New South Wales Consolidated Acts

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 18B

18B Manufacture, production, possession and supply of certain Schedule 9 substances

(1) A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, a Schedule 9 substance (not being a prohibited drug within the meaning of this Act) is guilty of an offence.

(2) A person who supplies, or who knowingly takes part in the supply of, a Schedule 9 substance (not being a prohibited drug within the meaning of this Act) is guilty of an offence.

(3) A person who has in his or her possession a Schedule 9 substance (not being a prohibited drug within the meaning of this Act) is guilty of an offence.

Maximum penalty (subsection (3)): 20 penalty units or imprisonment for 12 months, or both.

(4) Nothing in this section renders unlawful the manufacture, production, possession or supply of a Schedule 9 substance (not being a prohibited drug) by--

(a) a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966 , or

(b) a person in accordance with an authorisation given by the Secretary of the Ministry of Health under section 17D of that Act,

or renders unlawful the taking part by any other person in the manufacture, production or supply of such a substance by a person to whom paragraph (a) or (b) applies or the possession of the substance by the other person for those purposes.