Misuse of Drugs Order 2011

Misuse of Drugs Order 2011

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following order under section 40 of the Misuse of Drugs Act 2001 .

26 July 2011

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

BRIAN WIGHTMAN

Minister for Justice

1.   Short title

This order may be cited as the Misuse of Drugs Order 2011 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Principal Act

In this order, the Misuse of Drugs Act 2001 is referred to as the Principal Act.

4.    Schedule 1 amended (Controlled substances and trafficable quantities)

Schedule 1 to the Principal Act is amended as follows:

(a) by omitting Part 1 and substituting the following Part:

PART 1 - Interpretation

1.   In this Schedule –

(a) a reference to the "Poisons List" is a reference to the Poisons List Order 2001 ; and

(b) the letter "S", followed immediately by a number, is a reference to the schedule to the Poisons List having that number; and

(c) a reference to a substance ("the relevant substance") includes –

(i) every salt, active principle or derivative of the relevant substance and every salt of such an active principle or derivative; and

(ii) a preparation or admixture containing any proportion of the relevant substance; and

(iii) every ester or ether of the relevant substance and every salt of such an ester or ether; and

(iv) every substance that is, in relation to the relevant substance, a stereoisomer or structural isomer (with the same constituent groups); and

(v) every substance that is, in relation to a substance referred to in paragraph (iv), a substance of a kind described in paragraph (i), (ii) or (iii); and

(vi) any substance that is otherwise a homologue, analogue or chemical derivative of, or substantially similar in chemical structure to, the relevant substance.

(b) by inserting after item 29 in Part 2 the following:

29A.

1-(benzo[d][1,3]dioxol-5-yl)-2-(pyrrolidin-1-yl)pentan-1-one otherwise known as methylenedioxypyrovalerone or MDPV

25 grams (or 20 Units)

(c) by inserting after item 40 in Part 2 the following:

40A.

1-(8-Bromobenzo[1,2-b;4,5-b']difuran-4-yl)-2-aminopropane otherwise known as Bromo-dragonfly

25 grams (or 20 Units)

(d) by inserting after item 59 in Part 2 the following:

59A.

4-chloro-2,5-dimethoxyamphetamine

25 grams (or 20 Units)

(e) by inserting after item 86 in Part 2 the following:

86A.

6-7-dihydro-5H-cyclopenta[f][1,3]benzodioxol-6-amine otherwise known as 5,6-Methylenedeioxy-2-aminoindane or MDAI

25 grams (or 20 Units)

(f) by inserting after item 97 in Part 2 the following:

97AA.

2,5-dimethoxy-4-ethylphenethylamine

25 grams (or 20 Units)

(g) by inserting after item 100 in Part 2 the following:

100AA.

2,5-dimethoxy-4-propylphenethylamine otherwise known as 2C-P

5 grams (or 20 Units)

(h) by inserting after item 116 in Part 2 the following:

116A.

ethylcathinone

25 grams (or 20 Units)

(i) by inserting after item 127 in Part 2 the following:

127A.	2-fluoromethcathione	25 grams (or 20 Units)
127B.	3-fluoromethcathione	25 grams (or 20 Units)
127C.	4-fluoromethcathione	25 grams (or 20 Units)
127D.	4-fluoro-N-methylamphetamine	25 grams (or 20 Units)
127E.	1-(p-fluorophenyl)piperazine	25 grams (or 20 Units)

(j) by inserting after item 137A in Part 2 the following:

137B.

2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol otherwise known as CP 47,497

5 grams (or 20 Units)

(k) by inserting after item 138 in Part 2 the following:

138A.

5-iodo-2,3-dihydro-1H-inden-2-amine otherwise known as 5-lodo-2-aminoindane or 5-IAI

25 grams (or 20 Units)

(l) by inserting after item 169 in Part 2 the following:

169A.

5-methoxy-N,N-diallyltryptamine

10 grams (or 20 Units)

(m) by inserting after item 170 in Part 2 the following:

170A.

2-(2-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone otherwise known as JWH-250

5 grams (or 20 Units)

(n) by inserting after item 174 in Part 2 the following:

174A.

N-methyl-6-7-dihydro-5H-cyclopenta[f][1,3]benzodioxol-6-amine otherwise known as 5,6-Methylenedioxy-N-methyl-2-aminoindane or MDMAI

25 grams (or 20 Units)

(o) by inserting after item 178 in Part 2 the following:

178A.	3,4-methylenedioxyethylcathinone	25 grams (or 20 Units)
178B.	3,4-methylenedioxymethcathinone	25 grams (or 20 Units)

(p) by inserting after item 180 in Part 2 the following:

180A.

4-methylmethcathinone

25 grams (or 20 Units)

(q) by inserting after item 203 in Part 2 the following:

203A.	naphthalen-1-yl-(1-butylindol-3-yl)methanone otherwise known as JWH-073	5 grams (or 20 Units)
203B.	naphthalen-1-yl-(1-pentylindol-3-yl)methanone otherwise known as JWH-018	5 grams (or 20 Units)
203C.	1-naphthalen-2-yl-pyrrolidin-1-ylpentan-1-one otherwise known as Naphyrone O-2482	25 grams (or 20 Units)

(r) by inserting after item 239 in Part 2 the following:

239A.

1-phenyl-2-(1-pyrrolidinyl)-1-pentanone otherwise known as a-pyrrolidiniopentiophenone α-PVP

25 grams (or 20 Units)

(s) by inserting after item 1 in Part 4 the following:

1A.	Acetyl chloride	0.5kg
1B.	Allybenzene	0.5kg
1C.	Allylpyrocatechol	0.5kg
1D.	Alpha-phenylacetoacetonitrile	0.5kg
1E.	4-amino-butanoic acid	1.5kg
1F.	Anthranilic acid	5.0kg
1G.	1,3-benzodioxole	250ml
1H.	5-bromo-1,3-benzodioxole	250ml
1I.	Bromo safrole	300g
1J.	1-chlorophenyl-2-aminopropane	1.25kg
1K.	Any plant of the species Ephedra

(t) by inserting after item 4 in Part 4 the following:

4A.	N-ethylephedrine	250g
4B.	Ethyl phenyl acetate
4C.	N-ethylpseudoephedrine	250g
4D.	Gamma butyrolactone	1.5litres
4E.	Gamma hydroxybutanoic acid	1.5litres
4F.	4-hydroxybutanal	1.5litres
4G.	4-hydroxy-butanoic acid lactone	1.5litres
4H.	2-hydroxytetrahydrofuran	1.5litres
4I.	Hypophosphite salts	0.25kg
4J.	Hypophosphorous acid	450ml

(u) by omitting items 7 and 8 from Part 4 and substituting the following:

7.	Mercuric chloride	1milligram
8.	3,4-methylenedioxybenzaldehyde	100g
8A.	3,4-methylenedioxyphenylacetic acid	100g
8B.	3,4-methylenedioxyphenylpropan-2-one	50g
8C.	N-methylformamide	500ml
8D.	N-methyl ephedrine	1.2kg
8E.	N-methylpseudoephedrine	1.2kg
8F.	Norpseudoephedrine	2.15kg
8G.	N-phenethyl-4-piperidone	25g

(v) by inserting after item 9 in Part 4 the following:

9A.

Phenylacetamide

500g

(w) by inserting after item 10 in Part 4 the following:

10A.	Phenylacetone
10B.	1-phenyl-2-bromopropane	500g
10C.	1-phenyl-2-chloropropane	1.15kg
10D.	1-phenyl-2-iodopropane	500g
10E.	1-phenyl-2-nitropropene	1.2kg
10F.	1-phenyl-2-propanol	900ml
10G.	1-phenyl-1-propanone	250ml
10H.	1-phenyl-2-propanone oxime	1.0kg
10I.	Phosphorus	100g
10J.	Phosphorous acid	1.1litres

(x) by inserting after item 13 in Part 4 the following:

14.	Sassafras oil	300ml
15.	Thorium	1.0kg

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 3 August 2011

This order is administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the order)

This order amends the Misuse of Drugs Act 2001 by adding certain substances to the lists of controlled drugs and controlled precursors.