Misuse of Drugs Act 1981 (WA)

Western Australia

Western Australia

Misuse of Drugs Act 1981

An Act to prevent the misuse of certain drugs and plants and to provide for matters incidental thereto or connected therewith.

This Act may be cited as the Misuse of Drugs Act 1981.

This Act shall come into operation on a day to be fixed by proclamation.

• (1)

  In this Act, unless the contrary intention appears —

adult means a person who has reached 18 years of age;

analyst means analyst registered under section 203 of the Health (Miscellaneous Provisions) Act 1911;

approved analyst means —

• (a)

  a person declared under section 3A to be an approved analyst; or

• (b)

  a person belonging to a class prescribed for the purposes of this definition;

approved botanist means a botanist declared under section 3A to be an approved botanist;

authorised prescription means a prescription issued by a prescriber as those terms are defined in the Medicines and Poisons Act 2014 section 7(1);

Border Search Area (BSA) has the meaning given in section 20N(1);

botanist means a person who — 

• (a)

  holds a science degree in, or to a major extent in, botany awarded by — 

• (i)

  a university in Australia; or

• (ii)

  a prescribed university;

and

• (b)

  has had not less than 2 years practical experience in plant taxonomy;

cannabis means plant of the genus Cannabis (by whatever name designated) or part of that plant;

cannabis resin means separated resin, whether crude or purified, obtained from cannabis;

category 1 item has the meaning given in section 12;

category 2 item has the meaning given in section 12;

child means a person who is under 18 years of age;

Commissioner means the Commissioner of Police appointed under the Police Act 1892;

controlled precursor means a category 1 item or a category 2 item;

dangerous substance means a substance (other than a prohibited drug or prohibited plant) that is noxious or volatile;

drug detection device means an electronic device, or a system that uses or involves an electronic device, of a type approved by the Commissioner for the purpose of detecting the presence of any of the following —

• (a)

  a prohibited drug;

• (b)

  a prohibited plant;

• (c)

  a controlled precursor;

drug detection dog means a dog trained to detect the presence of any of the following —

• (a)

  a prohibited drug;

• (b)

  a prohibited plant;

• (c)

  a controlled precursor;

drug of addiction means —

• (a)

  a Schedule 8 poison as defined in the Medicines and Poisons Act 2014 section 3; or

• (b)

  a Schedule 9 poison as defined in the Medicines and Poisons Act 2014 section 3;

heroin means the drug commonly known as heroin and includes any substance containing diacetylmorphine or its salts and any preparation, admixture or extract containing diacetylmorphine or any such salt;

industrial hemp has…