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Possessing a Schedule 9 Substance

Possessing a Schedule 9 substance is an offence under section 18B(3) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 12 months in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You possessed a substance, and
  2. The substance was a Schedule 9 substance under the Poisons and Therapeutic Goods Act 1966.

‘Schedule 9’ covers a wide range of substances, not being prohibited drugs, including those which:

  1. Are addiction producing or potentially addiction producing
  2. Are of such danger they can only be prescribed by medical practitioners, authorised nurses, midwives, authorised pharmacists, dentists or vets
  3. Therapeutic substances that require advice about dosage, frequency of administration or toxicity
  4. Poisonous substances commonly used for domestic purposes, and
  5. Substances readily available to the public for the destruction of pests.

You are not guilty of the offence if you possessed the item after it was manufactured, produced or supplied by a person or business:

  1. Who was licensed or authorised to do so by the Poisons and Therapeutic Goods Act 1966, or
  2. Who was authorised to do so by the Secretary of the Ministry of Health

Duress is a defence to the charge.

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