of this regulation.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3AOffence notice penalty—Act, s 171A (3) (c) (i)
The prescribed penalty is $100.
Drugs of dependence—Act, dict, def drug of dependence
Each of the following substances is a drug of dependence for the Act:
(a)a substance mentioned in the Criminal Code Regulation 2005, schedule 1 (Controlled drugs), part 1.1 (Controlled medicines);
(b)a related drug (within the meaning of that regulation, section 5 (2)) of a substance mentioned in that part.
Prohibited substances—Act, dict, def prohibited substance
Each of the following substances is a prohibited substance for the Act:
(a)a substance mentioned in the Criminal Code Regulation 2005, schedule 1 (Controlled drugs), part 1.2 (Prohibited substances);
(b)a related drug (within the meaning of that regulation, section 5 (2)) of a substance mentioned in that part.
Small quantity—Act, dict, def small quantity
(1)For the Act—
(a)the small quantity mentioned in table 6.1, column 3 for a drug of dependence mentioned in column 2, whether in pure form or a mixture containing the drug, is prescribed; and
(b)the small quantity mentioned in table 6.2, column 3 for a prohibited substance mentioned in column 2, other than items 5 and 6, whether in pure form or a mixture containing the substance, is prescribed; and
(c)the small quantity mentioned in table 6.2, column 3 for a prohibited substance mentioned in column 2, items 5 and 6, in a pure form of the substance, is prescribed.
Table 6.1Small quantity—drugs of dependence
| column 1 item | column 2 drug of dependence | column 3 small quantity | column 4 discrete dosage unit (DDU) |
| 1 | amphetamine | 1.5g | |
| 2 | cocaine | 1.5g | |
| 3 | methylamphetamine | 1.5g |
Table 6.2Small quantity—prohibited substances
| column 1 item | column 2 prohibited substance | column 3 small quantity | column 4 discrete dosage unit (DDU) |
| 1 | 3,4-Methylenedioxymethylamphetamine (MDMA) | 5 DDU or 1.5g | 0.3g |
| 2 | cannabis (dried cannabis) | 50g | |
| 3 | cannabis (harvested cannabis) | 150g | |
| 4 | heroin | 1g | |
| 5 | lysergic acid | 5 DDU or 0.001g | 0.0002g |
| 6 | lysergide (LSD, LSD-25) | 5 DDU or 0.001g | 0.0002g |
| 7 | psilocybine | 1.5g |
(2)In this section:
discrete dosage unit (or DDU), for a drug of dependence or a prohibited substance, means the drug or substance in a form—
(a)prepared, or apparently prepared, to be administered as a single dose; and
(b)containing not more than—
(i)for a drug of dependence—the quantity mentioned in table 6.1, column 4 for a drug mentioned in column 2, whether in pure form or a mixture containing the drug; and
(ii)for a prohibited substance—the quantity mentioned in table 6.2, column 4 for a substance mentioned in column 2, other than items 5 and 6, whether in pure form or a mixture containing the substance; and
(iii)for a prohibited substance—the quantity mentioned in table 6.2, column 4 for a substance mentioned in column 2, items 5 and 6, in a pure form of the substance.
Examples—par (a)
tablet, capsule
dried cannabis means cannabis that has been subjected to a drying process.
harvested cannabis means cannabis that has been harvested and—
(a)is not dried cannabis; or
(b)is a mixture of dried cannabis and cannabis that is not dried cannabis.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Drugs of Dependence Regulation 2009 SL2009-5
notified LR 26 February 2009
s 1, s 2 commenced 26 February 2009 (LA s 75 (1))
remainder commenced 27 February 2009 (s 2)as amended by
Criminal Code (Controlled Drugs) Legislation Amendment Regulation 2014 (No 1) SL2014-6 pt 3
notified LR 10 April 2014
s 1, s 2 commenced 10 April 2014 (LA s 75 (1))
pt 3 commenced 17 April 2014 (s 2)Drugs of Dependence (Personal Use) Amendment Act 2022 A2022-20 pt 3
notified LR 28 October 2022
s 1, s 2 commenced 28 October 2022 (LA s 75 (1))
pt 3 commenced 28 October 2023 (s 2)Amendment history
Commencement
s 2om LA s 89 (4)
Offence notice penalty—Act, s 171A (3) (c) (i)
s 3Ains A2022-20 s 13
Drugs of dependence—Act, dict, def drug of dependence
s 4am SL2014‑6 s 8, s 9
Prohibited substances—Act, dict, def prohibited substance
s 5am SL2014‑6 s 10, s 11
Small quantity—Act, dict, def small quantity
s 6om LA s 89 (3)
ins A2022-20 s 14
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
27 Feb 200927 Feb 2009–
16 Apr 2014not amended new regulation R2
17 Apr 201417 Apr 2014–
27 Oct 2023SL2014‑6 amendments by SL2014‑6
0
0
0