DRUGS DEFINITIONS

Question 1

DEFINITION FOR ‘CONTROLLED DRUGS’

Answer 1

Means any substance, preparation, mixture, or article specified or described in schedule 1,2 or 3.

Question 2

CLASS A controlled drugs

Answer 2

• Cocaine
• Heroin
• LSD
• Meth
  magic mushrooms

Question 3

WHEN IS THE OFFENCE OF PRODUCE OR MANUFACTURE COMPLETE

Answer 3

The offence is complete once the prohibited substance is created, whether or not it is in a usable form

Question 4

Drugs and thier presumptive amounts:
Schedule 5

Answer 4

Cannabis plant - 28grams or 100 cigarettes or more
Cannabis oil - 5g
Cannabis resin - 5g
MDMA - 5g or 100 flakes, tablets
Meth - 5g
LSD - 2.5mg or 25 flakes
Cocaine - 0.5g
Heroin - 0.5g

This amount or over = ‘supply’

Question 5

POSSESSION CAN BE PROVED BY

Answer 5

Two elements:
Physical element - Actual or potential physical custody or control
Mental element - knowledge and intention

R V COX

• knowledge that the drug exists
• knowledge that it is a controlled drug
• some degree of control over it
• An intention to possess it

Question 6

PRODUCE

Answer 6

Produce means to bring something into being or bring something into existence from its raw materials or elements

Compound and production has a corresponding meaning.

You produce cheese from milk
Produce Orange juice from oranges
Produce oil from a cannabis plant

R V RUA process

Question 7

MANUFACTURING

Answer 7

Is the process of synthesis combining components or processing raw materials to create a NEW substance (ingredients to bake a cake)

Offence is complete once the substance is created.

Question 8

Section 6(6)

Answer 8

Under 6(6) people in possession of controlled drugs over certain amounts are considered to have possession of those drugs for the purpose of supply, unless they can prove otherwise.

Question 9

OFFERS

Answer 9

The act of arousing another persons interest or tempting them in the drug.

Prosecution must prove two elements:
- the communicating of an offer to supply or administer the drug (actus reus)
- An intention that the other person believes the offer to be genuine (men’s rea)

R V DURING an intimation by the accused that he is ready on request to supply that drug
R V BROWN intention that it should be understood as genuine is an offence.