Drugs Flashcards
Section 5 (2) Misuse Drugs Act 1971?
A person who has POSSESSION of a CONTROLLED DRUG without LAWFUL AUTHORITY and has KNOWLEDGE that they have a substance commits an offence of unlawful possession
Section 5 (4) Misuse Drugs Act 1971?
provides a specific defence to unlawful
possession of a controlled drug.
A person found to have unlawful possession of a controlled drug, has a defence if it can be proved that:
The person took possession of the controlled drug to prevent the another person
From committing, or continuing to commit an offence in connection with that drug
As soon as possible after taking possession of the drug, they took all reasonable steps to destroy the drug
Deliver it into the custody of a person lawfully entitled to take custody of it,
Section 4 Misuse of Drugs Act 1971 (Supply)
It is an offence for any person
unlawfully to:
Supply or offer to supply a controlled drug to another. Be concerned in the supply of such a drug to another. Be concerned in the making of an offer to supply a drug to another.
Section 28 Misuse of Drugs Act 1971 provides three
general defences, namely
Lack of knowledge of the alleged fact
• Lack of knowledge of the controlled drug
• Belief that it was a drug he/she was entitled to produce,
supply and possess.
Section 5(3) Misuse of Drugs Act 1971?
PWITS (POSSESSION / WITH / INTENTION / TO / SUPPLY
It is an offence for a person to have a controlled drug in their possession,
whether lawfully or not, with intent to supply it unlawfully to another.
Section 6 Misuse of Drugs Act 1971?
It shall not be lawful for a person to
cultivate any plant of the genus Cannabis It is an offence to cultivate any such plant in contravention of subsection (1) above
Section 23 Misuse of Drugs Act 1971?
If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in
contravention of the Misuse of Drugs Act 1971 or of any regulations made
under it, the constable may:
Search that person and detain them
for the purposes of that search
Search any vehicle or vessel in which
the constable suspects that the drug
may be found
Seize and detain anything found
which appears to be evidence of an
offence under this Ac
