Drugs Flashcards
What is the definition of a prohibited drug under the DMTA 1985?
Any substance, other than a prohibited plant, specified in Schedule 1 of the DMTA
s.3 Drug Misuse and Trafficking Act 1985 - Definitions
“Prohibited Drug”
What is the definition of a prohibited plant under the DMTA 1985?
- A cannabis plant
- Genus Erythroxylon species (cocaine)
- Papaver Somniferum / Orientale (opium poppy)
s.3 Drug Misuse and Trafficking Act 1985 - Definitions
“Prohibited Plant”
————————————————————————–
A cannabis plant cultivated:
by enhanced indoor means or,
by any other means
Any growing plant of the:
Genus Erythroxylon species (cocaine)
Papaver Somniferum / Orientale (opium poppy)
• Any growing plant of a description specified in an order in force under subsection (2)
What is the definition of a cannabis plant under the DMTA 1985?
Means any growing plant of the genus Cannabis
What is the difference between a prohibited plant and drug? (E.g Cannabis as a plant or as a drug)
The plant is growing / capable of continuing to grow - Has intact root ball
What is Schedule 1 of the DMTA 1985?
List of all prohibited plants or prohibited drugs and their quantities;
Under schedule 1 of DMTA, what are the different quantities specified? (e.g. small, trafficable…)
Small
Traffickable
Indictable
Commercial
Large commercial
What division / section of the DMTA are the summary offences located?
Division 1 / s.9 DMTA - Summary prosecution (“small quantities”)
An offence under this Division shall be prosecuted summarily before the Local Court.
What division / section of the DMTA are the indictable offences located?
Division 2/ s.22 DMTA - Indictable prosecution (emphasis on offences of manufacture and supply)
Subject to the provisions of this Division and the Criminal Procedure Act 1986, an offence under this Division is to be prosecuted on indictment.
What are the 3 types of drug pharmacology?
3 Main Types of Drugs (SDH)
Stimulants
Depressants
Hallucinogens
What are some examples of Stimulants?
Stimulants - Esctasy / Speed / Methamphetamine (Ice) / Crystal Meth / Cocaine
What are some examples of Depressants?
Depressants - Cannabis (CBD etc.) / Heroin / Morphine / Codeine / Inhalants
What are some examples of Hallucinogens?
Hallucinogens – LSD / Psilocybin (Magic Mushrooms) / Ketamine
What do Stimulants, Depressants, Hallucinogens do to a persons brain activity and CNS?
Stimulants - Stimulate the brain and CNS = Speeds communication between the two. Usually increase alertness and physical activity
Depressants - Slows down brain activity and CNS = slows communication between the two
Hallucinogens - Interferes with brain and CNS = distorts persons perception of reality. Images, sounds, sensations experienced but not actually existing
What are the consequences of drug and alcohol abuse? Give some examples
INDIVIDUAL:
Health implications (both mental and physical)
Loss of employment, deterioration of relationships
Inability to maintain normal lifestyle
Financial loss.
SOCIAL:
Increase in crime (particularly those related to assaults, property theft and drug manufacturing/ trafficking/ selling)
Financial loss within communities,
Loss of productivity for organisations.
FINANCIAL:
Cost to health and emergency services that deal with the outcome of substance abuse.
LEGISLATIVE:
Changes to laws restricting behaviour
Cost of enforcement and prosecution.
What is the relationship between drug use and crime in communities?
Prolonged drug use can lead to criminal activity to support an addiction e.g. break and enter offences or armed robbery, in an attempt to access money.
Some drug users resort to the supply of drugs, which is an offence
The sale/supply of drugs is a lucrative (albeit illegal) business and, in order to protect their business, suppliers may resort to means of protection through firearms
What are the issues police face when dealing with drugs and alcohol abuse?
Both cause problems for society and the police.
Different illegal drugs may be more or less prevalent in specific types of criminality,
e.g. Methamphetamine is the drug most synonymous with psychosis and violent outbursts.
Effect of a drug can cause an individual to react differently when interacting with police.
Dealing with the impact of these substances in the community is resource intensive.
Emergence of new types of drugs has resulted in the introduction of new and amended legislation.
What is the NSW Police Force HARM MINIMISATION policy?
- SUPPLY REDUCTION
- DEMAND REDUCTION
- HARM REDUCTION
Supply reduction strategies:
Disrupt or reduce the production and supply of illegal drugs
Control, manage and / or regulate the availability of legal drugs
Demand reduction strategies:
Prevent or delay the uptake of alcohol, tobacco and other drug use
Reduce substance misuse and support
Help people to recover from dependence and reintegrate with the community
Harm reduction strategies:
Reduce the adverse health, social and economic consequences of the use of alcohol, tobacco and other drugs.
What is the NSWPF Overdose Policy?
What does it encourage officers to do?
What does it encourage the ‘victim’ to do?
NSWPF Overdose Policy
Non-fatal drug overdose PO encouraged to use discretion to not take action for self-administration offences and minor possession offences (for the victim and anyone else at the scene)
Discretion might remove fear of prosecution
Encourage people present at overdoses to call for assistance without delay
Your primary role is to ensure the safety of ambulance officers, the victim and anyone else
What is the Needle and Syringe Program?
Needle and Syringe Program
Implemented to prevent the spread of blood-borne diseases such as HIV/AIDS and Hepatitis between injecting drug users.
Education and information: is available to assist injecting drug users reduce their risks of disease, bacterial infection and other illnesses.
Referral: to drug treatment, medical care, legal and social services.
Can we charge people for s.11 DMTA - Possession of Equipment for administering drugs in regard to HYPODERMIC NEEDLES?
NO - The needle and syringe program is the reason why you cannot prosecute those in possession of hypodermic needles for the offence of Possession of Equipment for administering drugs under s.11(1a) DMTA 1985
What are the containers called in the Needle and Syringe Program? What is inside them?
Fit Packs
Contain needles, alcohol swabs, and plastic spoons
Free unless in vending machine / pharmacies
Exchange needles for free
Can we use the colloquial terms for drugs in court documents?
Colloquial Terms For Drugs
Common usage words associated with street culture, youth culture or drug culture cannot be accepted. Must clarify (eg: ‘H’ is heroin)
What is the caution we use that allows officers to use discretion when dealing with minor cannabis offences?
Cannabis Cautioning Scheme (CCS)
Gives PO discretion to formally caution instead of charge offenders for minor cannabis matters
Allows PO to assist offenders to consider legal / health / social consequences of cannabis use and to seek treatment / support
What is the acronym for the Cannabis Cautioning Scheme?
USCAN CAUTION
U - Under 15 grams
> Applies to DRIED cannabis only
> Applies to possess prohibited / administer / possess equipment
S - Sufficient evidence exists
>Establish prima facie case / FAILURE = FSCAN
C - Consent to caution/sign caution
> Prepared to follow through with requirements /
OTHERWISE = CAN FSCAN FCAN
A - Admits to the offence
> Caution and interview to establish prima facie case
N - No other offences involved for which a brief needs to be submitted
C - Cannot request/demand
A - Appropriate in the circumstances
> Based on CNI results / Big picture circumstances
U - Use is for personal
Extra baggies? Err on side of caution / Or appropriate to charge for supply prohibited drug
T - Two cautions maximum
I - Identification is confirmed
O - Over 18 years of age
N - No priors for Sex, Drugs, Violent offences (other then 1st caution)s
(CCS is diversionary method for court system_
What is s.10 of the DMTA 1985?
Possession of prohibited drugs
What are the elements of ‘Possession of prohibited drugs’?
- The accused
- Had his/her possession (KNOWLEDGE CUSTODY AND CONTROL)
- A prohibited drug
- MUST* prove knowledge (Mens Rea) + at least de-facto control (Actus Reus)
What section covers ‘Possession of prohibited drugs’?
s.10 DMTA 1985
What is s.11 of the DMTA 1985?
Possession of equipment for administration of prohibited drugs
What are the elements of ‘Possession of equipment for administration of prohibited drugs’?
- The accused
- any item of equipment for use in the administration of a prohibited drug
- had in his/her possession
Does not include hypodermic needles or syringes
MUST prove it is intended for future use
Already used is insufficient
What section covers ‘Possession of equipment for administration of prohibited drugs’?
s.11 DMTA
What is s.12 of the DMTA 1985 ?
Self-administration of prohibited drugs
What are the elements?
- The accused
- Administered or Attempted to administer to him/herself
- A prohibited drug
What section covers ‘Self-administration of prohibited drugs’?
s.12 DMTA
What are the three types of possession under s.7 DMTA 1985?
3 Types of Possession
Exclusive (sole) possession - Physical charge of item (in a pocket). Or where nobody else can exercise control (in a locker with owner having the only key)
De-facto possession - Item is placed where another person may accidently find it (secreted in a roof of parent’s house). Almost a defence to possession, another person may have accessed it.
Joint possession - Agreement between 2 or more people to be in custody of the item with common purpose.
DMTA - What is Exclusive (sole) possession?
Exclusive (sole) possession - Physical charge of item (in a pocket). Or where nobody else can exercise control (in a locker with owner having the only key)
DMTA - What is De facto possession?
De-facto possession - Item is placed where another person may accidently find it (secreted in a roof of parent’s house). Almost a defence to possession, another person may have accessed it.
DMTA - What is joint possession?
Joint possession - Agreement between 2 or more people to be in custody of the item with common purpose.
What is the concept of HE KAW TEH?
Knowledge (Mens Rea) and Control (Actus Reus)
What is an admixture?
What section of the DMTA is it?
s.4 DMTA 1985 - Admixtures
a reference to a prohibited drug includes a reference to any preparation, admixture, extract or other substance
the total weight of the drug includes the substance it may be ‘cut’ with e.g. baby powder, icing sugar, herbs, washing detergent.
What is the meaning of ‘take part in’ (s.6 DMTA 1985)
Takes, or participates in, any step, or causes any step to be taken;
In the process of that cultivation, manufacture, production or supply.
Provides/arranges finance for any such step in that process
Provides the premises in which any such step is taken, or permits it if owner
What is s.23 of the DMTA 1985?
Cultivate and Supply Prohibited Plant
What are the elements of ‘Cultivate and Supply Prohibited Plant’ ?
The accused
Knowingly take part
In the cultivation
Of a prohibited plant
**CHECK FULL LEGISLATION
What section covers ‘Cultivate and Supply Prohibited Plant’?
s23 - DMTA
Define ‘cultivate’
Sow/scatter the seed produced by the plant or,
Plant, grow, tend, nurture or,
Harvest the plant.
Define ‘cultivation by enhanced indoor means’
Cultivate, inside a building or structure:
Nurture in nutrient enriched water
Application of artificial light or heat
Suspending the plants roots and spraying them with nutrient solution.
What is s.24 of the DMTA 1985?
Manufacture and production of prohibited drugs
What are the elements of ‘Manufacture and production of prohibited drugs’?
The accused
Manufactures / produces or, Knowingly takes part in manufacturing / producing
A prohibited drug
(Indictable drug offence)
What section covers ‘Cultivate and Supply Prohibited Plant’?
s.24 DMTA
Define manufacture
The process of extracting or refining the prohibited drug.
What is s.25 of the DMTA 1985?
Supply of prohibited drugs
What are the elements of ‘Supply of prohibited drugs’?
The accused
Supplied or, Knowingly takes part in the supply of
A prohibited drug
(Indictable drug offence)
What section covers ‘Supply of prohibited drugs’?
s.25 DMTA
Define supply
Sell, distribute, agreeing to supply, offering to supply, keeping or having in possession for supply
Sending, forwarding, delivering or receiving for supply
Authorising, directing, causing, suffering, permitting or attempting any of those acts or things
What is s.29 of the DMTA 1985?
Traffickable quantity - possession taken to be for supply
What are the elements?
The accused
Has in their possession
An amount of a prohibited drug that is traffickable quantity or higher (“deemed supply”)
Unless the accused proves:
they had possession of drug for reasons other than supply or,
they obtained possession with a prescription of a doctor, nurse, midwife, dentist or vet.
(Indictable drug offence)
What section covers ‘Traffickable quantity - possession taken to be for supply’?
s.29 DMTA
What is s.40 of the DMTA 1985?
s.40 DMTA - Effect of certain representations
A substance (not being a prohibited drug) which, for the purpose of being supplied, is represented (whether verbally, in writing or by conduct) as being a prohibited drug is deemed to be a prohibited drug (Schedule 1)
“” Schedule 9
‘’” Growing plant
““Psychoactive substance
Explained
If a person sells a substance and represents the substance, by any means, as a prohibited drug, at law, the seller is deemed to have supplied a prohibited drug.
The person who purchases the substance, although believing it to be the purported drug, has not committed an offence unless the substance is listed in the Drug Misuse and Trafficking Act 1985 (NSW), Schedule 1.
What is ‘Effect of certain representations’?
If a person sells a substance and represents the substance, by any means, as a prohibited drug, at law, the seller is deemed to have supplied a prohibited drug.
But:
The person who purchases the substance, although believing it to be the purported drug, has not committed an offence unless the substance is listed in the Drug Misuse and Trafficking Act 1985 (NSW), Schedule 1.
What section covers ‘Effect of certain representations’?
s.40 DMTA
What are our 2 search powers in relation to drugs?
s.21(1)(d) LEPRA - Power to Stop, Search, Detain Persons and Seize Things
If PO suspects on reasonable grounds the person has:
P - Prohibited plant or drug
s.36(1)(e) LEPRA - Power to Search Vehicles and Seize Things
If PO suspects on reasonable grounds the vehicle or its occupants:
P - In possession of a Prohibited plant or drug
