76Granting of DMT authority

76 Granting of DMT authority

76 Granting of DMT authority

(1) The Health Secretary may, on application or the Health Secretary’s own initiative, grant an authority to a person or class of persons for the purposes of the Drug Misuse and Trafficking Act 1985 (a DMT authority).

Note—

The Drug Misuse and Trafficking Act 1985 enables a person to carry out certain activities involving prohibited drugs or prohibited plants if carried out in accordance with a DMT authority.

(2) A DMT authority may authorise a person or class of persons to—

(a) do one or more of the following with a prohibited drug, prohibited scheduled substance or prohibited plant for a relevant purpose—

(i) possess the drug, substance or plant,

(ii) manufacture, produce or cultivate the drug, substance or plant,

(iii) supply the drug, substance or plant,

(iv) administer the drug, substance or plant, and

(b) without limiting paragraph (a)—possess a prohibited drug, prohibited scheduled substance or prohibited plant for the purposes of the person’s profession or employment.

(3) The Health Secretary must not grant a DMT authority in relation to the following—

(a) the possession, manufacture, production, cultivation or supply of low-THC hemp,

(b) the possession, manufacture, production, cultivation or supply of alkaloid poppies,

(c) the manufacture of a prohibited drug using alkaloid poppy material.

(4) A DMT authority may be granted to—

(a) a particular person, or

(b) a class of persons.

(5) A DMT authority is granted to a class of persons by written notice published on the Ministry of Health’s website.

(6) In this section—

alkaloid poppy and alkaloid poppy material have the same meaning as in the Poppy Industry Act 2016.