Drug Offences

Question 1

Section 5(1) Misuse of drugs act 1971 - Possession

Triable either way

Maximum Sentence - Class A - 7 Years, Class B - 5 Years, Class C - 2 Years

Answer 1

Definition - It shall not be lawful for a person to have a controlled drug in his possession

Question 2

Section 5(3) Misuse of drugs act 1971 - Possession with intent to supply

Triable either way

Maximum Sentence - Class A - Life , Class B - 14 Years, Class C - 14 Years

Answer 2

Definition - It shall not be lawful for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of section 4(1)

Question 3

Section 4(3) Misuse of drugs act 1971 - Supply offenses

Triable either way

Maximum Sentence - Class A - Life , Class B - 14 Years, Class C - 14 Years

Answer 3

Definition -
It is an offense for a person to supply or offer to supply a controlled drug to another
it is an offense for a person to be concerned in the supply of a drug to another
It is an offense to be concerned in the making to another an offer to supply such drug

Question 4

Section 4(2) & 6(1) Misuse of drugs act 1971 - Production offenses

Triable either way

Maximum Sentence - Class A - Life , Class B - 14 Years, Class C - 14 Years

Answer 4

Definition -
It is an offense for a person to produce a controlled drug
it is an offense for a person to be concerned in the production of a drug
It shall not be lawful for a person to cultivate any plant of the genus of cannabis

Question 5

Section 8 Misuse of drugs act 1971 - Premises Occupier Offenses

Triable either way

Maximum Sentence - Class A - 14, Class B - 14 Years, Class C - 14 Years

Answer 5

Definition - A person commits an offense if, being the occupier in the management of any premises, he knowingly permits or suffers any of the following activities to take place on those premises that is to say -

Producing or attempting to produce a controlled drug
Supplying or attempting to supply a controlled drug to another or offering to supply a controlled drug to another
Preparing opium for smoking
Smoking cannabis, cannabis resin or prepared opium

Question 6

Section 9 Misuse of drugs act 1971 - Supply of articles

Triable either way

Maximum Sentence - Class A - 14, Class B - 14 Years, Class C - 14 Years

Answer 6

Definition

(1) A person who supplies or offers to supply any article which may be used or adapted to be used, whether by itself or in combination with another article or other articles, in the administration by any person of a controlled drug to himself or another, believing that the article, or the article as adapted, is to be so used in circumstances where the administration is unlawful, is guilty of an offense.
(2) It is not an offense under … to supply or offer to supply a hypodermic syringe, or any part of one.
(3) A person who supplies or offers to supply any article which may be used to prepare a controlled drug for administration by any person to himself or another believing that the article is to be so used in circumstances where the administration is unlawful is guilty of an offense.

Question 7

Section 23(4) Misuse of drugs act 1971 - Obstruction

Answer 7

Definition -
A person commits an offense if he—
intentionally obstructs a person in the exercise of his powers under this section; or
conceals from a person acting in the exercise of his powers under subsection (1) any such books, documents, stocks or drugs as are mentioned in that subsection; or
without reasonable excuse, proof of which shall lie on him, fails to produce any such books or documents as are so mentioned where their production is demanded by a person in the exercise of his power under that subsection