MISUSE OF DRUGS ACT 1981

Western Australian Current Acts

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MISUSE OF DRUGS ACT 1981

TABLE OF PROVISIONS

Long Title

PART I -- Preliminary

1. Short title
2. Commencement
3. Terms used
3A. Approved analysts and botanists
3B. Specified drugs
4. Drugs and plants to which Act applies
5A. Authority required for some investigations
5B. Authorisation under Medicines and Poisons Act 2014
5C. Authorisation under Voluntary Assisted Dying Act 2019

PART II -- Offences relating to prohibited drugs and prohibited plants

5. Offences concerned with prohibited drugs and prohibited plants in relation to premises and utensils
6. Offences concerned with prohibited drugs generally
7. Offences concerned with prohibited plants generally
7A. Selling or supplying a thing knowing it will be used in hydroponic cultivation of prohibited plants
7B. Drug paraphernalia, offences as to
8A. Defences relating to industrial hemp or industrial hemp seed

PART IIIA -- Cannabis intervention

Division 1 -- Preliminary

8B. Terms used
8C. Operation of Young Offenders Act 1994 unaffected
8D. Appointment of authorised persons

Division 2 -- Cannabis intervention requirements

8E. CIR may be given for minor cannabis related offence
8F. Cannabis intervention requirement
8G. Young persons -- special requirements about CIRs
8H. Referral of young persons at risk to juvenile justice teams
8I. Withdrawal of CIR

Division 3 -- Cannabis intervention sessions

8J. Cannabis intervention session
8K. Benefit of completing CIS
8L. Extension of time to complete CIS
8M. Certificate of completion of CIS

PART IIIB -- Psychoactive substances

8N. Terms used
8O. Application of this Part to particular substances
8P. Effect of representing substance as psychoactive substance
8Q. Manufacture, sale or supply of psychoactive substances
8R. Promoting psychoactive substances
8S. Powers of police officers for purposes of this Part
8T. Powers to seize and dispose of thing suspected of being psychoactive substance
8U. Analysis of seized thing may be requested

PART III -- Procedure

9. Summary trial of some indictable offences
10. Alternative verdicts
11. Presumption of intent to sell or supply

PART IV -- Controls relating to possession, sale, supply and storage of certain substances and things

12. Terms used
13. Part not applicable to possession, sale or supply of certain substances or things
14. Possession of certain substances or things
15. Sale or supply of category 1 items
16. Storage of category 1 items
17. Sale or supply of category 2 items
18. Offences relating to declarations under s. 15(1)(c) or 17(1)(b)
19. Powers of police officers for purposes of this Part
20. Regulations as to category 1 items and category 2 items

PART 4A -- Targeted searches

Division 1 -- Preliminary

20A. Terms used

Division 2 -- Authorisations

20B. Authorisation to exercise powers to search a vehicle or a person
20C. Authorisation to exercise powers to search premises

Division 3 -- Ancillary provisions in relation to exercising powers

20D. Other written laws
20E. Assistance when exercising powers under this Part
20F. Use of force

Division 4 -- Vehicle searches

20G. Powers of police officers in relation to searching vehicle in drug detection area
20H. Powers of police officers in relation to searching persons in a drug detection area

Division 5 -- Searches of delivery business premises

20I. Powers of police officers in relation to premises

Division 6 -- Offences

20J. Failure to comply with requirement of police officer
20K. Application of section 29 to exercise of powers conferred by or under this Part

Division 7 -- Prescribed procedures

20L. Regulations as to the exercise of powers under this PART

PART 4B -- Border Search Areas

Division 1 -- Preliminary

20M. Terms used
20N. Border Search Area (BSA)

Division 2 -- Ancillary provisions in relation to exercising powers in Division

20O. Other written laws
20P. Assistance when exercising powers under Division
20Q. Use of force

Division 3 -- Powers of authorised officers in public place in BSA

20R. Authorised officers and BSA authorisations
20S. Exercise of powers under Division
20T. Powers of authorised officers in relation to persons
20U. Powers of authorised officers in relation to vehicles

Division 4 -- Offences

20V. Application of section 29 to exercise of powers conferred by or under this PART
20W. Failure to comply with requirement of authorised officer

Division 5 -- Reporting, oversight and review

20X. Commissioner’s reports
20Y. Annual report by Corruption and Crime Commission
20Z. Inspection of records by Corruption and Crime Commission
20ZA. Review of Part

PART V -- Location, seizure, detention and disposal of things used in commission of offences

21. Terms used
22. Powers of police officers and approved persons in relation to manufacturers, sellers and suppliers of prohibited drugs and cultivators, sellers and suppliers of prohibited plants
23. Powers of police officers when things suspected of being used in commission of offences
24. Granting of search warrants in connection with prevention or detection of offences
25. Powers ancillary to power of search
26. Powers of police officers and others when things suspected of being used in commission of offences found, received or acquired
26A. Powers of approved analyst or approved botanist
27. Disposal of prohibited drugs and prohibited plants
27A. Analysis at request of accused
27B. Confidentiality
28. Compensation for destroyed seized property
29. Hindering police officers and approved persons in exercise of powers conferred by or under this Part
30. Approved persons

PART VI -- General

31. Undercover officers
32. No limitation
32A. Drug trafficking
33. Attempts, conspiracies, incitements and accessories after the fact
34. Penalties
35. Liability of officers for offence by body corporate
37. Proof of exceptions
38. Certificate of approved analyst or approved botanist
38A. Accused may obtain copy of certificate
38B. Accused may object to use of certificate
38C. Order for costs of approved analyst or approved botanist
38D. Evidence of contents of standard
39. Delegation by Commissioner
40. Civil liability of persons acting under this Act
41. Regulations
42. Amendment of certain schedules
42A. Annual report to Minister on Part 4A
42B. Review of Part 4A

PART VII -- Transitional provisions

Division 1 -- Preliminary

43. Interpretation Act 1984 not limited
44. Transitional regulations

Division 2 -- Provisions for Cannabis Law Reform Act 2010

45. Terms used
46. CINs continue in force
47. Amounts outstanding in 12 months time under a CIN are to be taken to be paid
48. Transitional provisions (Sch. IX)
SCHEDULE I -- Drugs to which Act applies, notwithstanding anything in Medicines and Poisons Act 2014
SCHEDULE II -- Plants to which this Act applies
SCHEDULE III -- Amounts of prohibited drugs determining court of trial
SCHEDULE IV -- Numbers of prohibited plants determining court of trial
SCHEDULE V -- Amounts of prohibited drugs giving rise to presumption of intention to sell or supply same
SCHEDULE VI -- Numbers of prohibited plants giving rise to presumption of intention to sell or supply same or prohibited drugs obtainable from same
SCHEDULE 6A -- Border Search Areas
SCHEDULE VII -- Amounts of prohibited drugs for purposes of drug trafficking
SCHEDULE VIII -- Numbers of prohibited plants for purposes of drug trafficking
SCHEDULE IX -- Transitional provisions 1. Property subject to holding orders under repealed s.

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