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Supplying Schedule 9 Substances

Supplying Schedule 9 substances is an offence under section 18B(2) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of 2 years in prison.

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

  1. You supplied or knowingly took part in the supply of 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.

Knowingly taking part in supply includes:

  1. Taking or participating in any step, or causing any step to be taken, in the process of supply
  2. Providing or arranging finance for any such step, or
  3. Providing the premises in which any such step is taken, or suffering or permitting any such step to be taken in premises of which you are the owner, lessee, occupier or manager.

You are not guilty of the offence if:

  1. You were licensed or authorised under the Poisons and Therapeutic Goods Act 1966 to supply the substance, or
  2. You acted in accordance with an authorisation by the Secretary of the Ministry of Health.

Duress is a defence to the charge.

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