Western Australian Consolidated Acts

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  
   4.      Drugs and plants to which Act applies

   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  
   8.      Fraudulent behaviour in relation to prohibited drugs  
   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 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)  
   19A.    Selling cannabis smoking paraphernalia  
   19B.    Selling ice pipes  
   19.     Powers of police officers for purposes of this Part  
   20.     Regulations as to category 1 items and category 2 items

   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.     Criminal liability of company officers  
   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

   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 Poisons Act 1964
           SCHEDULE II -- Plants to which Act applies, notwithstanding anything in Poisons Act 1964
           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 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  
           Compilation table