Drug Dealing - definitions Flashcards
Controlled drug
Misuse of Drugs Act 1975, Section 2 Controlled drug means any substance, preparation, mixture, or article specified or described in Schedule 1, Schedule 2, or Schedule 3; and includes any temporary class drug and any controlled drug analogue
Controlled drug analogue
Misuse of Drugs Act 1975, Section 2
Controlled drug analogue means any substance, such as the substances specified or described in Part 7 of Schedule 3, that has a structure substantially similar to that of any controlled drug; but does not include—
(a) any substance specified or described in Schedule 1 or Schedule 2 or Parts 1 to 6 of Schedule 3; or
(b) any pharmacy-only medicine or prescription medicine or restricted medicine within the meaning of the Medicines Act 1981; or
(c) an approved product within the meaning of the Psychoactive Substances Act 2013
(d) a non-psychoactive THC analogue
Class A controlled drug
Misuse of Drugs Act 1975, Section 2
Class A controlled drug means the controlled drugs specified or described in Schedule 1
Those most commonly found are:
- cocaine;
- heroin;
- lysergic acid (LSD);
- methamphetamine; and
- psilocybine (magic mushrooms).
Class B controlled drug
Misuse of Drugs Act 1975, Section 2
Class B controlled drug means the controlled drugs specified or described in Schedule 2
The most commonly found are:
- amphetamine;
- cannabis preparations such as cannabis resin (commonly known as hashish) and cannabis oil (hash oil);
- MDMA (ecstasy);
- morphine; and
- opium.
Class C controlled drug
Misuse of Drugs Act 1975, Section 2 Class C controlled drug means the controlled drugs specified or described in Schedule 3; and includes any temporary class drug and any controlled drug analogue
Part 1(1) of schedule 3 concentrates on the categorisation of cannabis and related substances as Class C controlled drugs. The substances controlled here include cannabis fruit, cannabis plant and cannabis seed.
Part 1(2) of schedule 3 refers to six substances. BZP is the ony substance here that features in criminal prosecutions with any regularity.
Part 2 of the same schedule categorises codeine, among others, as a Class C controlled drug.
Importing mens rea
The Crown must prove not only that the defendant’s conduct in some way contributed to the actual importation of the drug, it must also prove the defendant’s guilty knowledge.
This will involve proof that the defendant:
- knew about the importation, or was wilfully blind, and
- knew the imported substance was a controlled drug (or was reckless Cameron v R), and
- intended to cause the importation.
Producing
To “produce” means to bring something into being, or to bring something into existence from its raw materials or elements.
The term is further defined in legislation as including “compound”.
Misuse of Drugs Act 1975, Section 2
Produce includes compound; and production has a corresponding meaning.
To “compound” means to create a whole by mixing or combining two or more elements or parts.
Manufacturing
Manufacturing is the process of synthesis; combining components or processing raw mateirals to create a new substance.
Producing/manufacturing offence complete
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
Imports
Customs and Excise Act 1996, Section 2
Importation,—
(a) in relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand
Supply
To “supply” means “to furnish or provide something that is needed or desired”.
Misuse of Drugs Act 1975, Section 2
Supply includes distribute, give, and sell
Distributing
The term “distribution” relates to the supply of drugs to multiple people.
The distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.
Giving
“To give” means to hand the substance over in order to enable the other person to use the drug for his or her own purposes.
“Giving” will usually be complete when the recipient accepts possession or where the drug is placed under the control of a willing recipient.
Selling
“To sell” involves the typical concept of sale - an exchange of the goods in return for valuable consideration.
Administers
Administering is distinguished from supplying in that it involves introducing a drug directly into another person’s system.
In the context of drug dealing, the appropriate meaning of “administer” is “to direct and cause a … drug to be taken into the system” of another person.
