Drugs

Question 1

Drugs - legislation

Answer 1

Misuse of Drugs Act 1971

Question 2

Drugs defences

Answer 2

Didn’t know it was a controlled drug

‘Wasn’t mine’

Thought they were legally entitled to possess it

Taking possession to prevent another from committing or continuing to commit an offence in connection with that drug and as soon as possible, took reasonable steps to destroy it or deliver it to someone lawfully entitled to take custody of it

‘It’s medicinal’

Question 3

Points to prove for possession of drugs

Answer 3

Has the substance in their possession

Knows they have the substance in their possession

The substance is a controlled drug

Question 4

Legislation to detain/enter property to look for drugs or obstruct someone looking for drugs

Answer 4

Section 23 Misuse of Drugs Act 1971

Question 5

Possession of Drugs or Psychoactive substances - type of offence

Answer 5

Either way

Question 6

Possession with intent to supply (drugs or psychoactive substances) - type of offence

Answer 6

Either way

Question 7

Obstructing under the Misuse of Drugs Act 1971

Answer 7

Concealing from an authorised person or without reasonable excuse fails to produce documents relating to production/supply

Someone with drugs found on their person snatching them off you and swallowing them

Heroin user injecting themselves and continues to do so even when challenged by an officer

Question 8

Psychoactive substances - legislation

Answer 8

Psychoactive Substances Act 2016

Question 9

What is not considered a psychoactive substance or controlled drug?

Answer 9

Medical products (unless they have more than normally prescribed)
Alcohol 
Nicotine and tobacco products
Caffeine 
Alkyl Nitrates

Question 10

Key factors for it to be considered a psychoactive substance under the Psychoactive Substance Act 2016

Answer 10

Must be intending to use for its psychoactive use and not its proper use (unless in a custodial institution)

Possession is legal (unless in a custodial institution)

Possession with intent to supply is illegal

Question 11

Who is a lawful authority when it comes to drugs?

Answer 11

Chemists, doctors, patients with prescribed drugs (only amount prescribed, cant stock up), police, forensic staff

Question 12

Psychoactive substances - aggravating factors

Answer 12

Offence committed on school premises at relevant time
Offender used courier under 18
Committed in a custodial institution