Young People & DrugsThis is a featured page

(Last updated Jan 07)

Can my teacher search me or my property for drugs?
What are my rights if the police want to question me and I am under 17?
What are my rights if the police want to question me and I am 17 or older?
Can the police search me if they don’t have a warrant?
Legally, are some drugs considered more serious than others?
Can I be arrested for letting someone else take drugs in my car or in my house?
What happens if I am caught dealing?
What if I am not dealing, but have a lot of drugs?
What can happen if I am caught taking drugs?
What if I don't sell drugs, but help someone else sell them?
What other drug related offences are there?
Further Information



The topic of drugs and young people is a very controversial one and very strong opinions are held about it. This information sheet has been designed to inform young people of their legal rights and obligations and the legal implications of possessing or dealing in illegal drugs. Therefore in the paragraphs following we set out the law relating to illegal drugs in New Zealand. Youthlaw produces free flick-cards, which set out the law on drugs and alcohol. Contact us to get one.

Can my teacher search me or my property for drugs?

(This is answered in more detail in the “Search me? Searches and Confiscations at school” information sheet.)

The issue of school searches has never been decided by a judge in the New Zealand courts so we can’t be sure of the answer to this question. But from looking at other areas of law, and at overseas cases, we think there are two situations where it may be lawful for teachers to search you:

  1. If you consent (agree). If you say nothing that usually means you agree to it, so if a teacher asks to search you or your possessions and you don’t consent, then you must clearly say so. Sometimes even if you do agree to be searched, it could be an unfair search if you are not mature enough to understand the consequences of agreeing (what may happen).

  2. If the school has a good reason for searching you. Usually for a search to be considered reasonable, the school would need to have good reason to believe that you have in your possession an item which it would be important enough to find to justify the intrusion into your privacy. The more intrusive a search is the more likely that a court would strongly demand that there be reasonable grounds for suspicion. Strip searches would probably be regarded as too intrusive unless there was concealment of a dangerous weapon or an imminent risk to life.


Searches of whole classes would not normally be considered reasonable, as the school could not have a good reason to suspect every student of possessing the item searched for.

For example a reasonable search for drugs would be one where they had a good reason to think that you had drugs on you, not one where they knew drugs were being taken to the school but had no real reason to suspect you in particular.

What are my rights if the police want to question me and I am under 17?


The police can ask you your name, date of birth and address. If you are under 17 it will usually be in your best interests to tell the police your age so that they deal with you as a young person and not as an adult. If you do not tell them your true details this may provide the police with an excuse for arresting you. They should explain this to you when they ask for this information.

If the police want to ask you any other questions in connection with an offence like:
‘Have you got any drugs on you?’ they must inform you of your rights before asking the questions.

They should tell you:
  1. You don't have to go with the police unless you have been arrested;
  2. You don't have to answer questions or make a statement;
  3. If you agree to answer questions or make a statement you can change your mind and stop at any time;
  4. If you make a statement of answer questions this may be used in evidence in court;
  5. You have the right to consult with a lawyer and have another adult there to support you (the police should explain precisely who you can consult).

Even if the police do not tell you these things they are still your rights and are contained in section
215 Children Young Persons and their Families Act (CYPF) 1989. It is important to try and remember these rights so that you know what they are if the police ever want to question you. The police must also tell you these rights if you ask.

YouthLaw produces free flick-cards, which set out your rights when being questioned by the police - contact the office to get one. It is helpful to keep one in your wallet.

If the police do not inform you of your rights and later charge you with a criminal offence make sure you tell your lawyer about that.

The police may ask you to accompany them to the station to help them with their enquiries or step outside to answer some questions. Remember you do not have to go with them unless you have been arrested. If you agree to go whilst not under arrest you can change your mind and leave at any time. If the police tell you are "under arrest" you must go with them.

If arrested the police must tell you what you are being charged with. You still have the same rights as listed 1-5 above.

If you are found drunk in public or 'really out of it' as a result of drugs the police can take you home if they think you are at risk. This could be if they think you are likely to be abused, or hurt, or harm yourself or others. If you don't want them to take you home say so. They will then take you to a Social Welfare home. If you can't or won't tell them where you live they can take you to a detoxification centre. If there aren't any that can take you, the police can hold you for up to 12 hours until they think you are capable of looking after yourself.


What are my rights if the police want to question me and I am 17 or older?

The police do not have to inform you about any legal rights you may have if they attempt to question you. You do not have to answer any questions other than give your name, date of birth and address. By lying or refusing to provide this information you risk being arrested. You are also not legally required to go anywhere with the police unless arrested, for example, to be separated from your friends or to go to the station for questioning. If arrested you must be informed of your right not to make a statement and your right to consult a lawyer. [1]


[1]
s23 NZ Bill of Rights Act


Can the police search me if they don’t have a warrant?

When the police ask to search young people it is sometimes put in such a way that you may feel you have no real choice; consequently not many young people refuse. Remember you have the right not to agree to a search. Make this clear to the police, (‘I do not agree to being searched, what is your lawful authority?’).

This is important as they can only search without your agreement if;
a) you are under arrest;
b) the police have a search warrant; or
c) the police have reasonable grounds to think you have a knife, an offensive weapon, explosives, a disabling substance or a firearm (or stolen goods in certain circumstances such as if you are on a wharf of railway station); or
d) the police have reasonable grounds to think you have drugs and are using the Misuse of Drugs Act 1975, (MDA).

Remember if the officer is in “plain-clothes” or “undercover” ask to see their warrant card or police identification first.
Without a warrant the police can only search, using their powers under the MDA, if they have reasonable grounds to suspect you have drugs on you, your property, or within your vehicle or premises. The police must state that they are searching under the MDA section 18 subsection (2) or (3) and identify themselves to you [2]. It is a good idea to take a note of the police officers' names and badge numbers. Their numbers are displayed on black discs, usually located on their shoulders. Also ask what reason they have for their suspicion. They are not legally required to tell you. It is also advisable to stay with your friends if possible, as having witnesses can be useful.

If you are a female you can ask to be searched by a female police officer.

If the police make a search under MDA 18 (2) or (3) then they are obliged to file a report to the police commissioner within three days outlining their reasons for making the search and if anything was found; [3].

Although asserting your legal rights is important, being cheeky or smart in the process of doing so will not be in your best interests. If you do feel harassed or improperly searched and wish to make a complaint then you can speak to a lawyer or to the senior officer at the station. If you are hurt or ill you should ask to see a doctor straight away. If you have any marks or bruises you should see a doctor and ask them to make a note of them. Get a friend to take a colour photograph of any injuries.

It is important not to obstruct/hinder or resist an officer who is searching you if they have the authority to search you (as above). Even if you have no drugs on you and feel you are being hassled, you can get arrested for obstruction if you try to prevent the search. It is best to take it easy and note exactly what they say and do.

If you want to make a formal complaint you should see YouthLaw Tino Rangatiratanga Taitamariki, a Community Law Centre, a lawyer, Citizens Advice Bureau or other advice agency.

They can help you make a complaint to the Police Complaints Authority. The address is:

Police Complaints Authority,
PO Box 5025,
Wellington,
Ph (04)499-2050 or (04)499-2053.

You can also contact them yourself. For more information on your rights with the police see our "Young People and the Police" information sheet.


[2]
s18(4) Misuse of Drugs Act 1975
[3] s18(6) Misuse of Drugs Act 1975


Legally, are some drugs considered more serious than others?

The law and the courts view the consumption, possession or supply of some drugs as more serious than others, and there are varying penalties depending on the drugs legal classification. Controlled drugs are classified Class A, Class B and Class C. Class A drugs are considered the most serious and Class C the least serious. If you have controlled drugs on prescription from a recognised authority such as a doctor, then you are not breaking the law. However giving or selling these to anyone else is illegal.

Many young people are unaware of how serious some drugs, such as Magic Mushrooms are considered legally. The drug Ecstasy can be class A, class B or class C, depending on what it has in it. In New Zealand most ecstasy seized by the police has been classified as a Class A drug. Here are classifications for some of the drugs used in Aotearoa New Zealand (the Schedules of the MDA contain the full list):
  • Class A: Heroin (this is found in some homebake), Cocaine, Methamphetamine ('P') LSD/Trips, Mescaline/Peote Cactus, Psilocybine / MagicMushrooms.
  • Class B: Opium, Morphine (MST, Bake), Amphetamine (Speed), Hash Oil, most Ecstasy seized by police in New Zealand, GHB (Fantasy).
  • Class C: Cannabis (Dak, Marijuana, Dope -both seeds and leaf), Barbiturates.

Can I be arrested for letting someone else take drugs in my car or in my house?


Yes. Allowing your vehicle or premises to be used for the purpose of manufacturing, selling or consuming drugs is illegal, and you could face charges [4].


[4]
s12 Misuse of Drugs Act 1975


What happens if I am caught dealing?

Drug dealing is a serious crime which can carry severe penalties:

  • The maximum sentence for dealing, giving, offering to supply, importing, exporting or manufacturing a Class A drug is life imprisonment; [5]
  • The maximum sentence for the same charges involving a Class B drug is 14 years; [6]
  • The maximum sentence for the same charges involving a Class C drug, like Cannabis, is 8 years imprisonment, [7]

These are maximum sentences and it is rare for the maximum to be imposed unless it is a very serious case.Factors like the amount oftype of drugs being dealt and the circumstances of the offender are relevent.However these penaltiesshow how seriously thelaw responds todrug dealing. There is high probability of imprisonment for anyone aged 17 or over who is convicted of drug dealing. There is also a risk of imprisonment for under 17 year olds and other serious consequences such as being sentenced to a youth justice residential facility.

The Misuse of Drugs Act makes a small distinction regarding Class C drugs. Supply of Class C drugs to anyone aged under 18 willbe considered dealing, regardless of whether or not the drugs were sold or offered to be sold. Supply of Class C drugs to anyone aged 18 years or older will also be considered dealing unless the accused can prove that they did not sell or offer sell the illegal drugs; s6(5). Possession of the drugs is still an offence, however.

What if I am not dealing, but have a lot of drugs? In addition, if you are in possession of a certain quantity or more of a controlled drug then you may be charged with possession for the purpose of supply or sale (dealing). It will be presumed that those drugs are not in your possession for personal use only; (see the MDA 1975 for the specific quantities). The penalties for "possession for supply" are the same as for dealing drugs, as outlined above.

With respect to Cannabis (Dak, Marijuana, Dope) the most commonly used controlled drug, possession of an ounce (28 gm's), or more can be considered enough to be charged with possession for the purpose of supply.


[5]
ss 6(1) and 6(2)[a] Misuse of Drugs Act 1975
[6] s 6(2)[b] Misuse of Drugs Act 1975
[7] s 6(2)[c] Misuse of Drugs Act 1975


What can happen if I am caught taking drugs?

You could be found guilty of "possession". The maximum penalty for a Class A drug is six months imprisonment or a $1000 fine or both; MDA, s7(2)[a]. The maximum penalty if Class B or C drugs were involved is three months imprisonment or a $500 fine or both. If you are under 17 the matter will most likely be dealt with by a family group conference. If you are over 17 and it is your first offence then it is worth asking the arresting officers about the possibility of diversion so you don't get a criminal record.

For more information about diversion see our "Diversion - an alternative to conviction" information sheet.

What if I don't sell drugs, but help someone else sell them?

Helping someone else sell drugs is considered almost as bad as dealing itself. This is called 'conspiring to supply', and the legal penalties can be almost as severe as being caught dealing yourself.

What other drug related offences are there?

Some other offencesinclude being caught with instruments for the purpose of taking drugs, eg bongs, pipes, spotting equipment or syringes. Having seeds of prohibited plants like cannabis is also an offence. Penalties for possession of seeds or instruments can be high, the maximum (if 17 years old or over) being one year imprisonment or a $500 fine or both; [8]

Cultivation of prohibited plants can also be a serious offence (maximum penalties of 7 years imprisonment or 2 years/$2000 fine on summary conviction), although the number of plants and your age affect the consequences. Poppies are not illegal, but procuring opium from them is. However if you have a lot of poppies you may be charged with cultivation of prohibited plants. You will then have to prove the poppies were not being cultivated for opiates.

Manufacturing controlled drugs, such as Methamphetamine (P),Homebake or Hash Oil,is also a very serious offence. Manufacturing drugs carries the same penalties as dealing and, as a result, carry a high probability of being imprisonment, (see the delaing offencesabove for maximum penalties). Finally, being caught with stolen drugs, especially those from chemist or pharmaceutical burglaries can result in heavy penalties, the maximum sentence being seven years imprisonment; [9]


[8]
s13(3) Misuse of Drugs Act 1975.
[9] s11 Misuse of Drugs Act 1975.

Further Information

Legal Advice or Information: · YouthLaw Tino Rangatiratanga Taitamariki: Offers free legal advice for young people.

  • NORML: A group lobbying for reform ofmarijuana laws. They have information on legal rights, and operate a legal enquiries 'Bustline' Ph: (09)302-5255 or their website for enquiries regarding cannabis arrests, improper searches/harassment etc.
  • ADIO:Primarily funded for needle exchange & information on blood-borne viruses [HIV/AIDS, Hep C, Hep B], they also offer drug related advice & advocacy in an effort to reduce the harms associated with [injecting] drug use [steroid use,tattooing/piercing]Email adio@ihug.co.nz

  • The Alcohol Helpline: A confidential information service for people with questions about their own or someone else's drinking. Call free on Ph 0800-787-797, 7pm -11pm, everyday or visit the website at www.adanz.org.nz


  • AA (Alcoholics Anonymous): Self help support groups using 12 step programme. 2 Mayoral Dr, City, P0 Box 5373 Wellesley St, Ph: (09)366-6688.
  • Auckland Detox, (Akl Hosp): Detoxification unit for drug dependent people. 88 Grafton Rd, Ph: (09)815-5830.

  • CADS: Offers free individual counselling and groups for young people (aged 13 to 20) with concerns about their own or others alcohol or other drug use, and their families. Ph Auckland (09) 845-1818


  • The Alcohol Helpline: Risk factors and problem early warning indicators, strategies for cutting down or stopping, coping with someone else's drinking. Information on services available for alcohol and drug assessment, treatment and support, services and support available for associated problems eg violence, psychiatric emergency etc. Call free on Ph: 0800-787-797, 7pm -11pm everyday or visit their website

  • Odyssey House Youth Services: Provides three adolescent programmes for young people aged between 12-17 years who have serious difficulty with drugs and/or alcohol. The components of the programmes include individual, group and family therapy. All Odyssey House programmes are free of charge. Referrals can be made by anyone to: Odyssey House, 390 Mt Eden Rd, Mt Eden, Auckland, Ph: (09)623-1205.
  • Education/Information Concerning the Effects of Drugs: ·Alcoholic Liquor Advisory Council (ALAC): Provides a Consultancy service as well as a resource library that includes videos, pamphlets etc. Level 1, South Mark Building, 445 K' Rd, City, PO Box 8391, Symonds St, Ph: (09)309-1720

  • CareNZ: They provideinformation pamphlets to individuals or groups on different drugs. 3 Station Rd Otahuhu, PO Box 22 489, Otahuhu, Ph: (09)276-7192.

  • NORML News: Publication regarding cannabis use, effects, legal issues etc. PO Box 3307, Shortland St, Auckland, Ph: (09)302-5255.
  • The Alcohol Helpline: The effects of alcohol on health and behaviour, education and health promotion resources and organisations, avoiding drink driving, responsible drinking guidelines. Call free on Ph: 0800-787-797, 7pm -11pm everyday or visit their website at www.adanz.org.nz

(Most of these services are for the Auckland area. For other areas try your local Citizens Advice Bureau, or a similar organisation.)











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