Controlled Drugs

Question 0

List some examples of Class A,B and C drugs and what schedules they appear on.

Answer 0

First Schedule - Class A
Methamphetamine (aka P, Ice)
LSD
Mescaline
Cocaine
PCP
Heroin
Thalidomide 
Psilocybine Mushroom

Second Schedule - Class B
Morphine
Opium 
Amphetamine 
Methadone
Cannabis Resin
Cannabis Oil
Ecstasy (MDMA)
Fantasy (GBH and GBL)
MST ( morphine in tablet form)

Third Schedule - Class C
BZP
Cannabis  fruit, leaves, seeds
Coca leaf
Codeine 

Fourth Schedule - Class C
Pseudo ephedrine/ephedrine

Question 1

What are the 5 categories of offences relating to the Misuse of Drugs Act 1975?

Answer 1

1. Dealing
2. Possession
3. Cultivation
4. Possession of Instruments
5. Permitting premises to be used

Question 2

Explain dealing with controlled drugs.

Answer 2

Section 6
Except for authorised people no person shall:

1. Import/export/produce or manufacture ,or
2. Sell/supply or administer to any person, or
3. Have in their possession with the intent to supply or administer

Any controlled drug

Question 3

What are the 3 things that you need to prove for a prima facie case relating to controlled drugs?

Answer 3

1. Possession-in possession and able to exercise control over it
2. Knowledge-knew what drug was and that it was in their possession.
3. Usable Quantity-amount enough to be usable

Question 4

Explain in detail what must be proved for a charge of cultivating.

Answer 4

The offender must have completed an act that promoted the germination or growth of a plant and must have known the plant was prohibited

Question 5

What is the defence for possession of a needle?

Answer 5

If it is proved that the needle was obtained from an authorised outlet.

Question 6

Explain the amounts that indicate “possession for supply”.

Answer 6

0.5g of cocaine or heroin
5g of morhpine
5g methamphetamine 
56g of other controlled drugs
100 cannabis cigarettes
28g of cannabis

Question 7

What are 4 basic questions to ask an offender?

Answer 7

What it is?
Whose is it?
Why have you got it?
What do you do with it?

Question 8

Explain Section 20 of the Search and Surveillance Act 2012 Warrantless search of places and people.

Answer 8

RGTB there is in or on a place:

-Controlled drugs or precursor and it’s not practicable to obtain a warrant
AND
RGTS offence is or has being/ about to be committed against MODA 1975 and if not done immediately CADD.

You may:
ENTER
SEARCH
SEIZE
USING FORCE

Question 9

Explain Section 21 Search and Surveillance Act 2012 Warrantless search of people found in place/vehicle.

Answer 9

DETAIN
SEARCH
SEIZE

Question 10

Explain Section 22 Search and Surveillance Act 2012 Warrantless power to search for controlled drugs.

Answer 10

SEARCH PERSON

RGTB offence is, has or is about to be committed against MODA 1975.