Drugs Act 1975 Flashcards
Class A drugs
Heroin LSD Cocaine PCP Psilocybine mushrooms Mescaline Meth
Class B drugs
Cannabis Resin Cannabis Oil Opium Morphine MSTs MDMA Methadone Amphetamines
Class C drugs
Cannabis leaf
Cannabis Seed
Codeine
Ephedrine BZP
Define Possession
The person was in possession of the controlled drug = Able to exercise some form of control over it
Define Knowledge
They knew what the controlled drug was or that it was a controlled drug of some type and that it was in their possession.
Define usable quantity
That the amount of the drug was enough to be used.
Possession OR use of controlled Drugs
Misuse of Drugs Act 1975 Section 7(1)(a) and (2)(b) or (2)(a
Procure = Purchase or obtain OR Possess = knowingly has in their possession or under control a usable quantity OR Consume = Ingest OR Smoke OR Otherwise Use = Use of a drug in any manner whatsoever other than above
Cultivation of Prohibited Drugs
Misuse of Drugs Act 1975 Section 9(1) and 9(2
- Cultivates = To grow or germinate (Sow/plant)
- A Prohibited plant = Any prohibited plant listed in sec 2 of the misuse of Drugs Act 1975
Permits use of premise OR Permits use of vehicle
Misuse of Drugs Act 1975 sec 12(1) and 12(2)(a) or (2)(b
- Knowingly permits = Intentionally allows
Any premises
OR
Any motor vehicle
OR
Any other mode of conveyance
-To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975
To prosecute you must prove that the offender knowingly permitted another person to use either their vehicle or premises
Possession for supply 0.5G Cocaine or Heroin 5G Morphine 5G Meth 5G MDMA 100 cannabis cigarettes 28g Cannabis plant material
Search and Surveillance Act 2012
Section 20
Warrantless search of places and vehicles in relation to some misuse of Drugs Act 1975 offences:
If you have reasonable grounds to believe that in or on a place or vehicle there is
A controlled drug or precursor substance
AND you have reasonable grounds to believe that it is not practicable to obtain a warrant
AND you have reasonable grounds to suspect that in or on the place/vehicle an offence against the MODA 1975 has been, is being or about to be committed.
AND you have reasonable grounds to believe that if an entry and search i not carried out immediately evidential material relating to the suspected offence will be CADD.
Then you can enter and search without a warrant.
Section 21
Search and surveillance Act 2012
Warrantless searches of people fond in or on places or vehicles, you may detain, search and seize.
Section 22
Search and Surveillance Act 2012
Warrantless power to search for controlled drugs and precursor substances if offence suspected against MODA 1975. Then you may detain, search and seize.
