Drugs: Powers//Offences

Question 1

5 Categories of offences

Answer 1

Offences in the Act are divided into five main categories:
• dealing
• possession
• cultivation
• possession of instruments
• permitting premises to be used.

Question 2

First Schedule

Class A

Answer 2

Methamphetamine ‘P’ ‘ice’
LSD (lysergide)
Mescaline
Heroin
Thalidomide
Cocaine
PCP
Psilocybine ‘mushroom’

Question 3

Second Schedule

Class B

Answer 3

Morphine
Opium
Methadone
Amphetamine
Pethidine
Cannabis resin
Cannabis oil
MDMA ‘ecstasy’
MSTs
GHB (Fantasy) and GBL

Question 4

Third Schedule

Class C

Answer 4

BZP
Cannabis fruit
Cannabis leaf
Cannabis seeds
Coca leaf
Codeine

Question 5

Fourth Schedule

Class C

Answer 5

Psuedoephedrine / Ephedrine

Question 6

Section 6

Except for authorised people or pursuant to a licence under this Act, no person shall:

Answer 6

• import/export/produce or manufacture, or
• sell/supply or administer to any person, or
• have in their possession with intent to supply or administer any controlled drug.

Question 7

Presumption of possession for supply

The following amounts are regarded as an indication of “possession for supply”:

Answer 7

Presumption of possession for supply
The following amounts are regarded as an indication of “possession for supply”:

• 0.5g of cocaine or heroin
• 5g of morphine
• 5g of methamphetamine
• 56g of other controlled drug
• 100 cannabis cigarettes
• 28g of cannabis.

Question 8

What you need to prove for a prima facie case?

Answer 8

1. Possession That the person was in possession of the
   controlled drug; ie able to exercise some form of
   control over it
2. Knowledge That they knew what the controlled drug was or that it was a controlled drug of some type, and
   that it was in their possession.
3. Usable quantity That the amount of the drug was enough to be usable.

Question 9

Questions to show knowledge?

Answer 9

Ask questions such as:
• What is it? (If you do not know what it is ie white powder.)
• Whose is it?
• Why have you got it?
• What do you do with it?

Question 10

Procure
OR Possess
OR Consume
OR Smoke
OR Otherwise use

Answer 10

Means to purchase or obtain.
Knowingly has in their possession or under their control, a usable quantity.
Ingest (eat or drink).
Inhale smoke.
Use of a drug in any manner whatsoever other than above

Question 11

Any controlled drug

Answer 11

Any drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975.

Question 12

1) Cultivates

2) A prohibited plant

Answer 12

1) To grow or germinate (includes to sow or plant).

2) Any prohibited plant listed in section 2 of the Misuse of Drugs Act 1975.