9APerson must not possess Schedule 8 MDMA or Schedule 8 psilocybine

9A Person must not possess Schedule 8 MDMA or Schedule 8 psilocybine

A person must not possess Schedule 8 MDMA or Schedule 8 psilocybine unless—

(a) the person is an authorised psychedelic psychiatrist; or

(b) the person is a registered medical practitioner, nurse or nurse practitioner who is instructed by an authorised psychedelic psychiatrist to administer the Schedule 8 MDMA or Schedule 8 psilocybine to a person in the authorised psychedelic psychiatrist's care; or

(c) the person is a pharmacist carrying on the lawful practice of the pharmacist's profession; or

(d) the person holds or is the agent of a person who holds a licence or permit under the Act or Regulations that allows that person to possess Schedule 8 MDMA or Schedule 8 psilocybine; or

(e) the person is engaged, or employed by a person who is engaged, to transport Schedule 8 MDMA or Schedule 8 psilocybine at the request of a person referred to in paragraph (d); or

(f) the person is a registered medical practitioner and the Schedule 8 MDMA or Schedule 8 psilocybine is for another person who is a participant in a clinical trial that is—

(i) approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth; and

(ii) approved by a human research ethics committee; or

(g) the person is a nurse or nurse practitioner who is instructed by a registered medical practitioner to administer the Schedule 8 MDMA or Schedule 8 psilocybine to another person who is a participant in a clinical trial that is—

(A) approved by or notified to the Commonwealth Secretary under the Therapeutic Goods Act 1989 of the Commonwealth; and

(B) approved by a human research ethics committee.

Part 2—Permits and forms

Division 1—Special Schedule 8 permits

10 When special Schedule 8 permit required

(1) For the purposes of these Regulations, a special Schedule 8 permit is required if—

(a) a registered medical practitioner or a nurse practitioner considers it necessary to issue a prescription for, supply, authorise the administration of or administer a Schedule 8 poison to a patient of the practitioner; and

(b) the Schedule 8 poison is a special Schedule 8 poison; and

(c) the patient is not a drug-dependent person; and

(d) section 34 of the Act does not require the practitioner to apply to the Secretary for a Schedule 8 permit; and

(e) the prescription, supply, authorisation or administration is not authorised by section 34D, 34E or 34F of the Act.

Section 34 of the Act does not require a registered medical practitioner or nurse practitioner to apply to the Secretary for a Schedule 8 permit in respect of a person who is not a drug-dependent person unless the administration, supply or prescription is for a continuous period greater than 8 weeks, and the other circumstances set out in section 34(3)(a) apply.