Drugs Flashcards
What 2 parts of legislation largely covers drugs offences?
- Misuse of Drugs Act 1971
* Psychoactive Substances Act 2016
Name 3 common drugs in each classification (A, B & C).
Class A: Heroin, Cocaine, LSD
Class B: Cannabis, Ketamine, Amphetamines
Class C: Khat, Anabolic Steroids, GHB
What section of the misuse of drugs act 1971 provides a power to search?
Section 23 MOD 1971
With reasonable grounds…
A person and vehicle may be searched.
What section of the psychoactive substances act 2016 provides a power to search?
Section 36 PSA 2016
Outline Section 4 (3)
Of the MOD Act 1971
Section 4(3) is primarily related to “supply” - states it is an offence to:
i. unlawfully supply or offer to supply.
ii. be concerned in the supply.
iii. making of an offer to supply.
(i. Dealing, ii. Look Out/Driver, iii. Phone conversation “I can get you some..”)
Outline Section 5 (2) of the Misuse of Drugs Act.
Including the points to prove!
Section 5 (2) MOD 1972 is primarily regarding “Possession”
States… “unlawful POSSESSION* of a CONTROLLED DRUG** without LAWFUL AUTHORITY* & has KNOWLEDGE** that they have a substance”
Points to Prove:
- “in their physical possession”
- “knew they had something”
- ** “substance was a controlled drug”
- *** “no authority, such as prescription”
Outline Section 5 (3) of the misuse of drugs act 1971
Section 5 (3) primarily covers “in their possession with intent to supply”
Stating…
It is an offence…
“A controlled drug in their possession lawfully or not with intent to supply it unlawfully to another”
The 2016 Psychoactive Substances Act covers what 3 main categories?
Those that were previously considered “legal highs”
1️⃣ Stimulants
2️⃣ Sedatives
3️⃣ Hallucinogens
Describe 3 symptoms of Stimulants, Sedatives & Hallucinogens…
1️⃣ Stimulants: over confident, anxiety, panic, paranoia.
2️⃣ Sedatives: sleepy, euphoric, forgetful, slow reactions.
3️⃣ Hallucinogens: euphoric, detached from the world, confusion, altered perception.
Briefly, what is covered by sections 4, 5, 6 & 7 of the PSA Act 2016?
S.4. “Production”
S.5. “Supply”
S.6. “Aggravated Supply”* (near a school)
S.7. PWITS** (possession/knowledge/intent)
Outline Section 4 of the 2016 PSA.
It is an offence under S.4 to…
Intentionally produce a psychoactive substance..
Intending to consume it, or
Know or is reckless that someone else may consume it.
Outline Section 5 of the PSA 2016
Section 5 related to supply…
It is an offence to:
Supply, or Offer to Supply.
Note: no payment or reward is necessary for an offence to have been committed.
Section 6 of the PSA 2016 covers “Aggravated Supply”
Name 4 or 5 Aggravating Factors
- In a public place or view.
- To protect young people (such as in the area of a school, 1hr either side of start/finish time).
- They are a repeat or persistent offender.
- There is a local problem (it’s a local priority!)
- Impact on the offender.
Name 3 “General Defences” as outlined in the Misuse of Drugs Act (1971), and..
What section covers these?
General Defences fall under Section 28.
- Lack of knowledge (he didn’t know he had it 🤷🏼♂️ )
- Lack of knowledge it was a controlled drug (no reason to suspect it was 🤷🏼♂️ )
- Belief that they were entitled to possess it (think.. chemist error)
Name 3 “Statutory Defences” as outlined in the Misuse of Drugs Act (1971), and..
What section covers these?
A statutory defence is considered “a lawful reason/defence”
Covered by Section 5(4)
- To prevent another person committing an offence.
- As soon as possible took reasonable steps to destroy the drug.
- Delivering it to the custody of a person lawfully entitled to take custody of it.
