Law and penalities

It is illegal to grow, sell, distribute or possess 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 stronger 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 cultivating cannabis is no more than seven years imprisonment.

The maximum penalty for Class B offences (hashish, oil) is 14 years imprisonment for importation, manufacture and supply. Possession 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 the offending is on a minor scale, a person may be offered police 'diversion'. This means that someone can avoid the court process and the likelihood of a conviction, often in return for a donation and/or approved counselling course.

It must be noted that the diversion scheme is up to the discretion of the police, and that it is not uniformly applied in some regions. A report by New Zealand's Health Select Committee in 2003 concluded that there were racial and regional inconsistencies with police diversion. In particular, this report found that Maori were discriminated against and it urged the police to examine their procedures so that greater consistency and fairness could be achieved.