New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 3

3 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires-

"analyst" means any of the following-

(a) a person employed by the Government of New South Wales as an analyst for the purposes of this Act (including a person employed as an analyst in the NSW Health Service),

(b) a person who is an analyst within the meaning of the Poisons and Therapeutic Goods Act 1966 ,

(c) a person who is, or belongs to a class, prescribed by the regulations for the purposes of this definition.

"cannabis leaf" means any plant or part of a plant of the genus Cannabis by whatever name that plant or part may be called, and includes the achene and seed of any such plant, but does not include-

(a) cannabis oil,

(b) any fibre of any such plant or part from which the resin has been extracted, or

(c) cannabis plant.

"cannabis oil" means any liquid containing tetrahydrocannabinol.

"cannabis plant" means any growing plant of the genus Cannabis.

"cannabis resin" means the separated resin (whether crude or purified) obtained from cannabis leaf, but does not include cannabis oil.

"commercial quantity" , in relation to a prohibited plant or a prohibited drug, means a number or amount, if any, specified opposite the prohibited plant or prohibited drug in Column 4 of Schedule 1.

"cultivate" , in relation to a prohibited plant, includes-

(a) sow or scatter the seed produced by the prohibited plant, and

(b) plant, grow, tend, nurture or harvest the prohibited plant.

"cultivation by enhanced indoor means" , in relation to a prohibited plant, means cultivation of the plant-

(a) that occurs inside a building or structure, and

(b) that involves any one or more of the following-

(i) the nurture of the plant in nutrient-enriched water (with or without mechanical support),

(ii) the application of an artificial source of light or heat,

(iii) suspending the plant’s roots and spraying them with nutrient solution.

"discrete dosage unit" , in relation to a prohibited drug, means an amount of the prohibited drug, not greater than the amount, if any, specified opposite the prohibited drug in Column 6 of Schedule 1, which is prepared or apparently prepared for the purpose of being administered as a single dose.

"drug encapsulator" means a device that is capable of being used to produce a prohibited drug in a capsule or similar form, and includes a unique part of any such device.

"heroin" means diamorphine and includes the salts of diamorphine.

"indictable quantity" , in relation to a prohibited plant or a prohibited drug, means the number or amount, if any, specified opposite the prohibited plant or prohibited drug in Column 3 of Schedule 1.

"low-THC hemp" has the same meaning as in the Hemp Industry Act 2008 .

"manufacture" , in relation to a prohibited drug, includes the process of extracting or refining the prohibited drug.

"owner" , in relation to any premises, includes the person entitled to receive the rent of the premises and the person to whom the rent of the premises is paid.

"Poisons List" means the list proclaimed under section 8 of the Poisons and Therapeutic Goods Act 1966 , being that list as in force for the time being.

"premises" includes any structure, building, aircraft, vehicle, vessel or place (whether built upon or not), and any part of any such structure, building, aircraft, vehicle, vessel or place.

"prepared opium" means any preparation of opium in a form capable of being used for the purpose of smoking, and includes dross and any other residues remaining after opium has been smoked.

"profession" includes business, trade and industry.

"prohibited drug" means any substance, other than a prohibited plant, specified in Schedule 1.

"prohibited plant" means-

(a) a cannabis plant cultivated by enhanced indoor means, or

(a1) a cannabis plant cultivated by any other means, or

(b) any growing plant of the genus Erythroxylon or of the species Papaver Somniferum, Papaver orientale or Papaver bracteatum, or

(c) any growing plant of a description specified in an order in force under subsection (2),

but does not include any growing plant, referred to in paragraph (a), (a1) or (b), of a description prescribed for the purposes of this definition.

"psychoactive substance" -see section 36ZD.

"regulations" means regulations made under this Act.

"Schedule 9 substance" means a Schedule 9 substance within the meaning of the Poisons and Therapeutic Goods Act 1966 .

"sell" includes sell whether by wholesale or retail and barter and exchange, and also includes dealing in, agreeing to sell, or offering or exposing for sale, or keeping or having in possession for sale, or sending, forwarding, delivering or receiving for sale or on sale, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.

"small quantity" , in relation to a prohibited plant or a prohibited drug, means the number or amount, if any, specified opposite the prohibited plant or prohibited drug in Column 2 of Schedule 1.

"substance" includes preparation and admixture and all salts, isomers, esters or ethers of any substance and all salts of those isomers, esters and ethers.

"supply" includes sell and distribute, and also includes agreeing to supply, or offering to supply, or keeping or having in possession for supply, or sending, forwarding, delivering or receiving for supply, or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.

"tablet press" means a device that is capable of being used to produce a prohibited drug in a pill, tablet or other similar form, and includes a unique part of such a device.

"traffickable quantity" , in relation to a prohibited plant or a prohibited drug, means the number or amount, if any, specified opposite the prohibited plant or prohibited drug in Column 1 of Schedule 1.

"veterinary practitioner" has the same meaning as in the Veterinary Practice Act 2003 .

"wholesale" means supply for the purposes of resale.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) For the purposes of paragraph (c) of the definition of
"prohibited plant" in subsection (1), the Minister may, by order published in the Gazette, declare any description of any plant that in the opinion of the Minister is capable of being used for the purpose of producing a prohibited drug to be a prohibited plant.

(3) Notes included in this Act do not form part of this Act.