Definitions Flashcards
Controlled drug
Sec 2, MODA 1975:
Any substance, preparation, mixture,or article specififed under schedules 1, 2 and 3 of the MODA 1975 and includes any controlled drug analogue
Controlled drug analogue
Sec 2, MODA 1975:
any substance that has a structure substantially similar to that of any controlled drug but does not include,
a) any substance specified or described in schedules 1,2 or 3 of MODA 1975
b) Any pharmacy only medicine or prescription medicine within the medicines act
c) An approved product within psychoactive substances act 2013
Imports
S2, Customs and excise act 1996:
in relation to any goods, means the arrival of the goods into new zealand in any manner, whether lawfully or unlawfully, from a point outside NZ
when is exporting complete?
S53, customs and excise act 1996:
when the the exporting craft leaves the customs place at which that craft calls immediately before proceeding to a point outside NZ
New Zealand
S2, Customs and excise act 1996:
The land and waters enclosed by the outer limits of the territorial sea of New Zealand - 12 nautical miles from the land mass of NZ
Class A: definition and list
S2, MODA 1975
drugs specified or listed under schedule 1 of MODA 1975
- Cocaine
- Heroin
- Meth
- LSD
- Psilocybine (magic mushrooms)
Class b: definition and list
S2, MODA 1975
Drugs specififed or listed under schedule 2 MODA 1975
- Amphetamine
- GHB
- Cannabis oil / hash
- MDMA
- Morphine
- Opium
- Pseudoephedrine
Class C: definition and list
S2 MODA 75
Drugs specified or listed under schedule 3 MODA 75, and includes any controlled drug analogue
- Cannabis
- cannabis seeds
- BZP
- analogues
Usable quantity
Usable quantity depends on more than size or weight - the nature of the drug and condition it is found in are relevant, as is the question of whether it can supplement any other small samples found to create a large quantity as a whole.
Produce
S2, MODA 1975: Produce includes compound and production has a corresponding meaning.
Compound means to create a whole by mixing or combing two or more elements or parts.= produce changes the nature of the original substance.
Manufacture
Process of snythesis - combining components or processing raw materials to create a NEW substance
ie: making meth from pseudo, or heroin from morphine.
Supply
S2, MODA 75
Includes distribute, give and sell
R V MAGGINIS / R V KNOX (pg18) /
Selling = when a quantitiy or share of drug is exchanged for some valuable consideration (eg swap drugs for real estate)
Administering
INvloves introducing a drug directly into another persons system:
eg: injecting / heating cannabis between two knives while another person inhales / slipping drug into drink
“direct and cause a drug to be taken into the system of another person” - BLACKS LAW DICTIONARY
Otherwise deals
dealing in drugs other than distributing, giving, sellling or administering or offering to do above -
eg: To barter or exchange (R V HOOPER)
Person
proven by judicial notice or circumstantially
what does Statutory presumption mean?, S6(6)
For purposes of 6(1)(f) a person is presumed until contrary is proved to be in possession of a controlled drug for any of the purposes in 6(1)(c) - (e) if they are in possession of the drug in an amount at or over which the drug is presumed to be for supply -
Presumptive amounts:
Schedule 5 MODA 75:
Heroin = 0.5 grams cocaine = 0.5 grams LSD = 25 tabs or 2.5 milligrams Meth = 5 grams MDMA = 5 grams or 100 tablets Cannabis resin / extract = 5 grams Cannabis = 28 Grams
Drugs not listed under schedule 5 = 56grams
definition of Class A drugs
Means any controlled drug specified or described in Schedule 1 to this Act. Class A controlled drugs are classified as such as their misuse poses a very high risk or harm to individuals and society. – Cocaine, Heroine, LSD, Methamphetamine, Psilocybin.
What does giving mean and when is giving complete?
Giving involves handing over or in some way transferring an item to another person.
Giving is complete when the recipient accepts possession or where the drug is placed under thier control,
What constitutes a sale?
Selling occurs when a quantity or share of the drug is exchanged for some valuable consideration.
eg drugs swapped fro real estate.
Valuable consideration - definition and examples
anything capable of being valuable consideration. whether of a monetary kind or of any other kind. IN short money or money’s worth.
For example:
- monetary payment in exchange for goods or services.
- goods given in return for services provided
- issuing a false invoice to receive payment for goods never supplied.
