Drugs Legislation Flashcards
What are Classified drugs?
These drugs are considered drugs which are dangerous and are ranked A, B & C.
The higher the class the more dangerous they are considered. This is governed under the medicine act based on there side effects and the effects they have on society overall.
Class A- Mostly dangerous
Class B- Moderately dangerous
Class C- least dangerous
All of the drugs are controlled under medicines act, however, some controlled drugs can be classified drugs that then fall under the misuse of drugs act1971.
Class A- Opiates
Class B- Ketamin
Class C- Diazepam/ Methadone/GHB-Anestetic
What is a temporary classification?
A temporary classification can be put in place for up to 12 months if certain conditions are met. This can include an old drug with a change of ingredient or a new invented drug.
1. The drug us being or likely to be misused
2. The misuse is having or is capable of having a harmful effect
Who is authorised to carry drugs?
- Pharmacist
- Police Officer
- Dentist
-Doctors - Courier Services
- A relative or carer on behalf of someone else
S5 (2) 1971- to prove simple possession. What is possession?
Possession is the unlawful
- Physical control or custody
- Mental Knowledge of possession
Of a specified Class Drug (A-C).
If its a temporary class’s drug this is not an offence.
Defences include
1. When a person possesses them to deliver them into custody of a person lawfully entitled
2. When a person possesses them to destroy it
What is Supply?
Supply is a transfer of physical control from one person to another - the person who is given the drug must derive some benefit from the drug
What is an offer to supply?
Offer to supply must be words or conduct. The offence is committed even if the offer wasn’t genuine
What is a concerned in the supply of drugs?
A person who has an identifiable role in the supply of controlled drugs
What is concerned in the making to another to supply such a drug?
A person who has an identifiable role in the offer to supply a controlled drug. Not the person offering to supply.
Possession with intent to supply 5(3)- Drug Dealers
-Controlled drug
-Possession
- Intent to supply- at some point in the future the person had the inent to supply the drugs
- Must show intention for every individual involved
- Doesn’t have to prove supply has happened it just needs signs to suggest
PWITS- Posession with intent to supply
Production of a controlled drug 4(2)
A) To produce a controlled drug
Production- converting one form of class A drug into another
Harvesting- cutting & stripping cannabis plants
B) to be concerned in the production of drugs- requires evidence that the accused played an identifiable role in the production
Cultivation if Cannabis S6 (1-2) The Misue of Drugs Act 1971
1) subject to any regulations under section 7 (defbces) shall not be lawful for a person to cultivate any plant or genus cannabis
2) Don’t have to prove that the defendant knew it was cannabis
3) You just have to prove that they cultivated it and that it is cannabis
S28- defence (possible)
Applies to offences of
- Unlawful production S.4 (2)
3 distinct situations
1) Lack of knowledge by the defendant of some facts which is alleged by the prosecution
2) a general lack of knowledge about the drug in question
3. A condition belief about the drug in question (accidental prescription believed they had the right thing)
S23 Misuse of drugs act 1971?
1)Power to lawfully search and detain
2)Search any vehicle
3)Seize and detainee
What is the psychoactive substance Act 2016?
This act covers drugs which have an effect on the brain. It is not illegal to possess a psychoactive substance. However it is illegal to supply them or produce them.
Substances include balloon cannisters,
What is the psychoactive substance Act 2016?
This act covers drugs which have an effect on the brain. It is not illegal to possess a psychoactive substance. However it is illegal to supply them or produce them.
Substances include balloon cannisters,
