The New Zealand has a long tradition of cannabis consumption. The specific climate and remote locations encourage self-cultivation for personal use, even if cannabis is still illegal. Cannabis in New Zealand is easy to find, but can be expensive. The New Zealand government is increasingly leaning towards legalizing the medical use of cannabis.
Medical
Medical cannabis is legal in New Zealand.
Where in the world is cannabis legal?In 2018, the New Zealand government legalized medical cannabis, with the bill coming into force in December 2019.
The New Zealand Medical Cannabis Agency manages the medical cannabis program and, since April 2020, doctors have been able to prescribe cannabis-based medicines to patients. The program has been widely criticized by patients and would-be patients, who argue that it is far too restrictive.
Recreational cannabis remains illegal in the country, and voters narrowly rejected a referendum that would have legalized cannabis for adult use in November 2020.
New Zealand's cannabis policy is codified in the Misuse of Drugs Act 1975 (Misuse of Drugs Act 1975), which classifies cannabis as a Schedule 2 Class B controlled drug. This category includes «cannabis preparations, i.e. any preparation containing tetrahydrocannabinols, including cannabis resin (commonly known as hashish) and cannabis oil (commonly known as hashish oil), produced by subjecting cannabis plant material to any type of processing (excluding CBD products)».
The law states that possession of any controlled drug may be punishable by up to 6 months' imprisonment or a fine of up to $1,000, or both, if it is a Class A drug, and up to 3 months' imprisonment and a fine of $500 if it is a Class B drug.
Cultivation of «any prohibited plant» is punishable by up to 7 years« imprisonment under the law. Simple possession of »seeds or fruits of a prohibited plant" can be punished by up to a year's imprisonment and/or a $500 fine.
Under the Misuse of Drugs Act, the quantity of cannabis considered to be «for supply» (and not simply for personal use) is quantified as follows:
The law stipulates that a person who sells, produces or supplies Class B drugs is liable to a prison sentence of up to 14 years, or up to 10 years if he or she conspires to help someone else commit the offence. Allowing one's home or motor vehicle to be used to manufacture, use or transport Class B drugs is punishable by up to 7 years' imprisonment. Possession of paraphernalia (including bongs and pipes) is punishable by a one-year sentence and/or a $500 fine.
The supply or manufacture of a Class A drug may be punishable by life imprisonment. The law also stipulates that if a person commits an offence for which there is no specified penalty, he or she may be liable to a sentence of up to 3 months' imprisonment and/or a fine of up to $500.
Approved patients can be prescribed any product that has been verified to meet the Medical Cannabis Agency's quality standards, but so far only the following products have been approved:
The cannabis-based drug Sativex, frequently prescribed to multiple sclerosis patients, has also been approved for prescription.
The Ministry of Health clarifies that just because a product is approved does not mean it is currently available in New Zealand. In addition, from October 1, 2021, the law no longer allows suppliers to import or supply products that are not verified against the minimum quality standards for medicinal cannabis, but doctors can prescribe and import CBD products directly for their patients.
Medical cannabis patients are not allowed to import or sell vaporizers, unless they are approved as medical devices by a foreign regulatory body.
The law does not authorize any form of medical cannabis to be smoked or cultivated for patients' personal use.
CBD products are legal and available in New Zealand if prescribed by a doctor, provided they contain no more than 2% of THC.
Under the Misuse of Drugs Act, cannabis products are legal if «the esters and ethers are naturally present in cannabis and are not capable of inducing more than a minor psychoactive effect, by any means, in a person».
In October 2021, the first locally manufactured CBD products in New Zealand became available by prescription. The news came just days after the end of a grace period that had allowed medical cannabis patients legal access to 13 CBD products that became illegal at the end of the grace period.
To access medical cannabis in New Zealand, a patient must receive a prescription from a doctor licensed to practice medicine in the country.
There is no list of health requirements.
A New Zealand media outlet reported in 2020 that most medical cannabis products in the country cost between $200 and $300 for one or two months' supply.
In 2019, the Drug Foundation of New Zealand quoted a GP as saying that most cannabis patients pay around $15 a day for CBD. According to a 2020 estimate, the cost of Sativex is around $800 to $1200 per month, and that of a 30 ml solution of 100 mg/100 ml CBD $200 to $300 per month.
New Zealand does not allow the cultivation of cannabis for personal use, even for holders of a medical cannabis prescription.
As mentioned above, the cultivation of cannabis is punishable by up to 7 years' imprisonment, and possession of a prohibited plant seed is punishable by up to one year's imprisonment and/or a $500 fine.
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