Generic Drug Definitions

Question 1

Definition of a controlled drug

Answer 1

Controlled drug means any SPAM

Substance
Preparation
Article
Mixture

Specified or described in

Schedule 1, 2 or 3 of this act

And includes any controlled drug analogue.

Question 2

Definition of a controlled drug analogue

Answer 2

Section 2 defines it as any substances that has a structure substantially similar to that of any controlled drug

But excludes

any pharmacy-only, prescription or restricted medicine within the meaning of the medicines act 1981

Or approved product within the meaning of the psychoactive substances act 2013.

Question 3

Definition of Class A controlled drugs

Answer 3

Means the controlled drugs specified or described in schedule 1.

Their misuse poses a VERY HIGH RISK of harm to individuals and to society.

Examples:
Cocaine
Heroine
Lysergide (LSD)
Methamphetamine
Psilocybin (MM)

Question 4

Definition of Class B controlled drugs

Answer 4

Means the controlled drugs specified and described in schedule 2.

Their misuse poses a HIGH RISK of harm.

Examples: 
Amphetamine
Cannabis preparations (oil and hashish)
Ephedrine
GHB
MDMA
Morphine
Opium
Pseudoephedrine

Question 5

Definition of Class C drug

Answer 5

Means the controlled drugs specified and described in Schedule 3

Their misuse poses a MODERATE risk of harm.

Examples:
Benzylpiperazine (BZP)
Cannabis plant
Cannabis seeds
Controlled drug analogues

Question 6

Definition of guilty knowledge relating to controlled drugs

Answer 6

When the defendant must know that the substances was a controlled drug or had characteristics consistent with a controlled drug.

Guilty knowledge will be presumed in the absence of evidence to the contrary

Therefore it is up to the defendant to raise reasonable doubt as to their state of mind.

Question 7

CL: R v Strawbridge

Guilty knowledge defence

Answer 7

If the accused honestly believed on reasonable grounds that her act was innocent

then she is entitled to be acquitted unless the jury is satisfied beyond reasonable doubt that this was not so.

Question 8

CL: Police v Emirali

Usable quantity

Answer 8

The quantity of drug must be measurable and useable.

“The serious offence of… possessing a narcotic does not extend to some minute and useless residue of the substances.”

Question 9

Definition of Person

Answer 9

The offence is gender neutral

and the fact that the person supplied is a person

is generally accepted by judicial notice

Or proved by circumstantial evidence.

Question 10

Schedule 5

Presumptive amounts

Answer 10

Cocaine                 0.5grams 
Heroine                 0.5grams
Lysergide              2.5ml/25 tabs
Meth                      5 grams 
MDMA                   5 grams/100 tabs
Cannabis oil         5 grams
Cannabis plant    28 grams/100+ cigs                

Any controlled drug not specified in schedule 5 has a presumptive amount of 56 grams.