Drugs

Question 1

What Act do we use ?

Answer 1

Misuse Of Drugs Act 1975

Question 2

What are the three classes of drugs in NZ ?

Answer 2

Class A
Class B
Class C

Question 3

What are some examples of Class A drugs ?

Answer 3

Heroin
LSD
Cocaine
PCP
Mushrooms
Methamphetamine

Question 4

What are some examples of Class B drugs ?

Answer 4

GHB/GBH
Methadone 
Amphetamines
MDMA ‘ecstasy’
MSTs
Morphine 
Opium 
Cannabis oil
Hash oil 
Cannabis resin 
Hashish

Question 5

What are some Class C drugs ?

Answer 5

Codeine 
Cannabis seeds
Cannabis leaf 
BZP (party pills) 
Ephedrine

Question 6

First schedule is Class ____ ?

Answer 6

Class A

Question 7

Second schedule is Class ____?

Answer 7

Class B

Question 8

Third schedule is Class ____?

Answer 8

Class C

Question 9

What amounts are regarded as an indication of “ possession for supply” ?

• Cocaine or Heroin
• Morphine
• Meth
• Other controlled drugs
• Cannabis cigarettes
• Cannabis

Answer 9

• 0.5g of Cocaine or Heroin
• 5g of Morphine
• 5g of Meth
• 56g of Other Controlled Drugs
• 100 Cannabis Cigarettes
• 28g of Cannabis

Question 10

What are the Elements of “Possession OR Use of Controlled Drugs” M.O.D.A 1975, Section 7(1)(a) & 7(2)(a) or 7(2)(b) ?

Answer 10

-Procure 
OR
Possess
OR
Consume
OR
Smoke
OR
Otherwise use
- Any Controlled Drug

Question 11

What do you need to prove for a Prima Facie case ?

Answer 11

• Possession
• Knowledge
• Usable quantity

Question 12

What are the elements of “Cultivation of Prohibited Plants” M.O.D.A 1975, Section 9(1) & 9(2) ?

Answer 12

• Cultivates

- A prohibited plant

Question 13

What are the elements of “Permits Use of Premises OR Permits Use of Vehicle” M.O.D.A 1975, Section 12(1) & 12(2)(a) or 12(2)(b) or 12(2)(c) ?

Answer 13

• Knowingly permits
• Any Premises
  OR
  Motor Vehicle
  OR
  other mode of conveyance
• To be used for the purpose of the commission of an offence against the M.O.D.A 1975

Question 14

What are the elements of “Possession of Instruments” M.O.D.A 1975 Section 13(1)(a) & 13(3) ?

Answer 14

• Has in his possession
• Any pipe
  OR
  Any utensil
• For the purpose of the commission of an offence against the M.O.D.A 1975

Question 15

What are the elements of “Possession of Instruments” M.O.D.A 1975 Section 13(1)(aa) & 13(3) ?

Answer 15

• Has in his possession
• Any syringe
  OR
  Any needle
• For the purpose of the commission of an offence against the M.O.D.A 1975

Question 16

What are the elements of “Possession of equipment, material, substances” M.O.D.A 1975, Section 12A(2)(a) OR 12A(2)(b) & 12A

Answer 16

• Has in his possession
• Any equipment or material capable of being used in, or for, producing or manufacturing a controlled drug or in the cultivation of a prohibited plant
  OR
  Any precursor susbstance
• With intent to use it for producing/manufacturing/cultivating a controlled drug

Question 17

What are the elements for supply ?

Answer 17

• Except for authorised people pursuant to a licence under this Act, no person shall:
• Import/Export/Produce or Manufacture, or
• Sell/Supply or administer to any person, or
• Have in their possession with intent to supply or administer

Question 18

What are our three Warrantless Search Powers ?

Answer 18

Section 20 - Enter and Search place, or vehicle, only when search warrant is impracticable and RGTB CADD will occur

Section 21 - Search people in a place or vehicle, while conducting a Section 20 search

Section 22 - Search person in a public place if RGTB drugs/precursors

Question 19

What are the elements of ideal possession ?

Answer 19

• Complete physical control over the thing
• knowledge of its:
  
  • existence
  • situation
  • qualities
• The thing is received from a person who intends to confer Possession of it
• The thing is held with the intention to possess it exclusively of others