Drug Offences

Question 1

Controlled drugs

Answer 1

Under Misuse of Drugs Act 1971 - class A (up to 7 years imprisonment), class B (up to 5 years) and class C (up to 2 years) - Home Office list

Question 2

Unlawful Possession

Answer 2

s5(2) - it is an offence for a person to unlawfully have a controlled drug in his possession (possession = control and knowledge, substance must be visible, tangible and measurable)

Question 3

Defences to unlawful possession

Answer 3

s5(4) - taking possession of it for the purpose of preventing another from committing or continuing an offence and as soon as possible after taking possession he delivers the substance into the custody of someone lawfully entitled to take custody of it or destroys it.

Question 4

Production of a controlled drug

Answer 4

s4(2) - production means to manufacture or cultivate (seperate offence under s6 for cultivation of cannabis, rarely used) - also offence to be concerned in the production of drugs (catch-all)

Question 5

Possession with intent to supply

Answer 5

s5(3) - P-WITS - additional mens rea to give the drugs to another

Question 6

Occupier or manager of premises used for controlled drug offences

Answer 6

s8 - offence to knowingly permit; production or attempted production, supply, attempts or offers to supply, preparing opium for smoking, or smoking cannabis, cannabis resin or prepared opium.