Criminal Code Regulation 2005 (ACT)

The Criminal Code Regulation 2005 (ACT) prescribes the lists and quantity thresholds that the Criminal Code 2002 uses to define and grade serious drugs offences. Mechanically the regulation does three things.

First, it prescribes which substances, plants and precursors are "controlled" for the purposes of the Criminal Code. Schedule 1 lists controlled drugs (divided into pt 1.1 Controlled medicines and pt 1.2 Prohibited substances) and is prescribed by section 5 (s 5 (1)). Schedule 2 lists controlled plants and is given effect by section 6. Schedule 3 lists controlled precursors and is prescribed by section 7 (s 7 (1)).

Second, the regulation extends those primary lists to include a broad class of related substances. Section 5(2) makes a "related drug" part of the prescription, including salts, derivatives, isomers, forms (natural or synthetic), analogues and homologues, and mixtures containing a scheduled drug (s 5 (2)(a)-(e)). Section 7(2) does the same for precursors, expressly including preparations, admixtures or extracts containing a scheduled precursor, named chemical functional group relationships (for example, "acetate", "anhydride", "ester", "ketal", "salt", "isomer") and other analogues or derivatives (s 7 (2)(a)-(c)).

Third, it fixes the quantitative thresholds that the Criminal Code uses to determine offence grading for possession, trafficking and manufacture. Section 8 maps the schedule columns to the Code's definitions of trafficable, commercial and large commercial quantities for controlled drugs (s 8 (1)-(2)), controlled plants (s 8 (3)), and controlled precursors (s 8 (4)-(5)). Section 9 specifies how to apply those quantities where drugs appear in mixtures, and clarifies whether the schedule quantities refer to the pure form or to the mixture (s 9 (1)-(2)). The regulation thus does not itself create the criminal offences or set penalties; rather it supplies the technical lists and numeric thresholds that the Criminal Code (see Code, s 600 and s 601) references to determine the conduct captured and the level of the offence.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Criminal Code Regulation 2005 SL2005-2 made under the Criminal Code 2002 Republication No 14 Effective: 15 August 2019 Republication date: 15 August 2019 Last amendment made by A2019-23

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Criminal Code Regulation 2005, made under the Criminal Code 2002 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 15 August 2019. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 15 August 2019. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Criminal Code Regulation 2005 made under the Criminal Code 2002 Contents Page Part 1 Preliminary 1 Name of regulation 2 3 Dictionary 2 4 Notes 2 Part 2 Serious drugs offences 5 Controlled drugs—Code, s 600, def controlled drug 3 6 Controlled plants—Code, s 600, def controlled plant 3 7 Controlled precursors—Code, s 600, def controlled precursor 4 8 Quantities of controlled drugs, plants and precursors—Code, s 601 (1) 5 9 Quantities of controlled drugs in mixtures—Code, s 601 (2) 8

Contents Page contents 2 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Controlled drugs 9 Part 1.1 Controlled medicines 9 Part 1.2 Prohibited substances 15 Schedule 2 Controlled plants 26 Schedule 3 Controlled precursors 28 Dictionary 33 Endnotes 1 About the endnotes 34 2 Abbreviation key 34 3 Legislation history 35 4 Amendment history 37 5 Earlier republications 39 6 Expired transitional or validating provisions 40

R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Criminal Code Regulation 2005 made under the Criminal Code 2002

Part 1 Preliminary Section 1 page 2 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of regulation This regulation is the Criminal Code Regulation 2005. 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation. Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Serious drugs offences Part 2 Section 5 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Serious drugs offences 5 Controlled drugs—Code, s 600, def controlled drug (1) A substance mentioned in schedule 1 is prescribed. (2) The following substances (each of which is a related drug) are also prescribed: (a) a form of a drug mentioned in schedule 1, whether natural or synthetic, and the salts, derivatives and isomers of that drug and any salt of those derivatives and isomers; (b) a drug that is in a class of drugs mentioned in schedule 1, whether natural or synthetic, and the salts, derivatives and isomers of that drug and any salt of those derivatives and isomers; (c) an analogue in relation to a drug mentioned in schedule 1, which includes any substance having a substantially similar chemical structure to the drug, but differing in elemental composition due to the addition, deletion or replacement of any substituent element or group; (d) a homologue in relation to a drug mentioned in schedule 1, which includes any substance which differs from that drug by one or more carbon containing groups (including methylene groups) in that chemical structure; (e) a substance containing or mixed with a substance mentioned in schedule 1. 6 Controlled plants—Code, s 600, def controlled plant A growing plant under schedule 2 is a controlled plant.

Part 2 Serious drugs offences Section 7 page 4 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7 Controlled precursors—Code, s 600, def controlled precursor (1) A substance mentioned in schedule 3 is prescribed. (2) The following substances (each of which is a related precursor) are also prescribed: (a) a preparation, admixture, extract or other substance containing any proportion of a substance mentioned in schedule 3; (b) a substance that is 1 of the following in relation to a substance mentioned in schedule 3: (i) acetal; (ii) acetate; (iii) acid chloride; (iv) amide; (v) anhydride; (vi) diol; (vii) epoxide; (viii) ester; (ix) ether; (x) halogen substituent; (xi) hydroxide; (xii) imine; (xiii) isomer; (xiv) ketal; (xv) nitrile;

Serious drugs offences Part 2 Section 8 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (xvi) oxime; (xvii) salt; (c) any other analogue or derivative of a substance mentioned in schedule 3. 8 Quantities of controlled drugs, plants and precursors— Code, s 601 (1) (1) For a controlled drug under schedule 1— (a) a trafficable quantity of the drug is the quantity under the schedule, column 3 for the drug; and (b) a commercial quantity of the drug is the quantity under the schedule, column 4 for the drug; and (c) a large commercial quantity of the drug is the quantity under the schedule, column 5 for the drug. (2) For a related drug— (a) a trafficable quantity is the quantity mentioned in schedule 1, column 3 for— (i) the drug to which it is related; or (ii) if it is related to more than 1 drug—the drug to which it is related that has the smallest quantity mentioned in schedule 1, column 3; and (b) a commercial quantity is the quantity mentioned in schedule 1, column 4 for— (i) the drug to which it is related; or (ii) if it is related to more than 1 drug—the drug to which it is related that has the smallest quantity mentioned in schedule 1, column 3; and

Part 2 Serious drugs offences Section 8 page 6 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) a large commercial quantity is the quantity mentioned in schedule 1, column 5 for— (i) the drug to which it is related; or (ii) if it is related to more than 1 drug—the drug to which it is related that has the smallest quantity mentioned in schedule 1, column 3. Example—par (a) (ii), par (b) (ii) and par (c) (ii) Drug X is a related drug that is related to— • Morphine (sch 1, pt 1.1, item 49); and • Pethidine (sch 1, pt 1.1, item 60). In sch 1, col 3, the quantity for Morphine is 2.00g and the quantity for Pethidine is 10.00g. Because the Morphine quantity is smaller than the Pethidine quantity, Morphine is the relevant drug for working out the quantities for drug X. Therefore, a trafficable quantity of drug X is 2.00g, a commercial quantity of drug X is 0.75kg and a large commercial quantity of drug X is 1.50kg. (3) For a controlled plant— (a) a trafficable quantity of the plant is the quantity under schedule 2, column 3 for the plant; and (b) a commercial quantity of the plant is the quantity under schedule 2, column 4 for the plant; and (c) a large commercial quantity of the plant is the quantity under schedule 2, column 5 for the plant. (4) For a controlled precursor— (a) a commercial quantity of the precursor is the quantity under schedule 3, column 3 for the precursor; and (b) a large commercial quantity of the precursor is the quantity under schedule 3, column 4 for the precursor.

Serious drugs offences Part 2 Section 8 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) For a related precursor— (a) a commercial quantity is the quantity mentioned in schedule 3, column 3 for— (i) the precursor to which it is related; or (ii) if it is related to more than 1 precursor—the precursor to which it is related that has the smallest quantity mentioned in schedule 3, column 3; and (b) a large commercial quantity is the quantity mentioned in schedule 3, column 4 for— (i) the precursor to which it is related; or (ii) if it is related to more than 1 precursor—the precursor to which it is related that has the smallest quantity mentioned in schedule 3, column 3. Example—par (a) (ii) and par (b) (ii) Precursor X is a related precursor that is related to— • Ammonia (sch 3, item 8); and • Calcium (sch 3, item 20). In sch 3, col 3, the quantity for Ammonia is 1.50kg and the quantity for Calcium is 0.25kg. Because the Calcium quantity is smaller than the Ammonia quantity, Calcium is the relevant precursor for working out the quantities for precursor X. Therefore, a commercial quantity of precursor X is 0.25kg and a large commercial quantity of precursor X is 0.50kg. (6) In this section: related drug—see section 5 (2). related precursor—see section 7 (2).

Part 2 Serious drugs offences Section 9 page 8 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Quantities of controlled drugs in mixtures—Code, s 601 (2) (1) For the Code, section 601 (2) (a)— (a) the quantity under schedule 1, column 3 for a drug is a trafficable quantity of the pure form of the drug (or a related drug); and (b) the quantity under schedule 1, column 4 for a drug is a commercial quantity of the pure form of the drug (or a related drug); and (c) the quantity under schedule 1, column 5 for a drug is a large commercial quantity of the pure form of the drug (or a related drug). (2) For the Code, section 601 (2) (b)— (a) the quantity under schedule 1, column 3 for a drug is a trafficable quantity of the mixture containing the drug (or a related drug); and (b) the quantity under schedule 1, column 4 for a drug is a commercial quantity of the mixture containing the drug (or a related drug); and (c) the quantity under schedule 1, column 5 for a drug is a large commercial quantity of the mixture containing the drug (or a related drug).

Controlled drugs Schedule 1 Controlled medicines Part 1.1 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Controlled drugs (see s 5, s 8 (1) and (2), s 9) Note This schedule is divided into pt 1.1 (Controlled medicines) and pt 1.2 (Prohibited substances). These terms are not relevant for the Criminal Code but are terms used in the Medicines, Poisons and Therapeutic Goods Act 2008. Part 1.1 Controlled medicines column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 1 Acetyldihydrocodeine 15.00 7.50 15.00 2 Acetylmethadol 15.00 7.50 15.00 3 Acetylmorphines 2.00 1.00 2.00 4 Alfentanil 3.00 1.50 3.00 5 Alphacetylmethadol 10.00 5.00 10.00 6 Alphaprodine 25.00 12.50 25.00 7 Amphetamine 6.00 3.00 6.00 8 Amylobarbitone, except if packed and labelled for injection 125.00 62.50 125.00 9 Anileridine 15.00 7.50 15.00 10 Benzylmorphine 7.50 3.75 7.50 11 Bezitramide 7.50 3.75 7.50 12 Buprenorphine 0.06 0.03 0.06 13 Butobarbitone 125.00 62.50 125.00 14 Butorphanol 5.00 2.50 5.00 15 Carfentanyl 0.0075 0.00375 0.0075

Schedule 1 Controlled drugs Part 1.1 Controlled medicines page 10 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 16 Cocaine 6.00 3.00 6.00 17 Codeine, except if compounded with 1 or more other medicaments— (a) in divided preparations containing 30mg or less of codeine per dosage unit; or (b) in undivided preparations containing 1% or less of codeine 125.00 62.50 125.00 18 Codeine-N-oxide 15.00 7.50 15.00 19 4-Cyano-1-methyl-4- phenylpiperidine (Pethidine intermediate A) 3.00 1.50 3.00 20 Cyclobarbitone 125.00 62.50 125.00 21 Dexamphetamine 6.00 3.00 6.00 22 Dextromoramide 5.00 2.50 5.00 23 Dextropropoxyphene, except— (a) in divided preparations containing 135mg or less of dextropropoxyphene per dosage unit; or (b) in liquid preparations containing 2.5% or less of dextropropoxyphene 27.00 13.50 27.00

Controlled drugs Schedule 1 Controlled medicines Part 1.1 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 24 Difenoxin, except in preparations containing, per dosage unit, 0.5mg or less of difenoxin and a quantity of atropine sulphate equivalent to at least 5% of the dose of difenoxin 0.60 0.30 0.60 25 Dihydrocodeine, except if compounded with 1 or more other medicaments— (a) in divided preparations containing not more than 100mg of dihydrocodeine per dosage unit; or (b) in undivided preparations with a concentration of not more than 2.5% of dihydrocodeine 250.00 125.00 250.00 26 Dihydromorphine 250.00 125.00 250.00 27 Diphenoxylate, except in preparations containing, per dosage unit, 2.5mg or less of diphenoxylate and a quantity of atropine sulphate equivalent to at least 1% of the dose of diphenoxylate 125.00 62.50 125.00 28 Dipipanone 125.00 62.50 125.00 29 Dronabinol 25.00 12.50 25.00 30 Drotebanol 5.00 2.50 5.00 31 Ethylamphetamine 6.00 3.00 6.00

Schedule 1 Controlled drugs Part 1.1 Controlled medicines page 12 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 32 Ethylmorphine, except if compounded with 1 or more other medicaments— (a) in divided preparations containing not more than 100mg of ethylmorphine per dosage unit; or (b) in undivided preparations with a concentration of not more than 2.5% of ethylmorphine 5.00 2.50 5.00 33 Fentanyl 0.0075 0.00375 0.0075 34 Flunitrazepam 30.00 15.00 30.00 35 Hydrocodone 5.00 2.50 5.00 36 Hydromorphinol 5.00 2.50 5.00 37 Hydromorphone 5.00 2.50 5.00 38 Ketamine 6.00 3.00 6.00 39 Levamphetamine 6.00 3.00 6.00 40 Levomethamphetamine 6.00 3.00 6.00 41 Levomoramide 5.00 2.50 5.00 42 Levorphanol 1.50 0.75 1.50 43 Methadone 400.00 200.00 400.00 44 Methylamphetamine 6.00 3.00 6.00 45 Methyldihydromorphine 5.00 2.50 5.00 46 Methylphenidate 6.00 3.00 6.00

Controlled drugs Schedule 1 Controlled medicines Part 1.1 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 47 1-Methyl-4-phenylpiperidine-4- carboxylic Acid (Pethidine intermediate C) 3.00 1.50 3.00 48 Morphine 20.00 10.00 20.00 49 Morphine Methobromide 30.00 15.00 30.00 50 Morphine-N-oxide 30.00 15.00 30.00 51 Nabilone 0.60 0.30 0.60 52 Norcodeine 500.00 250.00 500.00 53 Normethadone 7.50 3.75 7.50 54 Opium in any form, except the alkaloids noscapine and papaverine 30.00 15.00 30.00 55 Oxycodone 7.50 3.75 7.50 56 Oxymorphone 5.00 2.50 5.00 57 Pentazocine 125.00 62.50 125.00 58 Pentobarbitone, except if packed and labelled for injection 125.00 62.50 125.00 59 Pethidine 20.00 10.00 20.00 60 Phendimetrazine 15.00 7.50 15.00 61 Phenmetrazine 7.50 3.75 7.50 62 Phenoperidine 7.50 3.75 7.50 63 4-Phenylpiperidine-4-carboxylic Acid Ethyl Ester (Pethidine intermediate B) 3.00 1.50 3.00

Schedule 1 Controlled drugs Part 1.1 Controlled medicines page 14 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 64 Pholcodine, except if compounded with 1 or more other medicaments— (a) in divided preparations containing not more than 100mg of pholcodine per dosage unit; or (b) in undivided preparations with a concentration of not more than 2.5% of pholcodine 7.50 3.75 7.50 65 Piritramide 1.50 0.75 1.50 66 Poppy straw (concentrate of), that is the material arising when poppy straw has entered into a process for concentration of its alkaloids 250.00 125.00 250.00 67 Propiram 5.00 2.50 5.00 68 Quinalbarbitone 125.00 62.50 125.00 69 Racemoramide 5.00 2.50 5.00 70 Remifentanil 0.30 0.15 0.30 71 Secbutobarbitone 125.00 62.50 125.00 72 Sufentanil 0.0075 0.00375 0.0075 73 Thebacon 5.00 2.50 5.00 74 Thebaine 5.00 2.50 5.00 75 Tilidine 3.00 1.50 3.00

Controlled drugs Schedule 1 Prohibited substances Part 1.2 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.2 Prohibited substances column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 1 Acetorphine 5.00 2.50 5.00 2 Acetyl-alpha-methylfentanyl 0.0075 0.00375 0.0075 3 N-Acetylamphetamine 6.00 3.00 6.00 4 N-Acetylmethylamphetamine 6.00 3.00 6.00 5 Alkoxyamphetamines and bromo- substituted alkoxyamphetamines, except if separately mentioned in this part 10.00 5.00 10.00 6 Alkoxyamphetamines and substituted alkoxyamphetamines, except if separately mentioned in this part 10.00 5.00 10.00 7 Alkoxyphenethylamines and alkyl- substituted alkoxyphenethylamines, except if separately mentioned in this part 10.00 5.00 10.00 8 Alkoxyphenethylamines and substituted alkoxyphenethylamines, except if separately mentioned in this part 10.00 5.00 10.00 9 Alkoxythioamphetamines and substituted alkoxythioamphetamines, except if separately mentioned in this part 10.00 5.00 10.00 10 Allylprodine 5.00 2.50 5.00 11 Alphameprodine 0.20 0.10 0.20 12 Alphamethadol 0.20 0.10 0.20 13 Alpha-methylfentanyl 0.0075 0.00375 0.0075

Schedule 1 Controlled drugs Part 1.2 Prohibited substances page 16 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 14 N-[alpha-Methyl-3,4- (methylenedioxy)phenethyl]hydroxyla mine (N-Hydroxy MDA) 10.00 5.00 10.00 15 Alpha-methylthiofentanyl 0.0075 0.00375 0.0075 16 Alpha-Pyrrolidinovalerophenone (a- PVP) 6.00 3.00 6.00 17 2-Amino-1-(2,5-dimethoxy-4-methyl) phenylpropane (STP, DOM) 10.00 5.00 10.00 18 Benzethidine 15.00 7.50 15.00 19 Benzoylindoles, except if separately mentioned in this schedule 300.00 30.00 150.00 20 Benzylpiperazine (BZP) 6.00 3.00 6.00 21 Betacetylmethadol 5.00 2.50 5.00 22 Beta-hydroxyfentanyl 0.0075 0.00375 0.0075 23 Beta-hydroxy-3-methylfentanyl 0.0075 0.00375 0.0075 24 Betameprodine 5.00 2.50 5.00 25 Betamethadol 5.00 2.50 5.00 26 Betaprodine 5.00 2.50 5.00 27 1-(8-Bromobenzo[1,2-b;4,5- b]difuran-4-yl)-2-aminopropane (Bromo Dragonfly) 10.00 5.00 10.00 28 4-Bromo-2,5-dimethoxyamphetamine (DOB) 10.00 5.00 10.00 29 4-Bromo-3,5-dimethoxyamphetamine 10.00 5.00 10.00 30 4-Bromo-2,5- dimethoxyphenethylamine (2C-B) 10.00 5.00 10.00 31 3-Bromo-4-methoxyamphetamine 10.00 5.00 10.00

Controlled drugs Schedule 1 Prohibited substances Part 1.2 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 32 4-Bromo-3-methoxyamphetamine 10.00 5.00 10.00 33 Bufotenine 10.00 5.00 10.00 34 Cannabinomimetics (synthetic), except if separately mentioned in this schedule 300.00 30.00 150.00 35 Cannabis 300.00 30.00 150.00 36 Cannabis oil, except cannabis food products 25.00 2.50 12.50 37 Cannabis resin 25.00 2.50 12.50 38 Cathinone 6.00 3.00 6.00 39 1-(3-Chlorophenyl)-piperazine (mCPP) 6.00 3.00 6.00 40 Clonitazene 7.50 3.75 7.50 41 Coca leaf 30.00 15.00 30.00 42 Codoxime 15.00 7.50 15.00 43 4-Cyano-2-dimethylamino-4,4- diphenylbutane (Methadone intermediate) 5.00 2.50 5.00 44 Cyclohexylphenols, except if separately mentioned in this schedule 300.00 30.00 150.00 45 Desomorphine 5.00 2.50 5.00 46 Diampromide 7.50 3.75 7.50 47 Dibenzopyrans, except if separately mentioned in this schedule 2.00 1.00 2.00 48 Diethylthiambutene 7.50 3.75 7.50 49 N,N-Diethyltryptamine (DET) 10.00 5.00 10.00 50 Dimenoxadol 125.00 62.50 125.00

Schedule 1 Controlled drugs Part 1.2 Prohibited substances page 18 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 51 Dimepheptanol 125.00 62.50 125.00 52 2,4-Dimethoxyamphetamine 10.00 5.00 10.00 53 2,5-Dimethoxyamphetamine (DMA) 10.00 5.00 10.00 54 3,4-Dimethoxyamphetamine 10.00 5.00 10.00 55 2,5-Dimethoxy-4-ethoxyamphetamine 10.00 5.00 10.00 56 3,4-Dimethoxy-5-ethoxyamphetamine 10.00 5.00 10.00 57 4,5-Dimethoxy-2-ethoxyamphetamine 10.00 5.00 10.00 58 2,5-Dimethoxy-4-ethylamphetamine (DOET) 10.00 5.00 10.00 59 2,5-Dimethoxy-4- ethylthiophenethylamine (2C-T-2) 10.00 5.00 10.00 60 2,5-Dimethoxy-4-iodophenethylamine (2C-I) 10.00 5.00 10.00 61 2,3-Dimethoxy-4,5- methylenedioxyamphetamine 10.00 5.00 10.00 62 2,5-Dimethoxy-3,4- methylenedioxyamphetamine 10.00 5.00 10.00 63 3,4-Dimethoxyphenylethylamine 10.00 5.00 10.00 64 2,5-Dimethoxy-4-(N)- propylthiophenethylamine (2C-T-7) 10.00 5.00 10.00 65 3-(2-Dimethylaminoethyl)-4- hydroxyindole (Psilocine, Psilotsin) 2.00 1.00 2.00 66 3-(1,2-Dimethylheptyl)-1-hydroxy- 7,8,9,10-tetrahydro-6,6,9-trimethyl- 6H-dibenzo[b,d]pyran (DMHP) 3.00 1.50 3.00 67 Dimethylthiambutene 7.50 3.75 7.50 68 N,N-Dimethylamphetamine 6.00 3.00 6.00

Controlled drugs Schedule 1 Prohibited substances Part 1.2 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 69 N,N-Dimethyltryptamine (DMT) 10.00 5.00 10.00 70 Dioxaphetyl Butyrate 5.00 2.50 5.00 71 Ecgonine 6.00 3.00 6.00 72 4,5-Ethylenedioxy-3- methoxyamphetamine 10.00 5.00 10.00 73 Ethylmethylthiambutene 7.50 3.75 7.50 74 Eticyclidine (PCE) 0.0075 0.00375 0.0075 75 Etonitazene 7.50 3.75 7.50 76 Etorphine 7.50 3.75 7.50 77 Etoxeridine 7.50 3.75 7.50 78 Fenethylline 6.00 3.00 6.00 79 4-Fluoro-N-methylamphetamine (4- FMA) 10.00 5.00 10.00 80 1-(5-Fluoropentyl)-3-(2- iodobenzoyl)indole (AM-694) 300.00 30.00 150.00 81 N-Formylamphetamine 6.00 3.00 6.00 82 N-Formylmethylamphetamine 6.00 3.00 6.00 83 Furethidine 1.50 0.75 1.50 84 Harmaline 20.00 10.00 20.00 85 Harmine 20.00 10.00 20.00 86 Heroin 5.00 2.50 5.00 87 3-Hexyl-1-hydroxy-7,8,9,10- tetrahydro-6,6,9-trimethyl-6H- dibenzo[b,d]pyran (Parahexyl) 5.00 2.50 5.00 88 4-Hydroxybutanoic acid (GHB) 0.50 0.25 0.50

Schedule 1 Controlled drugs Part 1.2 Prohibited substances page 20 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 89 2-[(1r,3s)-3-Hydroxycyclohexyl]-5- (2-methylnonan-2-yl)phenol (Cannabicyclohexanol or CP 47, 497 C8 homologue) 3.00 1.50 3.00 90 2-[(1r,3s)-3-Hydroxycyclohexyl]-5- (2-methyloctan-2-yl)phenol (CP 47,497) 3.00 1.50 3.00 91 Hydroxypethidine 3.00 1.50 3.00 92 Isomethadone 5.00 2.50 5.00 93 Ketobemidone 5.00 2.50 5.00 94 Levomethorphan 5.00 2.50 5.00 95 Levophenacylmorphan 5.00 2.50 5.00 96 Lysergic Acid 0.003 0.0015 0.003 97 Lysergide (LSD, LSD-25) 0.003 0.0015 0.003 98 Mecloqualone 15.00 7.50 15.00 99 Metazocine 125.00 62.50 125.00 100 Methaqualone 7.50 3.75 7.50 101 Methcathinone 6.00 3.00 6.00 102 4-Methoxyamphetamine (PMA) 10.00 5.00 10.00 103 5-Methoxy-alpha-methyltryptamine (5-MeO-AMT) 10.00 5.00 10.00 104 N-(2-Methoxybenzyl)-2,5-dimethoxy- 4-bromophenethylamine (25B- NBOMe) 10.00 5.00 10.00 105 N-(2-Methoxybenzyl)-2,5-dimethoxy- 4-chlorophenethylamine (25C- NBOMe) 10.00 5.00 10.00

Controlled drugs Schedule 1 Prohibited substances Part 1.2 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 106 N-(2-Methoxybenzyl)-2,5-dimethoxy- 4-iodophenethylamine (25I-NBOMe) 10.00 5.00 10.00 107 N-(2-Methoxybenzyl)-2,5-dimethoxy- 4-methylphenethylamine (25D- NBOMe) 10.00 5.00 10.00 108 N-(2-Methoxybenzyl)-2,5- dimethoxyphenethylamine (25H- NBOMe) 10.00 5.00 10.00 109 4-Methoxymethylamphetamine (PMMA) 10.00 5.00 10.00 110 2-Methoxy-3,4- methylenedioxyamphetamine 10.00 5.00 10.00 111 5-Methoxy-3,4- methylenedioxyamphetamine 10.00 5.00 10.00 112 2-Methoxy-4,5- methylenedioxyamphetamine 10.00 5.00 10.00 113 4-Methoxy-2,3- methylenedioxyamphetamine 10.00 5.00 10.00 114 2-Methoxy-3,4- methylenedioxyphenylethylamine 10.00 5.00 10.00 115 3-Methoxy-4,5- methylenedioxyphenylethylamine 10.00 5.00 10.00 116 4-Methoxyphenylethylamine 10.00 5.00 10.00 117 2-(2-Methoxyphenyl)-1-(1- pentylindol-3-yl)ethanone (JWH-250) 3.00 1.50 3.00 118 1-(4-Methoxyphenyl)piperazine (pMPP) 6.00 3.00 6.00

Schedule 1 Controlled drugs Part 1.2 Prohibited substances page 22 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 119 Methyl(2S,4aR,6aR,7R,9S,10aS,10bR) -9-acetoxy-6a,10b-dimethyl-4,10- dioxo-dodecahydro-2-(3-furyl)-2H- naphtho[2,1-c]pyran-7-carboxylate (Salvinorin A) 120 4-Methylaminorex 6.00 3.00 6.00 121 Methyldesorphine 5.00 2.50 5.00 122 3,4-Methylenedioxyamphetamine (MDA) 10.00 5.00 10.00 123 3,4-Methylenedioxy-N- ethylamphetamine (MDEA) 10.00 5.00 10.00 124 3,4-Methylenedioxymethcathinone (Methylone) 10.00 5.00 10.00 125 3,4- Methylenedioxymethylamphetamine (MDMA) 10.00 5.00 10.00 126 3,4-Methylenedioxypyrovalerone (MDPV) 10.00 5.00 10.00 127 3-Methylfentanyl 0.0075 0.00375 0.0075 128 4-Methylmethcathinone (Mephedrone) 6.00 3.00 6.00 129 N-Methyl-1-(3,4- Methylenedioxyphenyl)-2- Butanamine (MBDB) 10.00 5.00 10.00 130 2-Methyl-3-morpholino-1,1- diphenylpropane Carboxylic Acid (Moramide intermediate) 5.00 2.50 5.00 131 1-Methyl-4-phenyl-4-piperidinol propionate (MPPP) 5.00 2.50 5.00

Controlled drugs Schedule 1 Prohibited substances Part 1.2 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 132 4-Methylthioamphetamine 10.00 5.00 10.00 133 3-Methylthiofentanyl 0.0075 0.00375 0.0075 134 Metopon 5.00 2.50 5.00 135 Mitragynine 136 Morpheridine 30.00 15.00 30.00 137 (1-(2-Morpholin-4-ylethyl)indol-3- yl)-napthalen-1-ylmethanone (JWH-200) 3.00 1.50 3.00 138 Muscimol 2.00 1.00 2.00 139 Myrophine 30.00 15.00 30.00 140 Nalbuphine 0.05 0.025 0.05 141 Naphthoylindoles, except if separately mentioned in this schedule 3.00 1.50 3.00 142 Naphthoylpyrroles, except if separately mentioned in this schedule 300.00 30.00 150.00 143 Naphthylmethylindenes, except if separately mentioned in this schedule 300.00 30.00 150.00 144 Naphthylmethylindoles, except if separately mentioned in this schedule 300.00 30.00 150.00 145 Napthalen-1-yl-(1-butylindol-3- yl)methanone (JWH-073) 3.00 1.50 3.00 146 Nicocodine 500.00 250.00 500.00 147 Nicodicodine 500.00 250.00 500.00 148 Nicomorphine 500.00 250.00 500.00 149 Noracylmethadol 5.00 2.50 5.00 150 Norlevorphanol 5.00 2.50 5.00

Schedule 1 Controlled drugs Part 1.2 Prohibited substances page 24 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 151 Normorphine 30.00 15.00 30.00 152 Norpipanone 15.00 7.50 15.00 153 Para-fluorofentanyl 0.005 0.0025 0.005 154 1-Pentyl-3-(4-methyl-1- napthoyl)indole (JWH-122) 3.00 1.50 3.00 155 1-Pentyl-3-(1-naphthoyl)indole (JWH-018) 3.00 1.50 3.00 156 Phenadoxone 15.00 7.50 15.00 157 Phenampromide 15.00 7.50 15.00 158 Phenazocine 1.50 0.75 1.50 159 Phencyclidine (PCP) 0.0075 0.00375 0.0075 160 Phenethylamines, except if separately mentioned in this schedule 300.00 30.00 150.00 161 Phenomorphan 7.50 3.75 7.50 162 Phenylacetylindoles, except if separately mentioned in this schedule 10.00 5.00 10.00 163 1-Phenylethyl-4-phenyl-4-piperidinol acetate (PEPAP) 5.00 2.50 5.00 164 Piminodine 15.00 7.50 15.00 165 Proheptazine 1.50 0.75 1.50 166 Properidine 40.00 20.00 40.00 167 Psilocybine 2.00 1.00 2.00 168 Racemethorphan 5.00 2.50 5.00 169 Racemorphan 5.00 2.50 5.00 170 Rolicyclidine (PHP, PCPY) 0.0075 0.00375 0.0075

Controlled drugs Schedule 1 Prohibited substances Part 1.2 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 substance column 3 trafficable quantity (g) column 4 commercial quantity (kg) column 5 large commercial quantity (kg) 171 Tenocyclidine (TCP) 2.00 1.00 2.00 172 Tetrahydrocannabinols (THC) and their alkyl homologues, except if separately mentioned in this schedule 2.00 1.00 2.00 173 2,3,4,5-Tetramethoxyamphetamine 10.00 5.00 10.00 174 Thiofentanyl 0.0075 0.00375 0.0075 175 Trifluoromethylphenylpiperazine (TFMPP) 6.00 3.00 6.00 176 Trimeperidine 15.00 7.50 15.00 177 3,4,5-Trimethoxyamphetamine (TMA) 10.00 5.00 10.00 178 2,3,4-Trimethoxyamphetamine 10.00 5.00 10.00 179 2,3,5-Trimethoxyamphetamine 10.00 5.00 10.00 180 2,3,6-Trimethoxyamphetamine 10.00 5.00 10.00 181 2,4,5-Trimethoxyamphetamine 10.00 5.00 10.00 182 2,4,6-Trimethoxyamphetamine 10.00 5.00 10.00 183 3,4,5-Trimethoxyphenethylamine (mescaline) and other substances structurally derived from methoxy- phenylethylamine, except— (a) methoxyphenamine; or (b) if separately mentioned in this part 10.00 5.00 10.00 184 1-(3,4,5-Trimethoxyphenyl)-2- aminobutane 10.00 5.00 10.00 185 2,4,5-Trimethoxyphenylethylamine 10.00 5.00 10.00

Schedule 2 Controlled plants page 26 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 2 Controlled plants (see s 6, s 8 (3)) column 1 item column 2 controlled plant column 3 trafficable quantity column 4 commercial quantity column 5 large commercial quantity 1 Amanita cothurnata 2 Amanita gemmata 3 Amanita muscaria 4 Amanita pantherina 5 other plants of species Amanita 6 Banisteria caapi 7 Banisteriopsis inebrians 8 Cannabis 10 plants 100 plants 1 000 plants 9 Catha edulis 10 any plant of species Conocybe 11 any plant of species Erythroxylon 12 any plant of species Gymnopilus 13 Haemadictyon amazonicum 14 Lophophora williamsii 15 Mitragyna speciosa 16 Papaver orientale (Papaver bracteatum) 500 plants 17 Papaver somniferum 500 plants 18 Peganum harmala 19 Piptadenia macrocarpa

Controlled plants Schedule 2 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 controlled plant column 3 trafficable quantity column 4 commercial quantity column 5 large commercial quantity 20 Piptadenia peregrina 21 Prestonia amazonica 22 any plant of species Psilocybe 23 Salvia divinorum 24 Stropharia cubensis

Schedule 3 Controlled precursors page 28 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 3 Controlled precursors (see s 7, s 8 (4), (5) and (6)) column 1 item column 2 controlled precursor column 3 commercial quantity column 4 large commercial quantity 1 Acetaldehyde 0.50kg 1.00kg 2 Acetic anhydride 0.70kg 1.40kg 3 N-Acetylanthranilic acid 5.00kg 10.00kg 4 Allylbenzene 0.25L 0.50L 5 Allylpyrocatechol 0.10L 0.20L 6 Alpha-phenylacetoacetonitrile 0.50kg 1.00kg 7 4-Amino-butanoic acid 1.50kg 3.00kg 8 Ammonia 1.50kg 3.00kg 9 Ammonium formate 0.50kg 1.00kg 10 Anthranilic acid 5.00kg 10.00kg 11 Benzaldehyde 0.50L 1.00L 12 1,3-Benzodioxole 0.25L 0.50L 13 Benzyl bromide 0.50L 1.00L 14 Benzyl chloride 0.50L 1.00L 15 Boron tribromide 0.25L 0.50L 16 Bromobenzene 1.05kg 2.10kg 17 5-Bromo-1,3-benzodioxole 0.25L 0.50L 18 Bromo safrole 0.30kg 0.60kg 19 1,4-Butanediol 1.50L 3.00L 20 Calcium 0.25kg 0.50kg 21 1-Chlorophenyl-2-aminopropane 1.25kg 2.50kg 22 Chromic acid 0.10L 0.20L 23 Chromium trioxide 0.10kg 0.20kg

Controlled precursors Schedule 3 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 controlled precursor column 3 commercial quantity column 4 large commercial quantity 24 Ephedrine 0.25kg 0.50kg 25 Ergometrine 0.0001kg 0.0002kg 26 Ergotamine 0.0002kg 0.0004kg 27 Ethanamine 0.50L 1.00L 28 N-Ethylephedrine 0.25kg 0.50kg 29 Ethyl phenyl acetate 0.50L 1.00L 30 N-Ethylpseudoephedrine 0.25kg 0.50kg 31 Eugenol 0.10L 0.20L 32 Formaldehyde 1.50kg 3.00kg 33 Formamide 0.50L 1.00L 34 Gamma butyrolactone 1.50L 3.00L 35 Gamma hydroxybutanoic acid 1.50L 3.00L 36 Hydriodic acid 0.65L 1.30L 37 Hydrobromic acid 0.25L 0.50L 38 Hydrogen 1.50kg 3.00kg 39 Hydrogen chloride 1.50kg 3.00kg 40 Hydrogen sulfide 1.50kg 3.00kg 41 4-Hydroxybutanal 1.50L 3.00L 42 4-Hydroxy-butanoic acid lactone 1.50L 3.00L 43 4-Hydroxy-butanoic acid nitrile 1.50L 3.00L 44 4-Hydroxy pentanoic acid 1.50L 3.00L 45 2-Hydroxytetrahydrofuran 1.50L 3.00L 46 Hypophosphite salts 0.25 kg 0.50kg 47 Hypophosphorous acid 0.45L 0.90L 48 Iodine 0.25kg 0.50kg

Schedule 3 Controlled precursors page 30 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 controlled precursor column 3 commercial quantity column 4 large commercial quantity 49 Isosafrole 0.30L 0.60L 50 Lithium 0.25kg 0.50kg 51 Lithium aluminium hydride 0.05kg 0.10kg 52 Lysergic acid 0.00005kg 0.0001kg 53 Magnesium 0.25kg 0.50kg 54 Mandellic acid 0.50kg 1.00kg 55 Mercuric chloride 0.001kg 0.002kg 56 Mercury 0.001kg 0.002kg 57 Methcathinone 0.25kg 0.50kg 58 Methylamine 0.50L 1.00L 59 Methylammonium salts 0.25kg 0.50kg 60 3,4-Methylenedioxyphenylacetic acid 0.10kg 0.20kg 61 3,4-Methylenedioxyphenylpropan-2-one (PMK) 0.05kg 0.10kg 62 N-Methyl ephedrine 1.20kg 2.40kg 63 N-Methylformamide 0.50L 1.00L 64 Methyl phenylacetate 1.00kg 2.00kg 65 N-Methylpseudoephedrine 1.20kg 2.40kg 66 Methylstyrene 0.50L 1.00L 67 Nitroethane 0.50L 1.00L 68 Nitromethane 0.50L 1.00L 69 Norpseudoephedrine 2.15kg 4.30kg 70 Palladium 0.005kg 0.01kg 71 Phenylacetamide 0.50kg 1.00kg 72 Phenylacetic acid 0.50kg 1.00kg

Controlled precursors Schedule 3 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 controlled precursor column 3 commercial quantity column 4 large commercial quantity 73 Phenylacetonitrile 1.45L 2.90L 74 Phenylacetyl chloride 1.05L 2.10L 75 Phenylalanine 0.50kg 1.00kg 76 1-Phenyl-2-bromopropane 0.50kg 1.00kg 77 1-Phenyl-2-chloropropane 1.15kg 2.30kg 78 1-Phenyl-2-iodopropane 0.50kg 1.00kg 79 1-Phenyl-2-nitropropene 1.20kg 2.40kg 80 1-Phenyl-2-propanol 0.90L 1.80L 81 Phenylpropanolamine 2.15kg 4.30kg 82 1-Phenyl-1-propanone 0.25L 0.50L 83 1-Phenyl-2-propanone (BMK) 1.00L 2.00L 84 1-Phenyl-2-propanone oxime 1.00kg 2.00kg 85 Phosphorus 0.10kg 0.20kg 86 Phosphorous acid 1.10L 2.20L 87 Piperidine 0.35kg 0.70kg 88 Piperonal 0.30kg 0.60kg 89 Platinum 0.005kg 0.010kg 90 Potassium 0.25kg 0.50kg 91 Propionic anhydride 0.05L 0.10L 92 Pseudoephedrine 1.10kg 2.20kg 93 Pyridine 1.00L 2.00L 94 2-Pyrrolidone 1.50L 3.00L 95 Raney nickel 0.05kg 0.10kg 96 Safrole 0.30L 0.60L 97 Sassafras oil 0.10L 0.20L

Schedule 3 Controlled precursors page 32 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 controlled precursor column 3 commercial quantity column 4 large commercial quantity 98 Sodium 0.25kg 0.50kg 99 Sodium bis (2-methoxyethoxy) aluminium hydride 0.05kg 0.10kg 100 Sodium borohydride 0.05kg 0.10kg 101 Sodium cyanoborohydride 0.05kg 0.10kg 102 Thionyl chloride 0.25kg 0.50kg 103 Thorium 1.00kg 2.00kg

Dictionary R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following term: • for. Note 3 Terms used in this regulation have the same meaning that they have in the Criminal Code (see Legislation Act, s 148). For example, the following term is defined in the Criminal Code, dict: • cannabis (see s 600). cannabis food product—see the Drugs of Dependence Act 1989, section 6. Code means the Criminal Code. derivative means a substance or compound made from another substance or compound.

Endnotes 1 About the endnotes page 34 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Criminal Code Regulation 2005 SL2005-2 notified LR 4 March 2005 s 1, s 2 commenced 4 March 2005 (LA s 75 (1)) sch 1 pt 1.1 item 39 commenced 1 May 2005 (s 2 (2)) remainder commenced 6 March 2005 (s 2 (1) and see Criminal Code (Serious Drug Offences) Amendment Act 2004 A2004-56 s 2 and LA s 79) as amended by Criminal Code Amendment Regulation 2007 (No 1) SL2007-7 notified LR 3 May 2007 s 1, s 2 commenced 3 May 2007 (LA s 75 (1)) remainder commenced 4 May 2007 (s 2) Justice and Community Safety Legislation Amendment Act 2007 A2007-22 sch 1 pt 1.7 notified LR 5 September 2007 s 1, s 2 commenced 5 September 2007 (LA s 75 (1)) sch 1 pt 1.7 commenced 6 September 2007 (s 2) Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.7 notified LR 14 August 2008 s 1, s 2 commenced 14 August 2008 (LA s 75 (1)) sch 2 pt 2.7 commenced 14 February 2009 (s 2 and LA s 79) Criminal Code Amendment Regulation 2008 (No 1) SL2008-56 notified LR 22 December 2008 s 1, s 2 commenced 22 December 2008 (LA s 75 (1)) remainder commenced 23 December 2008 (s 2) Criminal Code Amendment Regulation 2009 (No 1) SL2009-25 notified LR 1 June 2009 s 1, s 2 commenced 1 June 2009 (LA s 75 (1)) remainder commenced 2 June 2009 (s 2)

Endnotes 3 Legislation history page 36 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Crimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.7 notified LR 3 September 2009 s 1, s 2 commenced 3 September 2009 (LA s 75 (1)) sch 1 pt 1.7 commenced 4 September 2009 (s 2) Criminal Code Amendment Regulation 2010 (No 1) SL2010-41 notified LR 25 October 2010 s 1, s 2 commenced 25 October 2010 (LA s 75 (1)) remainder commenced 26 October 2010 (s 2) Criminal Code Amendment Regulation 2013 (No 1) SL2013-10 notified LR 9 May 2013 s 1, s 2 commenced 9 May 2013 (LA s 75 (1)) remainder commenced 10 May 2013 (s 2) Crimes Legislation Amendment Act 2013 (No 2) A2013-50 pt 8 notified LR 9 December 2013 s 1, s 2 commenced 9 December 2013 (LA s 75) pt 8 commenced 10 December 2013 (s 2 (2)) Criminal Code (Controlled Drugs) Legislation Amendment Regulation 2014 (No 1) SL2014-6 pt 2 notified LR 10 April 2014 s 1, s 2 commenced 10 April 2014 (LA s 75 (1)) pt 2 commenced 17 April 2014 (s 2) Crimes Legislation Amendment Act 2019 A2019-23 pt 7 notified LR 8 August 2019 s 1, s 2 commenced 8 August 2019 (LA s 75 (1)) pt 7 commenced 15 August 2019 (s 2 (1))

Endnotes Amendment history 4 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Dictionary s 3 am SL2014-6 s 4 Definitions—Code, s 10 (1), def default application date s 4A ins SL2007-7 s 4 om A2007-22 amdt 1.25 ins SL2009-25 s 4 om A2009-24 amdt 1.19 ins SL2013-10 s 4 om A2013-50 s 21 Controlled drugs—Code, s 600, def controlled drug s 5 am A2008-26 amdt 2.16 sub SL2010-41 s 4 Controlled plants—Code, s 600, def controlled plant s 6 am A2008-26 amdt 2.16 Controlled precursors—Code, s 600, def controlled precursor s 7 am A2008-26 amdt 2.16 sub SL2010-41 s 5 Quantities of controlled drugs, plants and precursors—Code, s 601 (1) s 8 am A2008-26 amdt 2.16; SL2010-41 s 6, s 7 Quantities of controlled drugs in mixtures—Code, s 601 (2) s 9 am A2008-26 amdt 2.16 sub SL2014-6 s 5 Transitional—Criminal Code (Controlled Drugs) Legislation Amendment Regulation 2014 (No 1) pt 10 hdg ins SL2014-6 s 6 exp 17 April 2016 (s 102) Meaning of commencement day—pt 10 s 100 ins SL2014-6 s 6 exp 17 April 2016 (s 102) Application of amendments s 101 ins SL2014-6 s 6 exp 17 April 2016 (s 102) Expiry—pt 10 s 102 ins SL2014-6 s 6 exp 17 April 2016 (s 102)

Endnotes 4 Amendment history page 38 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Controlled drugs sch 1 am A2008-26 amdt 2.17 sub SL2014-6 s 7 Controlled medicines sch 1 pt 1.1 hdg sub A2008-26 amdt 2.18 sch 1 pt 1.1 sub SL2014-6 s 7 Prohibited substances sch 1 pt 1.2 am SL2010-41 ss 8-10; items renum R9 LA sub SL2014-6 s 7 am A2019-23 s 28 Controlled plants sch 2 sub SL2014-6 s 7 Controlled precursors sch 3 am SL2008-56 s 4 sub SL2010-41 s 11; SL2014-6 s 7 Dictionary dict def associated drug om SL2010-41 s 12 def cannabis food product ins A2019-23 s 29 def derivative ins SL2010-41 s 13 def related drug om SL2010-41 s 14

Endnotes Earlier republications 5 R14 15/08/19 Criminal Code Regulation 2005 Effective: 15/08/19 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk () in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 6 Mar 2005 6 Mar 2005– 30 Apr 2005 not amended new regulation R2 1 May 2005 1 May 2005– 3 May 2007 not amended commenced provision R3 4 May 2007 4 May 2007– 5 Sept 2007 SL2007-7 amendments by SL2007-7 R4 6 Sept 2007 6 Sept 2007– 22 Dec 2008 A2007-22 amendments by A2007-22 R5 23 Dec 2008 23 Dec 2008– 13 Feb 2009 SL2008-56 amendments by SL2008-56 R6 14 Feb 2009 14 Feb 2009– 1 June 2009 SL2008-56 amendments by A2008-26 R7 2 June 2009 2 June 2009– 3 Sept 2009 SL2009-25 amendments by SL2009-25 R8 4 Sept 2009 4 Sept 2009– 25 Oct 2010 A2009-24 amendments by A2009-24 R9 26 Oct 2010 26 Oct 2010– 9 May 2013 SL2010-41 amendments by SL2010-41 R10 10 May 2013 10 May 2013– 9 Dec 2013 SL2013-10 amendments by SL2013-10 R11 10 Dec 2013 10 Dec 2013– 16 Apr 2014 A2013-50 amendments by A2013-50 R12 17 Apr 2014 17 Apr 2014– 17 Apr 2016 SL2014-6 amendments by SL2014-6

Endnotes 6 Expired transitional or validating provisions page 40 Criminal Code Regulation 2005 Effective: 15/08/19 R14 15/08/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R13 18 Apr 2016 18 Apr 2016– 14 Aug 2019 SL2014-6 expiry of transitional provisions (pt 10) 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2019

The regulation operates by reference. Its core legal concepts are: (1) prescription of substances and plants, (2) the extension of prescription to related forms, and (3) the assignment of threshold quantities that convert otherwise identical possession into higher‑graded offences under the Criminal Code.

"Prescribed" substances. Section 5(1) prescribes any substance mentioned in schedule 1 as a controlled drug. Schedule 1 is divided into two parts, the first listing "controlled medicines" and the second "prohibited substances" (Schedule 1 preface). Section 6 prescribes "a growing plant under schedule 2" as a controlled plant, and section 7(1) prescribes schedule 3 substances as controlled precursors. The dictionary confirms that terms used in this regulation have the same meaning as in the Criminal Code, and that "Code" means the Criminal Code 2002 (Dictionary).

Related substances, analogues and homologues. The regulation does not limit prescription to the named molecules. Section 5(2) expressly includes (a) forms of scheduled drugs, salts, derivatives and isomers; (b) any drug in a class mentioned in schedule 1; (c) analogues, defined to include "any substance having a substantially similar chemical structure to the drug, but differing in elemental composition due to the addition, deletion or replacement of any substituent element or group"; and (d) homologues, which differ by one or more carbon‑containing groups. Section 7(2) adopts a partly different drafting technique for precursors, listing particular chemical relationships (for example, "ester", "ketal", "nitrile") and capturing "any other analogue or derivative" (s 7 (2)(a)-(c)). These provisions widen the statutory net beyond the literal entries in the schedules.

Quantity thresholds and mapping rules. Section 8 provides the operative mapping between schedule columns and the Criminal Code's s 601 categories. For scheduled drugs, columns 3, 4 and 5 of schedule 1 correspond to trafficable, commercial and large commercial quantities respectively (s 8 (1)(a)-(c). For related drugs, the regulation adopts a "smallest relevant quantity" rule: if a related drug is related to more than one scheduled drug, the trafficable, commercial and large commercial quantities are those applicable to the scheduled drug that has the smallest trafficable quantity in schedule 1, column 3 (s 8 (2)(a)-(c); example provided). Section 9 clarifies how to count quantities where drugs appear in mixtures by distinguishing the pure form tests under Code s 601(2)(a) from mixture tests under Code s 601(2)(b) and mapping schedule column quantities accordingly (s 9 (1)-(2)).

Precise measurement units. Schedule 1 uses grams and kilograms for drugs, with some entries down to fractions of a gram (for example lysergic acid 0.003g, LSD 0.003g), and even microquantities for very potent opioid analogues (for example fentanyl items at 0.0075g). Schedule 2 expresses thresholds for Cannabis in plant counts (10, 100, 1 000 plants for trafficable, commercial and large commercial respectively) and provides a plant count of 500 for certain Papaver species (Schedule 2). Schedule 3 uses kg and litres for precursor thresholds (s 3 columns). The operational implication is that actors must be capable of measuring small mass quantities and counting plants, depending on the item.

Cross‑reference and importation. The regulation repeatedly cross‑references the Criminal Code and imports its definitional structure (see s 3; Dictionary note 3). Schedule 1 notes explicitly that the pt 1.1 and pt 1.2 labels are for the Medicines, Poisons and Therapeutic Goods Act 2008 and are not relevant to the Criminal Code. The legislative endnotes list the Acts and subordinate instruments that have amended the regulation since 2005, so the schedules and thresholds are the product of iterative amendments (Legislation history and Amendment history).

The regulation affects four principal groups by operation of its prescription and quantity rules.

Persons handling listed substances. Any person who manufactures, supplies, possesses, imports or exports substances listed in schedule 1, plants listed in schedule 2 or precursors listed in schedule 3 is affected because those substances are "controlled" for the Code’s offence provisions (s 5(1), s 6, s 7(1)). That group includes pharmaceutical manufacturers and distributors for medicines listed in pt 1.1, importers and exporters of chemical precursors, growers of controlled plants, retailers or wholesalers of chemicals or botanical specimens, laboratory companies, and anyone in possession of these items.

Businesses that use precursors or listed chemicals as inputs. Schedule 3 contains industrial chemicals that have legitimate uses, for example acetaldehyde, benzaldehyde, gamma butyrolactone, and sodium borohydride. When quantities listed in schedule 3 are met or exceeded the Code’s commercial‑grade offences may become relevant (s 8 (4)-(5)). Businesses that manufacture or trade in those chemicals must track whether their holdings or transfers meet the commercial or large commercial quantity thresholds.

Medical and veterinary practitioners and pharmacies. Many medicines are in schedule 1 pt 1.1 with column thresholds that affect how the Code treats large quantities (for example morphine, methadone, codeine exceptions set out in those items). The schedule also notes that the pt 1.1/pt 1.2 division is used in the Medicines, Poisons and Therapeutic Goods Act 2008; that creates an administrative overlay for registrants subject to medicines regulation. Health practitioners who prescribe, store or dispense listed medicines must maintain awareness of the thresholds where supply in bulk could engage Code offences.

Law enforcement, forensic laboratories and courts. Police and prosecutors use the schedules to determine whether an investigation meets a particular statutory category under the Criminal Code. Forensic laboratories need to quantify amounts precisely to classify an item as trafficable, commercial or large commercial and to distinguish pure‑form quantities from mixture quantities under s 9. Courts and defence counsel will confront questions of whether a seized substance is a "related" substance or an analogue, requiring expert chemical evidence as to structure and identity (s 5(2)(c)-(d); s 7(2)(c)).

Indirectly affected actors. Transporters, warehousing providers, customs brokers, agricultural suppliers and event organisers are also affected insofar as their operations can involve listed substances or plants. Controlled plants in schedule 2 include species such as Cannabis and Papaver somniferum, so cultivators and horticultural suppliers must check whether their activities engage the Criminal Code thresholds (s 6; s 8(3)). The regulation therefore creates compliance obligations and evidentiary questions across a supply chain of private firms and public agencies.

Who does not get new direct rights. The regulation is not a licensing instrument and does not itself create new public rights or administrative licences. Its effect is to supply the Criminal Code with technical definitions and quantities; rights, defences and penalties remain governed by the Code and other Acts.

The Criminal Code Regulation 2005 in itself imposes definitional duties rather than affirmative regulatory duties. The operative effect is to prescribe what counts as a controlled drug, plant or precursor and to fix the quantities that determine offence grading in the Criminal Code. The practical duties and legal consequences follow from those definitions.

Duty to know whether a substance is prescribed. Under s 5, s 6 and s 7 a substance, plant or precursor becomes "prescribed" if it appears in the relevant schedule or is captured by the related‑substance clauses. Persons who handle chemicals, drugs or plants therefore face a duty to establish whether an item they possess is within a listed description, or is a related drug, analogue, derivative or homologue of a listed item (s 5(2); s 7(2)). The regulation itself does not prescribe inspection procedures or recordkeeping, but the Code offences to which these definitions feed will make knowledge relevant to criminal liability.

Duty to measure and classify quantities. Section 8 requires that trafficable, commercial and large commercial quantities be determined by reference to the schedule columns. Those numeric thresholds operate as legal triggers for different offence categories under the Criminal Code (see Code s 601 as referenced). The practical duty for affected persons is to measure quantities (mass, volume or plant counts) and to classify mixtures correctly under s 9 so as to know whether the quantity present reaches the threshold for a particular offence grade.

Duty to consider related and multiple relationships. Where a related drug or precursor is related to more than one scheduled item, s 8(2) and s 8(5) require using the scheduled drug or precursor with the smallest trafficable quantity to calculate the thresholds. This creates a duty to map related relationships against the schedule and to apply the "smallest relevant quantity" rule rather than relying on a single named comparator.

No affirmative regulatory licences in the instrument. The regulation does not, by itself, grant licences, approvals or exemptions. It imports terminology used by other statutes such as the Medicines, Poisons and Therapeutic Goods Act 2008; those Acts may impose positive duties, licensing regimes, recordkeeping and exemptions, but such duties are not created by this regulation. The regulation’s function is definitional and threshold-setting.

Rights and legal consequences. The regulation does not specify rights such as exemptions for authorised medical or research use. Those rights remain issues for the Criminal Code and other statutes that may provide express defences, authorisations or licensing pathways. However, by clarifying what is a controlled item and how quantities are calculated (including mixtures under s 9), the regulation supplies the factual framework in which rights and defences under the Code are adjudicated. Practitioners should therefore regard the regulation as a technical map rather than a source of substantive entitlements.

Evidential implications. Because the regulation expands the prescription to analogues, derivatives and homologues, a key practical duty for defence and prosecution alike is to adduce appropriate chemical identification and quantification evidence. The regulation’s text makes chemical structure questions central to whether an item is caught.

The regulation does not itself create criminal penalties or state enforcement powers. Its legal effect is to supply lists and quantitative thresholds that the Criminal Code 2002 uses to determine the nature and severity of offences. Nonetheless the regulation has direct implications for enforcement and penalty outcomes because it determines whether conduct falls within a trafficable, commercial or large commercial category under the Code.

Connection to the Criminal Code. The regulation repeatedly references the Criminal Code provisions. Sections 5, 6 and 7 operate "for the Code, s 600, def controlled drug/controlled plant/controlled precursor" (see s 5 heading). Section 8 directly implements the Code’s s 601(1) thresholds by mapping schedule quantities to trafficable, commercial and large commercial quantities. Section 9 implements Code s 601(2) principles for mixtures. The Criminal Code contains the substantive offence provisions and penalty scales; the regulation furnishes the factual predicates which determine which penalty scale applies.

Penalty unit values. The republished record notes the value of a penalty unit for offences against this regulation at the republication date: $160 for an individual and $810 for a corporation (Legislation Act 2001, s 133). That statement appears in the republication header; the regulation itself does not set monetary penalties but the note is relevant when penalties in the Criminal Code are expressed in penalty units.

Enforcement actors and evidence. Law enforcement agencies are the practical enforcers. To apply the schedule thresholds, police and forensic laboratories must identify the substance, determine whether it is a related compound or analogue under s 5(2) or s 7(2), and quantify the item by weight, volume or plant count according to the schedule units. Section 9’s distinction between pure form and mixtures requires laboratories and prosecutors to decide whether to measure the pure form of a drug or the mixture containing it, a fact that can change the applicable offence tier. These technical factual questions will often require expert chemical analysis and chain‑of‑custody evidence.

Prosecution scope. The broad definitions of related drugs and related precursors mean that prosecutions can rely on chemical‑structural comparisons and functional group analysis rather than just literal name matches. Section 5(2)(c) defines analogue as "substantially similar chemical structure", and s 7(2)(b) lists many chemical functional group relationships; both provisions widen prosecutorial options and may change enforcement priorities.

No administrative sanctions in this instrument. The regulation contains no administrative enforcement regime, permit conditions, reporting obligations or civil penalties. Any administrative controls (for example, licensing of pharmaceutical wholesalers, poisons scheduling) would be found in other statutes such as the Medicines, Poisons and Therapeutic Goods Act 2008 or specific regulatory schemes for chemical handling.

The regulation operates as a subordinate instrument that sits in a web of statutory references. The principal statutory interaction is with the Criminal Code 2002, but the instrument also signals links to medicines and poisons legislation and to the Legislation Act 2001 on drafting, commencement and penalty units.

Primary link to the Criminal Code. The regulation exists to serve the Criminal Code. Sections 5, 6 and 7 expressly operate "for the Code, s 600, def ..." and sections 8 and 9 operate "for the Code, s 601 (1)" and "s 601 (2)" respectively. In practice, the regulation provides the lists and thresholds that the Criminal Code’s substantive offences reference, so any change to the schedules will change the factual predicates for Code offences. The dictionary also notes that terms used in this regulation have the same meaning that they have in the Criminal Code (Dictionary note 3).

Interaction with medicines and poisons law. Schedule 1 contains a prefatory note that the schedule is divided into Controlled medicines (pt 1.1) and Prohibited substances (pt 1.2), and that those labels are not relevant to the Criminal Code but are terms used in the Medicines, Poisons and Therapeutic Goods Act 2008. That signals that actors subject to medicines regulation should cross‑check the Medicines Act regimes for licensing, storage and supply obligations. The regulation does not create or displace licensing schemes or exempt authorised medical use; it merely aligns naming conventions insofar as the Medicines Act uses the same categories.

Relationship to the Legislation Act 2001. The top of the republished instrument and the Dictionary refer to the Legislation Act provisions governing republication, definitions, editorial amendments and penalty units. The republished text includes editorial changes authorised by the Legislation Act, part 11.3, which do not change the legal effect but may affect text form. The penalty unit values in the republication header are sourced to the Legislation Act, s 133.

Amendments and dependent instruments. The endnotes list numerous amending instruments and Acts that have altered the regulation since 2005, including Criminal Code Amendment Regulations (SL2007-7, SL2008-56, SL2010-41, SL2013-10, SL2014-6), Acts such as the Medicines, Poisons and Therapeutic Goods Act 2008 (A2008-26) and the Crimes Legislation Amendment Acts (A2009-24; A2013-50; A2019-23). Those amending laws adjusted schedule entries, definitions, and commencements. Practitioners must consult the consolidated and point‑in‑time versions of the regulation and the amending instruments for historical or transitional questions (see Endnotes 3 and 4).

Overlap with other regulatory regimes. Many schedule entries are industrial chemicals or feedstocks that may be regulated for occupational health and safety, hazardous substances control, customs and border protection, environmental regulation and agricultural biosecurity. The regulation does not address those regimes but persons handling listed chemicals must ensure compliance with the separate obligations under other laws. For medicines and poisons, the Medicines, Poisons and Therapeutic Goods Act 2008 will be particularly relevant for authorised uses, exemptions and the handling of controlled medicines.

No conflict resolution clause. The regulation provides no standalone conflict resolution mechanism where it overlaps with other laws; insofar as there is overlap, standard rules of statutory interpretation apply and relevant provisions in other statutes (for example, licensing or exemptions) will affect how the Criminal Code is applied in a criminal context.

The republished text and endnotes document an iterative amendment history from first notification in 2005 through to 2019. The instrument has been amended by subordinate instruments and Acts that altered schedule entries, definitions and commencement timings.

Key milestones. The regulation was notified LR 4 March 2005 and commenced in March 2005 (Legislation history). Item 39 of schedule 1 pt 1.1 had a later commencement, 1 May 2005. Subsequent amendments include the Criminal Code Amendment Regulation 2007 (No 1) SL2007‑7 (notified 3 May 2007), and a Justice and Community Safety Legislation Amendment Act 2007 (A2007‑22) that amended sch 1 pt 1.7 (notified 5 September 2007). The Medicines, Poisons and Therapeutic Goods Act 2008 (A2008‑26) amends the regulation and this Act’s sch 2 pt 2.7 commenced 14 February 2009 and affected schedule content (notified 14 August 2008).

Later subordinate regulations updated schedules and definitions. SL2008‑56, SL2009‑25, SL2010‑41, SL2013‑10 and SL2014‑6 appear as subordinate instruments that amended schedule lists, definitions and quantity columns. For instance SL2010‑41 is cited as substituting and amending definitions and items in schedules (Amendment history). The Criminal Code (Controlled Drugs) Legislation Amendment Regulation 2014 (No 1) (SL2014‑6) inserted a transitional part 10 which had an expiry of 17 April 2016; that transitional part and its expiry are recorded in the amendment history. The republished law also records amendments in Crimes Legislation Amendment Acts (A2009‑24; A2013‑50) and the Crimes Legislation Amendment Act 2019 (A2019‑23) which included pt 7 commencing 15 August 2019.

Editorial amendments authorised by the Legislation Act. The Parliamentary Counsel’s Office has made editorial amendments under the Legislation Act 2001, part 11.3. The republished instrument states that editorial changes do not change the effect of the law but take effect as if made by an Act commencing on the republication date (About this republication). The Dictionary records specific amendments to definitions made by subordinate instruments and Acts (Amendment history).

Entries changed and renumberings. The amendment history records numerous technical substitutions and renumberings, for example the substitution of sch 1, pt 1.1 headings and renumbering of items. Schedule 1 has been amended multiple times (A2008‑26 amdt 2.17; SL2014‑6 s 7; A2019‑23 s 28). Schedule 3 was amended by SL2008‑56 and further by SL2010‑41 and SL2014‑6 (Amendment history). The republication endnotes include a table of republications (Endnotes 5) to enable tracing point‑in‑time versions.

Practical requirement to check point‑in‑time versions. Given the number of amending instruments and the technical nature of schedule entries, practitioners should consult the consolidated version current at the relevant time and the endnotes for the legislative history when advising on past conduct or compliance for a particular date. The republished law flags uncommenced provisions and modifications with symbols in the online register; those items are not included in the republished text and must be checked separately.

The republished regulation does not include case law or reports of judicial decisions. The text, schedules and endnotes record only statutory materials, subordinate instruments and commencement dates. No judicial authorities are cited or summarised in the instrument. Therefore the regulation itself contains no litigation history.

Implications for practitioners. Because the regulation is technical and its operation frequently depends on expert forensic evidence (for example, to establish whether a seized substance is a listed drug, a related drug, an analogue or a homologue, or to quantify small mass quantities or determine whether a mixture rule applies under s 9), litigation will typically involve contested expert testimony. However the regulation supplies the legal predicates that courts will apply; any reported litigation interpreting terms such as "substantially similar chemical structure", "analogue", "derivative", or applying the s 8 "smallest relevant quantity" rule will be found in Criminal Code case law, not in the regulation.

Where to look for litigation. To understand how courts have treated terms used in this regulation, counsel and researchers must consult decisions under the Criminal Code 2002 where courts interpret s 600 definitions, Code s 601 quantity rules and analogous provisions. The regulation itself does not catalogue those authorities. In advice and litigation the schedules and the regulation’s definitions will be read alongside Code provisions and expert evidence; the regulation’s text sets the statutory parameters that litigation addresses.

No named case references. The regulation does not name any cases. The endnotes and amendment history list only Acts and subordinate instruments. For litigation history in practice, one must search judicial databases and reporters for decisions that cite the Criminal Code sections which the regulation serves.

Read the schedules and definitional clauses with precision. A number of features in the regulation that are likely sources of practical confusion or risk arise directly from its drafting.

Broad "related" and "analogue" language increases technical complexity. Section 5(2)(c) defines an analogue as any substance having a "substantially similar chemical structure" but differing by addition, deletion or replacement of substituent elements or groups. Section 5(2)(d) further captures homologues. Section 7(2) lists multiple chemical relationships for precursors and catches "any other analogue or derivative" (s 7 (2)(c)). Those formulations enlarge the statutory net but do so by reference to chemical structure concepts that require expert evidence to resolve; they create evidentiary complexity and increase forensic and legal costs for prosecution and defence.

"Smallest relevant quantity" rule: cross‑mapping traps. Where a related drug or precursor is related to more than one scheduled item, s 8(2) and s 8(5) require adopting the smallest trafficable quantity among the related scheduled items when calculating trafficable/commercial/large commercial thresholds. Practitioners who assume a single comparator may under‑estimate legal risk. The regulation includes examples to illustrate this rule, and the mechanical effect can materially increase the grade of an offence for a given quantity.

Mixture vs pure form choice can flip offence grading. Section 9 distinguishes when to apply schedule quantities to the pure form of a drug and when to apply them to mixtures containing the drug, reflecting the Code’s s 601(2) split. Whether a laboratory measures the pure drug quantity or the quantity of drug in a mixture can change whether the threshold is met. The regulation does not prescribe laboratory methodology; parties must ensure chain of custody and analytical methodology are robust and that the correct legal test (Code s 601(2)(a) vs (b)) is applied.

Plants with blank quantity columns. Schedule 2 lists many species of controlled plants but only provides explicit plant count thresholds for Cannabis (10, 100, 1 000) and for two Papaver items, which show "500 plants" under a column. Many schedule 2 items have no numeric entries shown in the republication. Section 8(3) binds trafficable/commercial/large commercial to the schedule columns, so where schedule columns are blank practitioners must not assume thresholds; instead the controlled plant status exists (s 6) but the regulation supplies no explicit quantity thresholds for some listed species. That is a drafting feature requiring careful reading and, if necessary, advice on how Code offences apply when no schedule quantity is recorded.

Very small measurement units demand laboratory precision. Some schedule 1 entries specify minute mass thresholds (for example lysergic acid and LSD at 0.003g). For enforcement and defence this raises practical issues of measurement precision, sample representativeness and laboratory method validation. Chain of custody and analytical quality control become decisive in close cases.

Interplay with medicines legislation. The division of schedule 1 into pt 1.1 and pt 1.2 is stylistic for the Medicines, Poisons and Therapeutic Goods Act 2008 (Schedule 1 note). Practitioners working with controlled medicines should cross‑reference the Medicines Act for licensing and authorised use; failure to do so can produce operational missteps where clinical use is permitted but criminal risks still exist for unauthorised large supplies.

Editorial changes and point‑in‑time complexity. The republished instrument records numerous amendments and editorial changes authorised under the Legislation Act. For historic conduct or transitional cases, reliance on the current consolidated text without checking the point‑in‑time version and endnotes can lead to error. The republished law flags uncommenced provisions with symbols; practitioners must consult the register for the relevant version on the relevant date.

No direct administrative compliance checklist in the instrument. Because the regulation is a list and threshold instrument and not a licensing or reporting instrument, practitioners cannot rely on it for procedural compliance steps such as permits, reporting to regulators or exemptions; those obligations, where they exist, are in other Acts.

Compliance with the Criminal Code Regulation 2005 is largely about accurate identification, quantification, classification, recordkeeping and cross‑checking with other regulatory regimes. The following practical steps translate the regulation’s mechanical requirements into an operational compliance checklist.

Inventory and identification audit. Create and maintain an inventory of all substances, plants and precursors you possess, import, supply or process. For each item, cross‑check against schedule 1 (drugs), schedule 2 (plants) and schedule 3 (precursors) entries. Remember the schedules include both plainly named molecules and broader classes; if a substance is not explicitly named, assess whether it is a "related drug", "analogue", "derivative" or "homologue" under s 5(2) or a related precursor under s 7(2).
Engage qualified chemical expertise. Where a substance’s status is uncertain, obtain an analytical chemist’s report capable of addressing structural comparisons (analogue/homologue), salt forms, isomers and derivatives. Because the regulation explicitly uses chemical structure comparisons to capture analogues and homologues (s 5(2)(c)-(d); s 7(2)), legal classification will often depend on expert analysis.
Measurement protocols and laboratory accreditation. Adopt validated measurement protocols and use accredited laboratories to quantify mass and volume. The regulation’s thresholds include very small masses (for example 0.003g), and volume thresholds for precursors are expressed in litres or kg. Laboratories should document methods, limits of detection and limits of quantification, and report whether quantities refer to pure form or mixture. Because s 9 requires different approaches for pure form vs mixture quantities, ensure the lab’s reporting clarifies which test is being used.
Plant counts and horticultural records. If dealing with schedule 2 plants, maintain plant counts, growth records and provenance documentation. For Cannabis the schedule sets trafficable, commercial and large commercial thresholds by plant count (10, 100, 1 000 plants respectively) (Schedule 2). For Papaver species certain counts are given; for other listed species the schedule provides no numeric columns; nevertheless any growing plant under schedule 2 is a controlled plant (s 6).
Map related relationships and apply smallest quantity rule. For substances that are related to more than one scheduled item, apply s 8(2) and s 8(5) by identifying the scheduled item with the smallest trafficable quantity and using that item’s columns to determine the applicable threshold. Document the comparator analysis so that, if seized, you can show the method used to calculate thresholds.
Cross‑check medicines and poisons law. For medicines or therapeutic goods, check licences, prescriptions, storage and supply rules under the Medicines, Poisons and Therapeutic Goods Act 2008. Schedule 1’s division into Controlled medicines and Prohibited substances is for the Medicines Act’s terminology and may affect administrative compliance even where criminal liability is determined under the Code and this regulation.
Supply chain controls for precursors and industrial chemicals. For businesses handling schedule 3 precursors, implement supplier and purchaser due diligence, transaction monitoring and quantity checks. Many legitimate industrial chemicals appear in schedule 3; maintain documentation of use‑purpose, product data sheets and transaction records to rebut any inference of illicit diversion if quantities approach commercial thresholds.
Legal review of products and formulations. For multi‑component products and mixtures, obtain legal and scientific analysis to decide whether the mixture or the pure form should be used under s 9 for quantity calculation. Keep formulation records and batch testing results.
Training and policies. Train operational staff on how to identify scheduled items, how to maintain records, and on escalation procedures if a potential offence threshold is approached. Where a firm’s activities could engage Code offences (for example, importing large amounts of listed precursors), coordinate legal, compliance and technical teams.
Consult current consolidated law and historical versions for date‑sensitive advice. The regulation has been amended repeatedly. For compliance advice on historical conduct or transitional periods check the relevant point‑in‑time version and the endnotes (Endnotes 3-4). The online ACT legislation register flags uncommenced or modified provisions.

Implementation costs and decision points. Complying requires up‑front investment in expert advice, accredited testing and internal controls. The regulation’s broad analogue/derivative terminology increases the likelihood of needing expert structural comparisons and forensic quantification. Where quantities are near schedule thresholds, firms should consider seeking written legal guidance and, if available, engage regulators to clarify authorised uses or licensing options under other Acts.

Record retention. Retain all analytical reports, inventory logs, supply contracts, transport documentation and internal compliance records. These documents will be material in any enforcement scenario where the application of the schedule thresholds and related definitions is contested.

In short, treat the regulation as a technical map that determines criminal grading under the Criminal Code; compliance requires translating chemical and botanical facts into the statutory categories the regulation defines and documenting that translation defensibly.

Criminal Code Regulation 2005

Plain English Summary

Deep Dive

What it does

Current sections

Criminal Code Regulation 2005

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply