Drugs and the law

There are many substances that we consider to be ‘drugs’ that are not illegal. These include alcohol, tobacco, steroids, and medications.

For some of these drugs, there are different rules around how you can use them legally. Remember, even if a substance is legal, you may still break the law if you use it in a way it is not intended to be used.

Medicines

Understanding the legal rules around prescription drugs and medicines in New Zealand can be tricky. Drugs that can be prescribed by your doctor are governed by the Medicines Act 1981. But some substances that are prescribed, or ingredients in them, are also scheduled as ‘controlled’ drugs under the Misuse of Drugs Act. This means that they can only be used by the people they are prescribed for, in the way prescribed, or you risk breaking the law.

Medicines like benzodiazepines (Xanax, Lorazepam), amphetamines (Ritalin, Adderall), anabolic steroids and opioids (Tramadol, Codeine, morphine, fentanyl) can be prescribed by a doctor in New Zealand or overseas. You can take these medicines as they were prescribed to you and can usually travel to other countries with them. You are not allowed to give these medicines to other people, sell them, buy them, or import them. Medical professionals have rules around how they can prescribe these medicines and they monitor patients that are taking them.

If a medicine has not been scheduled in New Zealand, this means it is not legally able to be used. You can only legally have medicines like this in New Zealand if you have been prescribed them by a doctor overseas and you have evidence of this. If you are not sure whether you should be bringing these medicines into the country, you can speak with your doctor about the next steps.

Medicinal Cannabis Products

It is legal to use Medicinal Cannabis products as prescribed by a doctor in New Zealand, but there are rules around this. Having a prescription does not mean you can buy CBD or THC products online- this is currently not legal. You will be prescribed a cannabis product that is approved under the Medicines Act 1981 or that is verified by the Medical Cannabis Agency and it must be dispensed by a pharmacy or doctor.

If you are coming to New Zealand from overseas with a Cannabis product, you must show proof that it has been prescribed by a doctor and declare it to New Zealand Customs. You can only carry a 3-month supply of a CBD product or a 1-month supply of any other Cannabis product.

Tobacco and Nicotine Products

Many of the rules around Tobacco and other nicotine products, such as vapes have to do with the places that sell them, who they can sell them to and how they are packaged. Tobacco and nicotine products cannot be sold to people under the age of 18 in New Zealand. You must show evidence of your age (Passport, Driver’s License, or 18+ Card) when you are buying these products.

It is illegal for someone 18 or over to buy Tobacco or nicotine products to give to someone under 18. However, there are no legal penalties for people under 18 using or possessing Tobacco or nicotine products. It is also illegal to smoke in a vehicle carrying someone under 18.

There are many areas in New Zealand where you are not allowed to smoke Tobacco products. These are all listed in the Smokefree Environments and Regulated Products Act 1990. For example, you are not allowed to smoke or vape at schools or childhood education centers, on aircrafts or in workplaces outside of a dedicated room, area, or vehicle. There are many other areas where you are not allowed to smoke or vape, and other places like bars or restaurants where you can only smoke in certain areas outside. If you are found to be smoking or vaping in an area where this is banned, you can receive a warning or an infringement notice and fine.

You can grow Tobacco plants for personal use, but you cannot sell these. You can buy and sell the seeds for Tobacco plants legally in New Zealand. You cannot sell any other Tobacco product to others in New Zealand unless you are a licensed retailer.

Alcohol

Like Tobacco, most of the rules around alcoholic products have to do with the people that sell or supply them. Under the Sale and Supply of Alcohol Act 2012, alcoholic products cannot be sold or supplied to people under the age of 18 in New Zealand. You must show evidence of your age (Passport, Driver’s License, or 18+ Card) when you are buying these products. If you are serving alcohol somewhere like a restaurant or a bar you must have a license to do so. You can be fined for serving people who are intoxicated.

It is illegal to buy for or supply people under the age of 18 with Alcohol in New Zealand. However, there are no legal penalties for people under 18 using or possessing alcoholic products.

It is illegal to consume Alcohol in an area that has a liquor ban. This does not include people’s houses, but does include areas like streets, beaches, and parks. You can look at your local council’s website for more information on where Alcohol is banned in public places. This also means you cannot walk around with open alcoholic products in these areas or take open Alcohol from places like bars onto the street.

In New Zealand, you may be ‘breathalyzed’ for Alcohol when driving. This could be at a random checkpoint, or if you are involved in an incident on the road. For drivers under 20, you cannot have any Alcohol in your system when driving and for people over 20 you cannot have more than 250 micrograms (mcg) of alcohol per litre of breath and a blood Alcohol limit of 50mg of Alcohol per 100ml of blood. Some people think that this means ‘two standard drinks’ but this isn’t always true. There are lots of other factors such as if you have eaten, your body size or how quickly you have consumed Alcohol.

There are currently no penalties in New Zealand for driving with an open or closed bottle of alcohol in your car. You can drink an alcoholic beverage while driving if you are over 20 and your blood alcohol level is not over the limit.

It is an offence under the Misuse of Drugs Act 1975 to use, possess, cultivate or traffic (deal) illegal drugs. Youth offenders under the age of 17 do not have the same penalties as adults. The Youth Court deals with drug offences by young people aged 12 to 17 years old that are too serious to be dealt with by Police in the community.

All drugs are classified as a class A, B, or C controlled substance. These classes have specific penalties attached to them.

In the following list, 'indictment' refers to a conviction dealt with in a Crown Court (with a jury); 'summarily' refers to a conviction in a Magistrates Court (without a jury).

Possession

This refers to having a drug on you, or somewhere in your possession, regardless of if it is yours or someone else’s. If you are charged with possession it must be proven in court that you were aware you had the drug on you. This also includes if it is on your property and belongs to you.

If found convicted of possession the penalties can include:

• Class A - Can result in a maximum of 6 months imprisonment and/or $1,000 fine.
• Class B - Can result in a maximum of 3 months imprisonment and/or $500 fine.
• Class C - Can result in a maximum of 3 months imprisonment and/or $500 fine.

Supply or Manufacture

Supply refers to giving, exchanging, offering to, agreeing to, preparing, or planning to sell a drug. Penalties are more severe if the amount is done in commercial (very large) amounts.

Manufacture refers to making the drug.

If found convicted of supply or manufacture the penalties can include:

• Class A - Can result in a maximum of life imprisonment.
• Class B - Can result in a maximum of 14 years imprisonment.
• Class C - Can result in a maximum of 8 years imprisonment (indictment) or 1 year jail and/or $1,000 fine (summarily)

Import or Export

Import refers to buying an item/s outside of NZ and bringing it into the country. Export refers to selling an item/s made within NZ and sending it to another country.

Penalties for importing and exporting illegal drugs and precursor substances (ingredients that are used to make the drug) in NZ are grouped into four different areas.

Importing or exporting illegal drug/s where you were the main person/s responsible. If found convicted of this act, penalties can include:

• Class A - Can result in a maximum of life imprisonment.
• Class B - Can result in a maximum of 14 years imprisonment.
• Class C - Can result in a maximum of 8 years imprisonment.

 Importing or exporting illegal drug/s where you assisted the person/s responsible. If found convicted of this act, penalties can include:

• Class A - Can result in a maximum of 14 years imprisonment.
• Class B - Can result in a maximum of 10 years imprisonment.
• Class C or in any other case may result in a maximum of 7 years imprisonment.

 Importing or exporting a precursor substance knowing they will be used unlawfully (supply, manufacture etc)

• Maximum of 7 years imprisonment

 Importing or exporting a precursor substance/s without a reasonable excuse.

Reasonable excuse refers to specific rules that allow some people/places to legally use the precursor substance in their job such as veterinarians, pharmacists, medical practitioners, if it is lawfully supplied to you for medical purposes, exported to be used lawfully in the country it is sent to, or in agriculture, commercial, and industrial roles.

If found convicted of this act, penalties can include:

• Maximum of 1 year imprisonment or $1000 fine, or both

Letting your premises or motor vehicle be used by someone to make, use, or carry drugs.

If you are charged with this, it must be proven in court that you were aware the premises were used for this purpose.

If found convicted of this act, penalties can include:

• Class A - Can result in a maximum of 10 years imprisonment.
• Class B - Can result in a maximum of 7 years imprisonment.
• Class C - Can result in a maximum of 3 years imprisonment.

Possession of instruments for the purpose of taking drugs

This might include having on you or in your possession, items such as a pipe, bong, needles, syringes or spotting knife).

If found convicted of this act, penalties can include:

• A maximum of 1 year imprisonment and/or $500 fine

Cultivation of prohibited plants (e.g. cannabis)

• A maximum of 7 years imprisonment (indictment) or 2 years jail and/or $2,000 fine (summarily)

Having in your possession seed or fruit of a prohibited plant

This means if you have the seed or fruit of a prohibited plant on you, or somewhere in your possession. If you are charged with this, it must be proven in court that you were aware you had the seed or fruit of a drug on you.

If found convicted of this act, penalties can include:

• One year imprisonment and/or $500 fine

Psychoactive Substances Act

All psychoactive drugs and substances that do not come under the Misuse of Drugs Act 1975 come under an act called the Psychoactive Substances Act 2013. This act covers any psychoactive substance and says that these cannot be bought, sold, imported or made in New Zealand without a license. In order to get a license, you have to be able to prove that the substance is 'safe' for human consumption, which is difficult to do, so most psychoactive products do not qualify. If you are caught selling, offering to sell or possessing with the intent to sell a product under this act, you can receive a maximum imprisonment of 2 years (for an individual), or a fine not exceeding $500,000 (for a body corporate). You can receive a fine of up to $500 for possessing one of these substances, without intent to sell. This act does not list individual substances.

Everyone is New Zealand has legal rights regardless of whether they use drugs or not. It is important that you understand what your rights are if you are using drugs.

Police discretion for addiction

Under the Misuse of Drugs Act amendment 2019, if you are caught by police in possession of a controlled substance, they may use discretion if they believe a prosecution would not be in the interest of public safety. This means police may choose alternatives to penalties, such as alcohol and other drug support services.

Seeking medical help

If something goes wrong when you or people around you are using drugs, it is important to know that it is unlikely you will be in legal trouble if you ask for medical help. This is not the case in every situation, but police can use discretion if they are called.

The Health Privacy Act 1993 in New Zealand is a code for health professionals. It means that your medical information is private and, in most cases, cannot be shared with other people, such as the police.

Right to Support

Everyone in New Zealand has the right to receive support for their alcohol or other drug issues even if you are a regular drug user.

The Human Rights Act 1993 In New Zealand means that everyone has the right to be treated fairly when it comes to health and social services. It may be unlawful for someone in these services to discriminate against you or treat you differently because you are a person who uses drugs. You have the right to receive treatment for alcohol and other drug issues, even if you are in prison.

Sometimes, if you are thought to not be able to make decisions about addictions treatment, you may be required to participate in a alcohol or other drug service programme, under the Substance Addiction (Compulsory Assessment and Treatment) Act 2017.

It can also be unlawful for Work and Income New Zealand (WINZ) to discriminate against you or treat you unfairly if you are experiencing drug addiction. If your health and daily life is affected by an addiction to drugs, you have the right to receive support from WINZ.