Drugs Flashcards
To be in possession of a controlled drug, does that make you automatically guilty of an offence?
NO, there are defenced available. There are TWO types of question in the exam, so be careful what is being asked of you.
Does the defendant have to have knowledge that the substance is a controlled drug to be in Possession?
No.
What does the term ‘Possession’ mean? (2 Answers)
- In their Custody (Physically on them)
OR - In their control (Not physically on them)
If someone is in possession of a controlled drug so minuscule, they could not be aware of it’s presence, would they be in possession of the drug?
No - The quantity must be visible, tangible and measurable.
If the accused believes they are in possession of baking soda, but it is actually cocaine, prevent them from being in possession of it?
No.