Misuse of Drugs (Select Hallucinogenic Substances) Amendment Bill

1. Purpose

The purpose of this Act is to amend the Misuse of Drugs Act 1975 so that the consumption and possession of certain hallucinogenic substances is no longer prohibited by law. These substances include psilocybine or psilocine mushrooms, LSD, mescaline, and DMT, as well as any precursor substance. This Act will also allow the growth, manufacturing and commercial sale of those substances.

2. Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3. Principal Act

This Act amends the Misuse of Drugs Act 1975 (the principal Act).

Part 1 Drugs and stuff

4. Section 2 amended (Interpretation)

(1) In Section 2(1) insert in the appropriate alphabetical order:

legal hallucinogenic substance means any hallucinogenic substance that is made legal by the Misuse of Drugs (Select Hallucinogenic Substances) Amendment Act, meaning DMT, lysergic acid, lysergide, mescaline, psilocine, psilotsin or psilocybine.

hallucinogenic substance accessory means any equipment, products or materials which are used, or intended for use, in the cultivation, manufacturing, testing, analyzing or packaging of a legal hallucinogenic substance, or for ingesting, inhaling or otherwise introducing legal hallucinogenic substances into the human body.

hallucinogenic substance establishment means any business licensed to cultivate, test, manufacture, package or retail a legal hallucinogenic substance or substances, any legal hallucinogenic derivative, or hallucinogenic substance accessory.

legal consumer of hallucinogenic substances means any individual aged 18 years or older who has or intends to consume legally obtained hallucinogenic substances subject to the regulations detailed in Sections 7B, 9B and 14B.

Changes to Class A controlled drugs

5. Schedule 1 amended (Class A controlled drugs)

(1) In schedule 1(1), repeal:

DMT (N,N-dimethyltryptamine)

Lysergic acid (essential precursor for manufacture of LSD)

Lysergide (N,N-diethyllysergamide or lysergic acid diethylamide)

Mescaline (3,4,5-trimethoxyphenethylamine)

Psilocine (3-(2-dimethylaminoethyl)-4-hydroxyindole)

Psilotsin (3-(2-dimethylaminoethyl)-4-hydroxyindole)

Psilocybine (3-(2-dimethylaminoethyl) indol-4-yl dihydrogen phosphate)

6. Schedule 3 amended (Class C controlled drugs)

(1) In schedule 3 Part 7, repeal:

DMT (dimethyltryptamine) analogues, in which the 3-(2-aminoethyl)indole nucleus has additional radicals, either alone or in combination, attached as follows:
(a) 1 or 2 alkyl radicals, each with up to 6 carbon atoms, including cyclic radicals, attached to the amino nitrogen atom:
(b) 1 or 2 methyl groups, or an ethyl group, attached to the carbon atom adjacent to the amino nitrogen atom:
(c) any combination of up to 5 alkyl radicals and/or alkoxy radicals (each with up to 6 carbon atoms, including cyclic radicals) and/or halogen radicals, attached to the benzene ring.

7. Schedule 4 amended (Precursor substances)

(1) In schedule 4(1), repeal "Lysergic acid".

(a) This is a subclause:

(i) Oh no it gets worse.

8. Schedule 5 amended (Amount, level, or quantity at and over which controlled drugs are presumed to be for supply)

(1) In schedule 5, repeal "Lysergide: two and a half milligrams or 25 flakes, tablets, capsules, or other drug forms each containing some quantity of the drug"

9. New section 6B inserted (Sale of legal hallucinogenic substances)

(1) After section 6A, insert:

6B. Sale of legal hallucinogenic substances

(1) A legal consumer of hallucinogenic substances may not sell hallucinogenic substances or any precursor to a hallucinogenic substance to any individual or organisation.

(2) A hallucinogenic substance establishment may sell hallucinogenic substances or hallucinogenic substance accessories subject to the regulations of Section 14B.

(3) A hallucinogenic substance establishment involved solely in the cultivation, manufacturing or packaging of hallucinogenic substances - or any similar activity that does not involve retailing - may only sell to licensed hallucinogenic substance retailers.

(4) Any legal consumer of hallucinogenic substances found guilty of selling hallucinogenic substances may be subject to a fine of no more than $18,000, dependant on the scale or severity of the crime.

(5) Any hallucinogenic substance establishment involved solely in the cultivation, manufacturing or packaging of hallucinogenic substances who is found guilty of selling to individuals or organisations other than licensed hallucinogenic substance retailers may be subject to a fine of no more than $32,000, dependant on the scale or severity of the crime.

10. New section 7B inserted (Possession, transport and use of hallucinogenic substances and hallucinogenic substance accessories)

(1) After section 7A, insert:

7B. Possession, transport and use of hallucinogenic substances and hallucinogenic substance accessories

(1) A legal consumer of hallucinogenic substances may possess no more than 29g of dried psilocybine, psilotsin or psilocine mushroom at any one point in time, unless it is harvested from privately cultivated fungi at which point there is no limit provided it remains where it was grown.

(2) A legal consumer of hallucinogenic substances may possess no more than 3400mcg of lysergic acid diethylamide or lysergic acid.

(3) A legal consumer of hallucinogenic substances may possess no more than 10g of mescaline sulfate or mescaline hydrochloride unless it was harvested from privately cultivated cacti at which point there is no limit provided it remains where it was grown.

(4) A legal consumer of hallucinogenic substances may possess no more than 1g of DMT, unless it was privately synthesised or extracted from plant sources at which point there is no limit provided it remains where it was synthesised or extracted.

(5) A legal consumer of hallucinogenic substances may possess any number of hallucinogenic substance accessories provided they are for personal consumption or legal cultivation.

11. New section 9B inserted (Cultivation, extraction or synthesis of hallucinogenic substances and testing, manufacturing or packaging of hallucinogenic substance products)

(1) After section 9A, insert:

9B. Cultivation, extraction or synthesis of hallucinogenic substances and testing, manufacturing or packaging of hallucinogenic substance products

Subprev crosshead

(1) Psilocybine, psilotsin or psilocine mushrooms may only be cultivated in a locked space.

(2) A legal consumer of hallucinogenic substances or a hallucinogenic substance establishment may possess and cultivate an unlimited number of psilocybine, psilotsin or psilocine mushrooms.

12. New section 14B inserted (Licensing for and regulations governing hallucinogenic substance establishments)

(1) After section 14A, insert:

14B. Licensing for and regulations governing hallucinogenic substance establishments

(1) Licenses to commercially cultivate, or to test, manufacture, package or sell hallucinogenic substances may be issued by the Ministry of Health. Application fees may not exceed more than $2000.

(2) Hallucinogenic substance establishments may only sell to legal consumers of hallucinogenic substances, meaning individuals over the age of 18 years. Hallucinogenic substance establishments are therefore required to ask for identification from customers before sale, subject to the same regulations and penalties detailed in the Smoke-free Environments Amendment Act 1997.

Explanatory note heading

The New Zealand Defence Force produced a regulatory impact statement on 22 August 2016 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

Submitted by /u/Fresh3001 (ACT) as a Member's Bill.

First reading debate will conclude at 8am, 18 March 2018.