Law and penalities

It is illegal to import, grow, sell, distribute, possess and use cannabis in New Zealand. People can be charged under the Misuse of Drugs Act 1975.

Marijuana is scheduled under Class C of the Act, and more potent forms, such as hashish and cannabis oil, are scheduled under Class B.

The maximum penalty for possession of marijuana (Class C) is three months jail and/or a $500 fine. The maximum penalty for importing, cultivating and/or supplying cannabis is eight years imprisonment.

The maximum penalty for dealing (importation, manufacture and supply) a Class B drug (hashish and oil), is 14 years imprisonment. Possession or use offences carry a maximum three month jail term and/or a $500 fine.

Having a conviction for drug offences can have a significant impact on a person’s ability to travel overseas and apply for certain jobs.

In some cases, first offenders or when offending is on a minor scale, a person may be offered police ‘diversion’. This means the accused can avoid the court process and the likelihood of a conviction, often in return for a period of community service, a donation and/or attending an approved counselling course.

Diversion is granted at the discretion of the police, and is not uniformly applied in all regions.