Drugs and controlled substances — New Zealand

A 1975 statute, a 2019 amendment directing police discretion towards health, and a referendum that narrowly said no.

Location map — New Zealand — Drugs and controlled substances
New Zealand. Simplified location map — Natural Earth data, public domain.

The legal framework

The Misuse of Drugs Act 1975 classifies drugs in Classes A, B and C. An amendment in 2019 requires police to consider whether a health-centred or therapeutic approach would be more beneficial than prosecution for possession and personal use. A binding referendum on legalising and regulating cannabis was held in 2020 and was narrowly defeated.

The 2019 amendment did not decriminalise possession; it directed prosecutorial discretion, and prosecutions for simple possession have fallen substantially since.

New Zealand operates a lawful drug checking service: providers licensed under the Drug and Substance Checking Legislation Act test substances at events and in clinics, and the law protects both the service and its clients.

Medicinal cannabis is available on prescription through a domestic scheme established in 2020.

Supply of a Class A drug carries up to life imprisonment.

Key points

Main statuteMisuse of Drugs Act 1975
2019 amendmentPolice must consider a health approach for possession and personal use
2020 referendumCannabis legalisation narrowly rejected
Drug checkingLawful and licensed, protected by statute
Class A supplyUp to life imprisonment

In practice

Cost and coverage

Public addiction services are free. Drug checking is free.

Recent changes

Drug checking has been made permanent and has repeatedly identified substances sold as MDMA that were in fact cathinones, with alerts issued in real time.

Where to go

Worth knowing

Police discretion is not immunity. The decision remains with the officer, and a prosecution for simple possession is still lawful.

Frequently asked questions

Did New Zealand decriminalise drugs in 2019?

No. The amendment directs police to consider a health approach, which has reduced prosecutions without changing the offence.

Is drug checking legal?

Yes, and it is protected by statute for both the provider and the person bringing a sample.

Official sources and links

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Page checked in September 2026. The instruments cited can change: if in doubt, confirm with the official source given.

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