Definitions

Question 1

Controlled Drug

Answer 1

S2 MODA75

Controlled drug means any substance, preparation, mixture or article specified or described in schedules 1, 2 and 3 of MODA1975, and includes any controlled drug analogue

Question 2

Examples of Class A Drugs

Answer 2

Cocaine
Heroin
LSD
Methamphetamine
Magic mushrooms

Question 3

Examples of Class B Drugs

Answer 3

Morphine
Methadone
MDMA
GHB
Opium

Question 4

Examples of Class C Drugs

Answer 4

Cannabis plant
Cannabis seeds
BZP
Controlled drug analogues

Question 5

Statutory Presumptive Amount

LSD
Heroin
Cocaine
Meth
MDMA
Cannabis Oil
Cannabis Plant

Answer 5

Schedule 5 MODA 1975

LSD - 2.5mg or 25 flakes, tablets
Heroin - 0.5g
Cocaine - 0.5g
Meth - 5g
MDMA - 5g or 100 flakes, tablets
Cannabis Oil - 5g
Cannabis Plant - 28g or 100 cigarettes

Where not specified in schedule 5- presumptive amount is 56g

Question 6

Joint Possession

Answer 6

Where more than one person has access to drugs of a saleable quantity, they may be charged jointly with possession. However in such a situation you must prove there was a shared intention to sell the drugs

Question 7

Intent

Answer 7

In a criminal law context there are two specific types of intention in a offence. Firstly there must be an intention to commit the act, and secondly an intention to get a specific result.

Question 8

Controlled Drug Analogue

Answer 8

Any substance with a structure substantially similar to a controlled drug.

All analogues are class C drugs

Question 9

New Zealand

Answer 9

Section 2 of Customs and Excise Act, 1996

The land and the waters enclosed by the outer limits of the territorial sea of New Zealand.

Question 10

Administering

Answer 10

Involves directly introducing a drug into another person’s system.

Question 11

Producing

Answer 11

To bring something into being, or to bring something into existence from its raw materials or elements.

Eg separating cannabis resin(oil) from cannabis plant, as it creates a new form of the drug

Question 12

Manufacturing

Answer 12

The process of synthesis, combining components or processing raw materials to create a new substance.

Eg manufacturing methamphetamine from pseudoephedrine or manufacturing heroism from morphine

Question 13

Proving usable quantity

Answer 13

Under section 29A, it is not necessary for the prosecution to prove that the amount of the controlled drug was a usable quantity unless the defendant puts the matter in issue

Question 14

Supply

Answer 14

Means to furnish or provide something that is needed or desired

Includes distribute, give and sell

Question 15

Distribute

Answer 15

Supply of drugs to multiple people

Question 16

Giving

Answer 16

Handing over or in some way transferring an item to another person

Question 17

Selling

Answer 17

Occurs when a quantity or share in a drug is exchanged for some valuable consideration

Question 18

In “offering to supply or administer” the prosecution must prove:

Answer 18

The actual reus: communicating of an offer to supply or administer a controlled drug

The men’s rea: an intention for the other person to believe the offer to be genuine

Question 19

Possession In drug cases will require the crown to prove:

Answer 19

Knowledge that the drug exists
Knowledge that is is a controlled drug
Some degree of control over it
An intention to possess it

Question 20

Purpose

Answer 20

Means aim or intention

Question 21

Proving intent (circumstantially vs drug matters)

Answer 21

Circumstantial:
The offender S actions before/ during/ and after
The surrounding circumstances
The nature of the act itself

Drug matters:

Admissions
Circumstantial evidence (packaging, scales, cash etc)
The statutory presumption under 6(6)