Drugs Flashcards
Unlawfully possession of drugs (sec 5(2) MDA 71)
Any person who has possession of a controlled drug -
Without lawful authority
Has knowledge that he/she has the substance
Commits an offence of unlawful possession
Unlawful supply (sec 4(3) MDA 71)
Unlawfully supply a controlled drug to another OR be concerned in the supply of such a drug to another, offer to supply a controlled drug to another or be concerned in the making of an offer to supply such a drug to another
Possession with intent to supply (sec5(3) MDA 71)
Have a controlled drug in their possession
Lawfully or not
Intent to supply unlawfully to another
Cultivating cannabis (sec 6(2) MDA 71)
Unlawfully cultivate any plant of the genus ‘cannabis’
Importation (sec 3 MDA 71)
Not an offence but a prohibition on the importation of controlled drugs without authority
Production of controlled drugs (sec 4(2) MDA 71)
To produce a controlled drug in contravention of subsection OR to be concerned in the production of such a drug
Points to prove for unlawful possession
They had it in their possession It was controlled Had no authority from docs etc They knew they had it They had reason to believe it was controlled
Statutory defences
They did not know they had it
They didn’t know it was controlled
They believed it was a drug they were entitled to have
They took it from someone to prevent them from hurting themselves or committing further offences
They were delivering it to a polsta or someone else
Drugs search powers (sec 23 MDA 71)
Power to search
If you had reasonable grounds to suspect that any person is in possession of a controlled drug. He may search him/her and detain for the purpose of that search or stop and search any vehicle or vessel where the drug is suspected to be and seize anything which appears to be evidence of an offence under the MDA 71.
2 types
Prescription and controlled
