Drugs Flashcards
What are the 3 types of possession in relation to possession of prohibited drugs and plants?
- Exclusive (sole) possession - where only the person has control and access to the drug
(e.g. it’s on their person or in a locker only they have a key to) - De-facto possession - the drug is hidden in a place where the person can find it, but where other people might also accidentally find it
(e.g. hidden at back of sofa cushion) - Joint possession - two or more people are acting in concert to control the drug and stop others from accessing it
(e.g. it’s in person A’s locker and only person B has the key; both have joint possession here)
If a person is found to possess or supply a 1kg mixture of a prohibited drug that has been cut with other non-prohibited substances, how is this treated under the law?
Where in legislation is this issue addressed?
DMTA 1985 section 4 - admixtures states that for the purpose of the DMTA any preparation, admixture or extract some portion of which is a prohibited drug will be treated as though the entire thing was a prohibited drug
This means that the person would be treated as though they were possessing/supplying 1kg of the prohibited drug.
If a person pretends that a substance is a prohibited drug and tries to sell it to someone else, are they guilty of an offence?
Where in legislation is this stated?
The answer is yes - the person will be guilty of the same drug supply charge as if they had actually tried to sell the prohibited drug they were pretending to sell.
This comes from DMTA 1985 section 40 - Effect of Certain Representations which states that:
- A substance that is not a prohibited drug but is represented as being a prohibited drug for the purpose of being supplied will be treated as if it were the prohibited drug it was represented as
SECTION KNOWLEDGE TEST
What sections of legislation provide:
- the list of substances which are prohibited drugs
- rules for how to treat drug admixtures
- offence of possess prohibited drug
- offence of possess equipment to administer drug (e.g. ice pipe)
- offence of self-administer prohibited drug
- offence of cultivate/supply/possess prohibited plant
- offence of manufacture/produce prohibited drug
- offence of supply prohibited drug
- possession taken for supply
- effect of certain representations
All of these things are in the DMTA 1985:
Schedule 1 - the list of substances which are prohibited drugs
S4 - rules for how to treat drug admixtures
S10 - offence of possess prohibited drug
S11 - offence of possess equipment to administer drug (e.g. ice pipe)
S12 - offence of self-administer prohibited drug
S23 - offence of cultivate/supply/possess prohibited plant
S24 - offence of manufacture/produce prohibited drug
S25 - offence of supply prohibited drug
S29 - possession taken for supply
S40 - effect of certain representations
What are the elements of the offence of possess prohibited drug?
Where in legislation is this offence found?
DMTA 1985 s10
Elements:
- the accused
- has in his or her possessoin
- a prohibited drug
What are the elements of supply prohibited drug?
Where in legislation is this offence found?
DMTA 1985 s25
Elements:
- the accused
- knowingly took part in the supply of
- a prohibited drug
Supportind definition (DMTA s6): “take part in” includes:
- [actively take part in] taking part in any step, or causing any step to be taken, in the supply/cultivation of a prohibited drug or plant
- [provide finance] arranging for the financing for any step in the process of supply/cultivation
- [provide premises] providing the premises in which any step of the supply/cultivation process takes place, or permit any step to be taken in a premises you own/occupy
What are the elements of cultivate prohibited plant?
Where in legislation is this offence found?
DMTA 1985 s23
Elements:
1. the accused
2. cultivates or knowingly takes part in cultivation of prohibited plant
OR
supplies or knowingly takes part in supply of prohibited plant
OR
has prohibited plant in his or her possession
Supportind definition (DMTA s6): “take part in” includes:
- [actively take part in] taking part in any step, or causing any step to be taken, in the supply/cultivation of a prohibited drug or plant
- [provide finance] arranging for the financing for any step in the process of supply/cultivation
- [provide premises] providing the premises in which any step of the supply/cultivation process takes place, or permit any step to be taken in a premises you own/occupy
What does ‘deemed supply’ mean in terms of prohibited drug supply?
Where in legislation is this addressed?
DMTA 1985 s29 states that if a person is found to be in possession of an amount of a prohibited drug that is equal to or larger than a traffickable quantity, they will be deemed to have this for the purpose of supply unless they can prove this isn’t the case (onus is on them)
