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MISUSE OF DRUGS ACT 1981 - SECT 8A

MISUSE OF DRUGS ACT 1981 - SECT 8A

8A .         Defences relating to industrial hemp or industrial hemp seed

        (1)         In proceedings against —

            (a)         a person who may process industrial hemp under a licence granted under the Industrial Hemp Act 2004 ; or

            (b)         an employee, agent or contractor of a person referred to in paragraph (a),

                for an offence against section 5(1)(a)(i) involving the manufacture or preparation of a prohibited drug or prohibited plant for use, it is a defence for the person to prove that the prohibited drug or prohibited plant is industrial hemp or industrial hemp seed.

        (2)         In proceedings against —

            (a)         a person who may cultivate, harvest or process industrial hemp under a licence granted under the Industrial Hemp Act 2004 ; or

            (b)         an employee, agent or contractor of a person referred to in paragraph (a),

                for an offence against section 5(1)(a)(ii) involving the manufacture, preparation, sale, supply or use of a prohibited drug or prohibited plant, it is a defence for the person to prove that the prohibited drug or prohibited plant is industrial hemp or industrial hemp seed.

        (3)         In proceedings against —

            (a)         a person who may cultivate, harvest or process industrial hemp under a licence granted under the Industrial Hemp Act 2004 ; or

            (b)         an employee, agent or contractor of a person referred to in paragraph (a),

                for an offence against section 5(1)(c) involving being knowingly concerned in the management of any premises used for a purpose referred to in section 5(1)(a), it is a defence for the person to prove that the prohibited drug or prohibited plant is industrial hemp or industrial hemp seed.

        (4)         In proceedings against —

            (a)         a person who may cultivate, harvest or process industrial hemp under a licence granted under the Industrial Hemp Act 2004 ; or

            (b)         an employee, agent or contractor of a person referred to in paragraph (a),

                for an offence against section 6(1)(a), it is a defence for the person to prove that the prohibited drug is industrial hemp or industrial hemp seed.

        (5)         In proceedings against —

            (a)         a person who may process industrial hemp under a licence granted under the Industrial Hemp Act 2004 ; or

            (b)         an employee, agent or contractor of a person referred to in paragraph (a),

                for an offence against section 6(1)(b) involving manufacturing or preparing a prohibited drug, it is a defence for the person to prove that the prohibited drug is industrial hemp or industrial hemp seed.

        (6)         In proceedings against —

            (a)         a person who may cultivate, harvest or process industrial hemp under a licence granted under the Industrial Hemp Act 2004 ; or

            (b)         an employee, agent or contractor of a person referred to in paragraph (a),

                for an offence against section 6(1)(c) involving selling or supplying, or offering to sell or supply a prohibited drug to another, it is a defence for the person to prove that the prohibited drug is industrial hemp or industrial hemp seed.

        (7)         In proceedings against —

            (a)         a person who may cultivate, harvest or process industrial hemp under a licence granted under the Industrial Hemp Act 2004 ; or

            (b)         an employee, agent or contractor of a person referred to in paragraph (a),

                for an offence against section 6(2) involving possession or use of a prohibited drug, it is a defence for the person to prove that the prohibited drug is industrial hemp or industrial hemp seed.

        (8)         In proceedings against —

            (a)         a person who may cultivate, harvest or process industrial hemp under a licence granted under the Industrial Hemp Act 2004 ; or

            (b)         an employee, agent or contractor of a person referred to in paragraph (a),

                for an offence against —

            (c)         section 7(1)(a) involving possessing or cultivating a prohibited plant with intent to sell or supply the prohibited plant or any prohibited drug obtainable therefrom to another; or

            (d)         section 7(1)(b) involving selling or supplying, or offering to sell or supply, a prohibited plant to another,

                it is a defence for the person to prove that the prohibited plant is industrial hemp or industrial hemp seed.

        (9)         In proceedings against —

            (a)         a person who may cultivate, harvest or process industrial hemp under a licence granted under the Industrial Hemp Act 2004 ; or

            (b)         an employee, agent or contractor of a person referred to in paragraph (a),

                for an offence against section 7(2) involving having in his or her possession or cultivating a prohibited plant, it is a defence for the person to prove that the prohibited plant is industrial hemp or industrial hemp seed.

        [Section 8A inserted: No. 1 of 2004 s. 54.]

        [Heading inserted: No. 45 of 2010 s. 6.]

        [Heading inserted: No. 45 of 2010 s. 6.]