Drugs

Question 1

Class A

Answer 1

Heroin
Methadone
Cocaine
Crack
LSD
Ecstasy (MDMA)
Crystal meth
Megic mushrooms

Question 2

Class B

Answer 2

Cannabis
Cannabis resin
Codeine
Ketamine
SPICE

Question 3

Class C

Answer 3

Steroids
Valium
GHB
Khat

Question 4

Temporary class drug

Answer 4

The home secretary can temporarily make any drug subject to temporary control
When it is being misused or having harmful effects
Comes into immediate effect
Lasts up to 12 months
Simple possession of a temporary class drug is not an offence but police can still seize it and the other offences apply

Question 5

Cannabis

Answer 5

Class B drug

So are all products of it e.g. oil, resin etc.

Question 6

Possession

Answer 6

Physical element - proof that the thing is in the persons custody or control
Mental element - must have knowledge that the thing in question is under their custody or control.
Just need to know they had the thing
Doesn’t matter if they don’t know what it is i.e. a controlled drug
Knowledge of having a container and knowing something is inside of it is enough.

Question 7

Joint possession

Answer 7

Can be in joint possession if both are able to have control of it
Do the drugs form part of a common pool from which all had the right to draw?

Question 8

Quantity of controlled drug

Answer 8

Sufficient is it is visible, tangible and measurable

Question 9

Possession of a controlled drug - s5

Answer 9

s5 Misuse of Drugs Act 1971
Either way
It is an offence for D to have a controlled drug in his possession.
PNDs (penalty notice for disorder) can be used for possession of cannabis or khat.
Must be in custody or control and have knowledge.

Question 10

Possession of controlled drug defence - s5(4)

Answer 10

Defences under s5(4) as well as the defences under s28
To prevent another committing or continuing to commit an offence they took reasonable steps to destroy drug or deliver drug to person lawfully entitled to possess e.g. police.

Question 11

Supplying

Answer 11

Person to whom the drug is given must derive some benefit from being given the drug.
So if you give a drug to a friend for safe keeping that is not supplying a controlled drug.
The person being given the drug must be going to use it or sell it.
Injecting someone else does not amount to supplying.

Question 12

Supplying a controlled drug - s4(3)

Answer 12

s4(3) Misuse of Drugs Act 1971
Either way
It is an offence to:
Supply, or
Be concerned in the supply, or
Be concerned in making an offer to supply a controlled drug.
So must be a supply or offer to supply, participation by D in an enterprise involving such supply/offer to supply and knowledge by D of the nature of the enterprise.

Question 13

Offer to supply

Answer 13

Can be made through words or conduct
Don’t need to be in possession of the drug
Don’t need to intent to carry out the offer
Offence complete at point the offer is made
Saying ‘would you like to buy some cocaine?’ seriously is enough.
If the offer is made to an undercover police officer, the offence is still committed and D cannot claim that it was not a ‘real’ offer.

Question 14

Aggravating factors for s4(3)

Answer 14

Courts must treat certain conditions as aggravating factors when considering the seriousness of the offence under s4(3) -

• offence committed on or in vicinity of a school
• D used a courier who was under 18 in relation to the supply to deliver

Question 15

PWITS - s5(3)

Answer 15

s5(3) Misuse of Drugs Act 1971
Either way
It is an offence for D to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another.
Lawfully or not so includes lawful possession
Just need to intend to supply, don’t actually have to supply it

Question 16

Supplying articles for administering or preparing controlled drugs - s9A

Answer 16

s9A Misuse of Drugs Act 1971
Summary
Offence to supply or offer to supply any article which may be used/adapted to be used in the administration by any person of a controlled drug, believing that the article is to be so used in circumstances where the administration is unlawful.
Offence designed to target people selling drug kits and ways to use drugs
But D must believe the article is going to be used that way
Ds may try to claim they didn’t believe it was to be used for controlled drugs e.g. lighting used to grow cannabis, D may say they thought it was to be used for growing tomatoes

Question 17

Production of a controlled drug - s4(2)

Answer 17

s4(2) Misuse of Drugs Act 1971
Either way
It is an offence for a person to produce a controlled drug or be concerned in the production of such a drug.
Producing - manufacture, cultivation, converting or any other method.
Includes people cutting drugs.
Allowing someone to use your premises to produce is not being concerned in the production - there must be active participation.

Question 18

Cultivation of cannabis - s6

Answer 18

s6 Misuse of Drugs Act 1971
Either way
It is an offence for D to cultivate any plant of the genus Cannabis.
Cultivate - requires some element of attention e.g. watering, feeding
Need to prove the plant is Cannabis and D cultivated it.
Don’t have to prove D knew it was Cannabis.

Question 19

s28 defences

Answer 19

s28 Misuse of Drugs Act 1971 provides defences for possession, PWITS, supply, production and cultivation of cannabis.
For D to prove.
3 situations:
1 - lack of knowledge of some alleged fact - D did not know, suspect or have reason to suspect the existence of some fact e.g. didn’t know or suspect envelope he was given contained drugs.
2 - general lack of knowledge about the drug in question - D had no reason to believe it was a controlled drug
3 - conditional belief about drug in question - D was prescribed methadone and was accidentally given pethidine by pharmacist.

Question 20

Regulated possession and supply

Answer 20

Various people need to possess, access, analyse and prescribe controlled drugs for legitimate purposes.
Misuse of Drugs Regulations 2001
Reg 4 - sets out controlled drugs which will be exempt from the main offence of importation/exportation when contained in medicinal products.
Reg 5 - allows people holding a licence issued by SoS to produce, supply, offer to supply or have in possession a controlled drug.
Reg 6 - allows anyone lawfully in possession of a controlled drug to give the drug back to the person from whom he obtained it. Would cover registered heroin addicts properly returning methadone to a chemist. Would also cover police to have a controlled drug in their possession or to supply it to someone who is lawfully allowed to have it.

Question 21

Occupier or manager of premises permitting drug misuse - s8

Answer 21

s8 Misuse of Drugs Act 1971
Either way
It is an offence for an occupier or person concerned in the management of any premises to knowingly permit any of the following to take place on those premises -
Producing or attempting to produce
Supplying or attempting to supply
Preparing opium for smoking
Smoking cannabis, cannabis resin or prepared opium.
Occupier given common sense meaning - someone with control or authority to permit a person or prohibit activities on the premises.
Manager - runs, organises or plans the use of the premises.
Only necessary to show they knew controlled drugs were being produced, don’t have to know what specific ones.
The supply/attempt to supply and smoking of cannabis must have actually taken place.
This offence would also cover permitting the growing of cannabis plants.

Question 22

Community protection notices

Answer 22

Provide powers to the police to close premises where drugs offences are taking place

Question 23

Assisting or inducing an offence outside the UK - s20

Answer 23

s20 Misuse of Drugs Act 1971
Either way
It is an offence if in the UK D assists n or induces the commission in any place outside the UK of an offence concerning misuse of drugs.
Offence outside of UK must have actually took place.

Question 24

Incitement - s19

Answer 24

s19 Misuse of Drugs Act 1971
It is an offence for D to incite another to commit any offence under the misuse of drugs act.
Person could be guilty of this if trying to incite an undercover police officer even if there was no way they would have been incited.

Question 25

Importation of controlled drugs - s3

Answer 25

s3 Misuse of Drugs Act 1971

Prohibits the import or export of a controlled drug unless authorised by the regulations.

Question 26

Travel restriction orders

Answer 26

Criminal Justice and Police Act 2001 allows courts to impose travel restrictions on offenders convicted of drug trafficking offences.
These prohibit them from leaving the UK.
Last for minimum period of 2 years, no max period.
Court have a duty to consider imposing TRO where court has convicted them of a drug trafficking offence and determined that a sentence of 4 years plus is appropriate.
Can also require them to surrender UK passport - failure to abide is summary offence.
Offence under s36 to contravene TRO.
Either way
Don’t have to prove a mens rea element

Question 27

Police powers - entry search and seizure

Answer 27

s23 Misuse of Drugs Act 1971
Power for police to enter search and seize
Person, their property or premises
Warrant can be granted that lasts 1 month to authorise the search
Warrant will specify whether it is just the premises or also people.
It is an either way offence for someone to intentionally obstruct this search under s23(4).

Question 28

Supplying or offering to supply a psychoactive substance - s5

Answer 28

s5 Psychoactive substances Act 2016
Either way
It is an offence for D to intentionally supply/offer to supply a psychoactive substance to another, D knows or suspects or ought to know or suspect it is a psychoactive substance and knows or is reckless as to whether the substance is likely to b consumed by the other person.
Psychoactive substance - any substance which is capable of producing a psychoactive effect in a person who consumes it.

Question 29

Supply of butane lighter refill to a person under 18

Answer 29

Summary offence under reg 2 Cigarette Lighter Refill (Safety) Regulations 1999