Drug Offences

Question 1

Importing Controlled Drug

Answer 1

S6(1)(a)

Import into OR export from New Zealand

Any controlled drug

Question 2

Producing/Manufacturing Any Controlled Drug

Answer 2

S6(1)(b) MODA 75

Produce OR Manufacture
Any Controlled Drug

Question 3

Supplying Any Class A or B Controlled Drug

Answer 3

S6(1)(c) MODA 75

Supply OR Administer OR Offer to Supply OR Offer to Administer OR Otherwise Deal In

Any Class A Controlled Drug OR Class B Controlled Drug

To any other person

Question 4

Supply Class C to Person Under 18

Answer 4

Supply OR Administer OR Offer to Supply OR Offer to Administer

Any Class C controlled Drug

To a person under 18 years of age

Question 5

Supply Class C to person over 18

Answer 5

S6(1)(e) MODA 1975

Sell Or Offer to Sell

Any Class C controlled drug

To a person of or over 18 years of age

Question 6

Possess of Controlled Drug for Supply

Answer 6

S6(1)(f)

Have in his possession

Any Controlled Drug

For any of the purposes set out in paragraphs (c), (d), or (e) of section 6(1) Misuse of Drugs Act 1975

Question 7

List Class A controlled Drugs

Answer 7

Cocaine
Heroin
Lysergic acid (LSD)
Methamphetamine
Psilocybin (magic mushrooms)

Question 8

Class B Controlled Drugs

Answer 8

Amphetamine

Cannabis preparations such as cannabis resin and cannabis oil

MDMA

Morphine and Opium

Question 9

R v Strawbridge

Answer 9

It is not necessary for the Crown to establish knowledge on the part of the accused. In the absence of evidence to the contrary knowledge on her part will be presumed, but it there is some evidence that the accused honestly believed on reasonable grounds that her act was innocent, then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.

Question 10

Poli e v Emerali

Answer 10

The serious offence of possessing a narcotic does not extend to some minute and useless residue of the substance

Question 11

R v Rua

Answer 11

The words “produce” or “manufacture” in S6(1)(b) broadly cover the creation of controller drugs by some form of process which changes the original substances into a particular controlled drug

Question 12

Definition of Produce

Answer 12

To “produce” means to bring something into being, or to bring something into existence from its raw materials or elements

Question 13

Definition of Manufacturing

Answer 13

Manufacturing is the process of synthesis; combining components or processing raw materials to create a new substance

Question 14

When is producing/manufacturing complete?

Answer 14

Once the prohibited substance is created

Question 15

Interpretation of supply?

Answer 15

Supply includes DISTRIBUTE, GIVE and SELL

Question 16

What is Distributing?

Answer 16

Supply drugs to multiple people.

Question 17

Definition of ‘giving’

Answer 17

Hand the substance over to enable the other person to use the drug for his or her own purposes

Question 18

Definition of ‘selling’

Answer 18

An exchange of the goods in return for a valuable consideration

Question 19

Definition of administers

Answer 19

Introducing the drug directly into another person’s system

Question 20

R v During

Answer 20

An offer is an intimation by the person charged to another that he is ready to supply drugs on request.

Question 21

R v Brown

Answer 21

The making of such an intimation, with the intention that it should be understood as a genuine offer, is an offence

Question 22

What is an offer?

Answer 22

A communication of an offer (Actua Rea)

The intention that the other person believes the offer to be genuine