Rajwaswb.org.au

MISUSE OF DRUGS ACT
PENALTIES
NOTE: If the offence is not listed then you do not have jurisdiction to “determine” the charge
(s3 Criminal Procedure Act)
IMPRISONMENT
Defn. – “Prohibited drug or plant as provided in s4” 5(1)(a)(i)
Occupier permits premises to be used for manufacture or preparation of prohibited drug 5(1)(a)(ii)
Occupier permits premises to be used for manufacture, preparation, sale, supply or use Owner or lessee permits the premises to be 5(1)(d)(i)
Possession of pipes or utensils for use with 5(1)(d)(ii)
Possession of utensil used in manufacture or preparation of drug or plant in or on which See s 11 –presumed to be within s6(1)(a) if not less than amounts in sch 5 Possession or cultivation of a prohibited plant See s11 –presumed to be within s7(1)(a) if not less than amounts in sch 6 7A(2)&(3)
Failure to comply with prohibition order made IMPRISONMENT
Possession without lawful excuse of category A supplier who sells or supplies a category 1 Supplier of category 1 item if supply made Supplier of category 1 item fails to give copy of declaration to Commr of Police within 24 Supplier of category 1 item if item stored in such manner that fails to prevent access by Supplier of category 1 item if fail to retain copy of authorization in s16(1) while it has Supplier who sells category 2 item unless Supplier of category 2 item fails to give copy of declaration to Commr of Police as soon as Supplier of category 1 or 2 item if fail to retain 1st offence False or misleading info in a declaration Failure to comply with requirement to give Hindering, delaying, obstructing police & 34(1)(d)
Offences under s5(1)(a), (b), (c), (d); 8, 25(2), 3 000 34(1)(e)
Offences under s5(1)(e), 6(2), 7(2), 7A(3) or SCHEDULE I DRUGS TO WHICH ACT APPLIES,
NOTWITHSTANDING ANYTHING IN POISONS ACT 1964
[heading am Act 19 of 2010 s 4, effective 11 September 2010]
Cocaine, ecgonine, heroin, morphine and their respective salts.
Any preparation, admixture, extract, or other substance containing not less than— (a) 0.2% of morphine, the percentage of morphine being for the purpose of this item calculated as in respect of Cannabis or cannabis resin or any other cannabis derivative.
SCHEDULE II PLANTS TO WHICH ACT APPLIES,
NOTWITHSTANDING ANYTHING IN POISONS ACT 1964
[heading am Act 19 of 2010 s 4, effective 11 September 2010]
Item
Prohibited plant
1 Papaver somniferum2 Papaver bracteatum SCHEDULE III AMOUNTS OF PROHIBITED DRUGS DETERMINING
COURT OF TRIAL
[Sch III am Gaz 253 of 7 December 2007 , effective 8 December 2007 ]
[heading am Act 19 of 2010 s 4, 11 Sep 2010] Item
Prohibited drug
Amount (in
grams unless
otherwise
ACETYLDIHYDROCODEINE (except when included in Schedule 2or 4in Appendix A to the Poisons Act 1964)… CODEINE (except when included in Schedule 2, 3or 4in Appendix A to the Poisons Act 1964)… DIFENOXIN (excluding preparations containing, per dosage unit, not more than 0.5 mg of difenoxin and a quantity of atropine sulphate equivalent to at least 5% of the dose of difenoxin)… DIHYDROCODEINE (except when included in Schedule 2or 4in Appendix A to the Poisons Act 1964)… DIPHENOXYLATE (excluding preparations containing, per dosage unit, not more than 2.5 mg of diphenoxylate calculated as base, and a quantity of atropine sulphate equivalent to at least 1% of the dose of diphenoxylate)… ECGONINE, ITS ESTERS AND DERIVATIVES which are convertible to ECGONINE AND COCAINE… ETHYLMORPHINE (and substances containing more than 2.5% of ethylmorphine)… HALLUCINOGENIC SUBSTANCES (structurally derived from methoxyphenethylamine)… 3, 4-METHYLENEDIOXY-N, ALPHA-DIMETHYLPHENYLETHYLAMINE (MDMA)… 1-METHYL-4-PHENYLPIPERIDINE-4-CARBOXYLIC ACID ESTERS… MORPHINE DERIVATIVES (not specifically included elsewhere in this Schedule or in any Schedule in Appendix A to the Poisons Act 1964)… MORPHINE METHOBROMIDE AND OTHER PENTAVALENT NITROGEN MORPHINE DERIVATIVES… MORPHINE SUBSTITUTES (not specifically included elsewhere in this Schedule)… NICOCODINE (except when included in Schedule 2or 4in Appendix A to the Poisons Act 1964)… NICODICODINE (except when included in Schedule 2or 4in Appendix A to the Poisons Act 1964)… NORCODEINE (except when included in Schedule 2or 4in Appendix A to the Poisons Act 1964)… PHOLCODINE (except when included in Schedule 2or 4in Appendix A to the Poisons Act 1964)… PSYCHOTOMIMETIC SUBSTANCES (structurally derived from methoxyphenethylamine)… SCHEDULE IV NUMBERS OF PROHIBITED PLANTS DETERMINING
COURT OF TRIAL
[heading am Act 19 of 2010 s 4, effective 11 September 2010]
Item
Prohibited plant
Num ber
SCHEDULE V AMOUNTS OF PROHIBITED DRUGS GIVING RISE TO
PRESUMPTION OF INTENTION TO SELL OR SUPPLY SAME
[heading am Act 19 of 2010 s 4, effective 11 September 2010]
Item
Prohibited drug
Amount (in
grams unless
otherwise
2 ACETYLDIHYDROCODEINE (except when included in Schedule 2or 4in Appendix A to 30 CODEINE (except when included in Schedule 2, 3or 4in Appendix A to the Poisons Act 40 DIFENOXIN (excluding preparations containing, per dosage unit, not more than 0.5 mg of difenoxin and a quantity of atropine sulphate equivalent to at least 5% of the dose of difenoxin)… 41 DIHYDROCODEINE (except when included in Schedule 2or 4in Appendix A to the 50 DIPHENOXYLATE (excluding preparations containing per dosage unit, not more than 2.5 mg of diphenoxylate calculated as base, and a quantity of atropine sulphate equivalent to at least 1% of the dose of diphenoxylate)… 53 ECGONINE, ITS ESTERS AND DERIVATIVES which are convertible to ECGONINE AND 55 ETHYLMORPHINE (and substances containing more than 2.5% of ethylmorphine)… 61 HALLUCINOGENIC SUBSTANCES (structurally derived from methoxyphenethylamine)… 84A 3, 4-METHYLENEDIOXYAMPHETAMINE (MDA)… 84B 3, 4-METHYLENEDIOXY-N, ALPHA-DIMETHYLPHENYLETHYLAMINE (MDMA)… 87 1-METHYL-4-PHENYLPIPERIDINE-4-CARBOXYLIC ACID ESTERS… 92 MORPHINE DERIVATIVES (not specifically included elsewhere in this Schedule or in any Schedule in Appendix A to the Poisons Act 1964)… 93 MORPHINE METHOBROMIDE AND OTHER PENTAVALENT NITROGEN MORPHINE 95 MORPHINE SUBSTITUTES (not specifically included elsewhere in this Schedule)… 98 NICOCODINE (except when included in Schedule 2or 4in Appendix A to the Poisons Act 99 NICODICODINE (except when included in Schedule 2or 4in Appendix A to the Poisons 102 NORCODEINE (except when included in Schedule 2or 4in Appendix A to the Poisons Act 125 PHOLCODINE (except when included in Schedule 2or 4in Appendix A to the Poisons Act 133 PSYCHOTOMIMETIC SUBSTANCES (structurally derived from SCHEDULE VI NUMBERS OF PROHIBITED PLANTS GIVING RISE
TO PRESUMPTION OF INTENTION TO SELL OR SUPPLY SAME OR
PROHIBITED DRUGS OBTAINABLE FROM SAME
[Sch VI am Act 52 of 2003 s 32 , effective 22 March 2004 ]
[heading am Act 19 of 2010 s 4, 11 Sep 2010] Item
Prohibited plant
Num ber
MISUSE OF DRUGS ACT REGULATIONS
SCHEDULE 3 CATEGORY 1 ITEMS
[Sch 3 insrt Gaz of 10 December 2004, effective 1 January 2005 ; am Gaz 115 of 23 June 2009 p 2493, effective
24 June 2009]
DIVISION 1 SUBSTANCES
Bromo safroleBoron tribromide1, 4-Butanediol 1-Chlorophenyl-2-aminopropaneL-Ephedrine (including salts) Benzene acetic acid, ethyl ester, methylbenzyl acetate Gamma hydroxybutanoic acid (including salts) 3, 4-Methylenedioxyphenylpropan-2-oneN-Methyl ephedrineMethyl phenyl acetate Benzeneacetic acid, Methyl ester, Benzyl Acetate N-MethylpseudoephedrineNorpseudoephedrine2-Pyrrolidone Gamma-butyrolactamPhenylacetamide Phenylacetic acid (including salts and esters) Benzyl cyanide, Benzeneacetonitrile Benzyl nitrile Phenylacetyl chloride1-Phenyl-2-chloropropane1-Phenyl-2-nitropropenePhenylpropanolamine 1-Phenyl-2-propanone oxime1-Phenyl-2-propanolPhosphorus red/white DIVISION 2 THINGS
Any storage device containing ammonia gas where the mass of the storage device is less than one tonne.
MISUSE OF DRUGS ACT REGULATIONS
SCHEDULE 4 CATEGORY 2 ITEMS
[Sch 4 insrt Gaz of 10 December 2004, effective 1 January 2005]
DIVISION 1 SUBSTANCES
Alkali metal - CalciumChromic acid (including salts)Chromium trioxide N-EthylephedrineN-EthylpseudoephedrineFormamide Alkali metal - MagnesiumMethylamine (& gas) N-MethylformamidePalladium (including salts) 3, 4-Methylenedioxy-benzaldehyde, Heliotropine Alkali metal - PotassiumPropionic anhydride DIVISION 2 THINGS
Gas cylinder containing hydrogen sulphide gas Gas cylinder containing hydrogen gasGas cylinder containing methylamine gasDescription Capacity 500 ml or greater (including the repair or modification) Splash heads and distillation headsDescription Capacity 500 ml or greater (including the repair or supply of parts)

Source: http://rajwaswb.org.au/pdf%20Files/pdfs%20JP%20ACTs/MDA(JP).pdf