Controlled Drugs-ID and Offences

Question 1

What are the 3 catergories of drugs? Give 2 examples of each.

Answer 1

First Schedule - Class A
- Methamphetamine/Cocaine
Second  Schedule - Class B
- Morphine/Opium
Third Schedule - Class C
- Cannabis leaf/Cannabis seeds
Fourth Schedule - Class C
- Psuedoephedrine/Ephedrine

Question 2

What are you required to prove for possession of a controlled drug?

Answer 2

1) Possession - Person was in possession/had control over it
2) Knowledge - They knew what the controlled drug was or that it was a controlled drug of sometype, and that it was in their possession.
3) Usable quantity - That the amount of the drug was enough to be usable.

Question 3

Give 4 examples of ‘questions to show knowledge’ and 1 example of a direct allegation.

Answer 3

• What is it?
• Whose is it?
• Why have you got it?
• What do you do with it?
• ‘I have just found a tinfoil package of cannabis in your bag. Why do you have it?’

Question 4

What are you required to prove if you charge a person with possession of instruments under the misuse of drugs act 1975?

Answer 4

• Capable of use:
  You need to prove that the utensil was in fact capable of use. ie: that it was not broken or ornamental and that they were currently using it or intending to do so in the future.

Question 5

What was the important court decision in ‘The Queen v Strawbridge’?

Answer 5

• In the absence of evidence to the contrary, knowledge will be presumed.
• If there was some evidence that the accused honestly believed their act was innocent, they are entitled to be aquitted.

Question 6

What does the presumption of possession to supply mean?

Answer 6

• A charge of possession for supply could be bought against a person based only on the amount of material found.
• However generally additional evidence is required such as:
  = Admission
  = Possession of scales
  = Packaging material
  = Large amount of cash

Question 7

What is the definition of cultivation?

Answer 7

• Cultivate means to sow, plant etc.

- For a charge of cultivation to be proved the offender must have known the plant was prohibited.

Question 8

What do the dealing offences cover?

Answer 8

• Deals with a Class A,B,C drug.

Question 9

How would you recognise cannabis?

Answer 9

• Dried rough grass like material.
• Often has seeds twigs and stems.
• Greyish green, greenish brown, reddish brown.
• Has distinctive sweet smell.