Controlled Drugs: ID and Offences

Question 1

How would you recognise cannabis?

Answer 1

Dried, rough grass (like tobacco or herb material).

Often has seeds, twigs and stems.

Greyish green, greenish brown, reddish brown.

Has a distinctive sweet smell.

Question 2

What are the four categories of drugs? Give an example from each category:

Answer 2

First Schedule (Class A):
Methamphetamine (P), LSD, Heroin, Cocaine, PCP.

Second Schedule (Class B):
Morphine, Opium, Methadone, Amphetamine, MDMA, Cannabis oil/resin.

Third Schedule (Class C):
BZP, Cannabis fruit/leaf/seeds, Coca leaf, Codine

Fourth Schedule (Class C): 
Psuedoephedrine, Ephedrine

Question 3

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

Answer 3

Possession:
That the person was in possession, i.e. able to exercise some form of control over it.

Knowledge:
They know what the controlled drug was or that it was controlled drug of some type, and it was in their possession.

Useable quantity:
That the amount of the drug was enough to be useable.

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

That the instrument was able to be used and

It was intended for some future use in an offence against the Act.

Question 5

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

Answer 5

With reference to Presumption of knowledge, it is not necessary for the Crown to establish knowledge on the part of the accused.

Question 6

What does the presumption of possession to supply mean?

Answer 6

The belief that the quantity of drugs in a persons possession is for supply and not just personal use.

Question 7

What are the indicative amounts for possession to supply?

Answer 7

0.5g  Cocaine or Heroin
   5g  Morphine, Methamphetamine
 28g  Cannabis (oil/resin)
 56g  other controlled drug
  100  Cannabis cigarettes (joints, tinnies, bullets)

Question 8

What is the definition of cultivation?

Answer 8

“Cultivate” means to sow, plant, etc.

For a charge of cultivating to be proved, the offender must have known that the plant was prohibited.

Question 9

What do the dealing offences cover?

Answer 9

Section 6:
Import/export/produce or manufacture,
Sell/supply or administer to any person,
have in their possession with intent to supply or administer,
Any controlled drug