Drugs Flashcards
When was the Misuse of Drugs Act?
1971
When was the Psychoactive Substances Act?
2016
What is Section 5 Misuse of Drugs Act 1971?
Possession of a controlled drug
Possession of a controlled drug with intent to supply
What are the three points of proving possession of drugs?
The accused has the substance in their possession
The accused knows they have the substance in their possession
The substance is a controlled drug
What is the penalty for Class A possession?
Up to 7 years imprisonment / unlimited fine / both
What is the penalty for Class B possession?
Up to 5 years imprisonment / unlimited fine / both
What is the penalty for Class C possession?
Up to 2 years in prison / unlimited fine / both
What is Section 23 (1) Misuse of Drugs Act 1971?
Entering premises of a business producing / supplying controlled drugs (pharmacies)
Section 23 (2) Misuse of Drugs Act 1971
A police officer can search a person or premises for evidence if there are reasonable grounds to do so, and seize any substance suspected to be a controlled drug
Section 23 (4) Misuse of Drugs Act
A suspect intentionally obstructs your powers as a police officer to search for and obtain evidence
Penalties for PWITS
Class A - life & fine
Class B - 14 years & fine
Class C - 14 years & fine
Section 4 Psychoactive Substances Act 2016
a. person intentionally produces a psychoactive substance
b. person knows or suspects that the substance is a PS
c. i. intends to consume for its effects, or
ii. knows, or is reckless as to whether, the psychoactive substance is likely to be consumed by some other person for its effects
Is possession of a psychoactive substance illegal?
No
Section 5 Psychoactive Substances Act 2016
Supplying or offering to supply
Section 6 Psychoactive Substances Act 2016
Aggravated Section 5 if:
On / in vicinity of school premises
Courier under age of 18
Custodial institution