Controlled Drugs Legislation Flashcards
What offences exist for production of controlled drugs?
Sec 4(2)(a)- offence to produce controlled drugs. Sec 4(2)(b)- offence to concerned with production of controlled drugs
What offences exist for possession of controlled drugs?
Sec 5(2)= possession without lawful authority Sec 5(3)= possession (whether lawful or not) with intent to supply
Would libel possession with intent if suspicious quantity only not any other evidence.
What offences exist for the supply of controlled drugs?
Sec 4(3)(a)- offence to supply controlled drugs. Sec 4(3)(b)- offence to be concerned in the supply of controlled drugs.
Supply would need evidence sis has scales, drugs, drug packaging cutting agents, ripped magazines, cash, mirrored smooth cutting boards,tick lists etc.
What defence exists for possession of controlled drugs?
Sec 5(4)- if someone has taken drugs off someone and is taking them to a police officer or is destroying them. (Prevent commission of offence)
What professionals may carry drugs?
Vets Doctor Dentist Chemist Police officer
What does section 8 make an offence?
For an occupier or manager to allow premises to be knowingly used for: Producing/attempting to produce drugs Supplying/attempting to supply drugs Preparing opium for smoking Smoking cannabis/cannabis resin
When can someone be libelled with a charge of section 19?
If someone attempts to commit a crime under sec 23. E.g thinks hey have a bag of heroin but turns out to be brick dust
Or
If searching Premises for drugs and persons come with cash to buy drugs
What power of search does sec 23 provide?
Power to search a person & detain them for the purposes of that search
Search any vehicle, vessel you suspect has drugs in it.
Can force person to stop vehicle.
Can seize and detain anything found that is drug related.
What offences can occur during a search?
Concealment of drugs or obstructing a police officer. (Sec 23(4))
