Drugs Flashcards
Class A
Heroin (diamorphine), methadone, cocaine, LSD, Ecstasy (MDMA) and crystal meth. It also includes fungus of any kind such as magic mushrooms
Class B
Cannabis, cannabis resin, codeine, ketamine and Ritalin
Class C
Valium (diazepam,GBH
Possession
2 elements of possession; physical element and mental element ie physical control of it and knowledge of its presence
Possession of a controlled drug
Section 5 misuse of drugs act 1971
Class A - seven years
Class B - five years
Class C - 2 years
Defence to in lawful possession
Took possession of it to prevent another from committing (in the future) or continuing to commit an offence in connection with that drug. E.g parent finds a child in possession of something and takes all reasonable steps to destroy that drug
Knowing or suspecting it to be a controlled drug and took possession of it to deliver it into the custody of a person lawfully entitled to take custody of it ie to a police officer
Supplying explained
The person whom the drug is given to must derive some benefit from being given the drug
Physical element of possession
This involves proof that the thing is in the custody of the defendant or anything that is subject to their control which is in custody of another
Mental element of possession
The defendant knows that the thing in question is under his/her control
Supplying a controlled drug
Section 4
An offence to supply or offer to supply a controlled drug to another
To be concerned in the supplying of such drug
To be concerned in the making to another
Aggravating factors to supplying a controlled drug
Offence was committed on or in the vicinity of school premises and any time when the school premises are in use by people under the age of 18
AND
the offence used a courier and at the time of the offence was under age of 18
What does cultivation mean
Need to show some sort of element of attention ie watering
Community protection notices
Provides powers allowing the police to close premises where drugs offences take place
Travel restriction orders
This imposes travel restrictions on offenders convicted of drug trafficking offences. It prohibits offenders from leaving the UK at any time during their release from custody. Minimum period is 2 years and there is no maximum period and they must have a single sentence of 4 years or more to impose such restriction
Groups of people exempt from drug offences
Police officers, postal workers, pharmacist workers, laboratory workers, customs officers