Legislation - Drugs

Question 1

Section 5(1) Misuse of Drugs Act 1971: Possession

Answer 1

… it shall not be lawful for a person to have a controlled drug in his possession.

Question 2

Section 5(3) Misuse of Drugs Act 1971: Possession

Answer 2

… it is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another…

Question 3

Section 4(3)(a) Misuse of Drugs Act 1971: Supply

Answer 3

… it is an offence for a person to supply or offer to supply a controlled drug to another …

Question 4

Section 4(3)(b) Misuse of Drugs Act 1971: Supply

Answer 4

… It is an offence for a person to be concerned in the supplying of such a drug to another …

Question 5

Section 4(3)(c) Misuse of Drugs Act 1971: Supply

Answer 5

… it is an offence for a person to be concerned in the making to another … An offer to supply such a drug.

Question 6

Section 4(2)(a) Misuse of Drugs Act 1971: Production

Answer 6

… it is an offence for a person to produce a controlled drug …

Question 7

Section 4(2)(b) Misuse of Drugs Act 1971: Production

Answer 7

… it is an offence for a person to be concerned in the production of such a drug …

Question 8

Section 6(1) Misuse of Drugs Act 1971: Production

Answer 8

… it shall not be lawful for a person to cultivate any plant of the genus Cannabis.

Question 9

Section 8 Misuse of Drugs Act 1971: Premises Occupier Offences

Answer 9

A person commits an offence if, being the occupier or concerned in the management of any premises, he knowingly permits or suffers any of the following activities to take place on those premises, that is to say -

(a) producing or attempting to produce a controlled drug…
(b) supplying or attempting to supply a controlled drug to another … Or offering to supply a controlled drug to another;
(c) preparing opium for smoking;
(d) smoking cannabis, cannabis resin or prepared opium

Question 10

Section 9a Misuse of Drugs Act 1971:

Answer 10

(1) A person who supplies or offers to supply any article which may be used or adapted to be used or adapted to be used, whether by itself or in combination with another article or other articles, in the administration by any person of a controlled drug to himself or another, believing that the article, or the article as adapted, is to be so used in circumstances where the administration is unlawful, is guilty of an offence.
(2) it is not an offence under … To supply a hypodermic syringe, or any part of one.
(3) A person who supplies or offers to supply any article which may be used to prepare a controlled drug for administration by any person to himself or another believing that the article is to be used in circumstances where the administration is unlawful is guilty of an offence.

Question 11

Section 23 Misuse of Drugs Act 1971:

Answer 11

A person commits an offence if he -

(a) intentionally obstructs a person in the exercise of his powers under this section; or
(b) conceals from a person acting in the exercise of his powers under subsection(1)… Any such books, documents, stocks or drugs as are mentioned in that subsection; or
(c) without reasonable excuse proof of which shall lie on him, fails to produce any such books or documents as are so mentioned where their production is demanded by a person in the exercise of his power under that subsection.

Question 12

Psychoactive Substances Act 2016

Answer 12

The Act makes it an offence to produce (s4), supply (s5(1)), offer to supply (s5(2)), possess with intent to supply (s7), possess on custodial premises (s9), import (s8(1)) or export (s8(2)) psychoactive substances.