Lesson 8.3 - Controlled Drugs

Question 1

What are the common offences in the MDA 1971

Answer 1

• Production and Supply s4(1)
• Production of a controlled drug s4(2)
• Concerned in the supply/sale of a controlled drug S4(3)
• Unlawful Possession S5(1 & 2)
• Possession of a controlled drug with intent s5(3)

Question 2

What is the statutory defence for the MDA 1971 offences?

Answer 2

If the person can prove to the court that:

• Suspecting it to be a controlled drug, they took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug (parent or teacher), and
• As soon as possible after taking possession of it they took all such steps as were reasonably open to them to destroy the drug or to deliver it into the custody of a person lawfully entitled to possess the drug

Question 3

Who has lawful possession?

Answer 3

• Doctors
• Vets
• Dentists
• Chemists
• Police Officers (in the executin of duty)

Question 4

How long can a Temporary Class Drug Order last for?

Answer 4

For a maximum period of 12 months but may end sooner if the Order is revoked or the drug is added to the list of Class , B or C drugs

Question 5

What are the powers of search?

Answer 5

S23 MDA 1971 stipulates that if a Constable reasonably suspects a person is in possession of a controlled drug, they may without warrant

• Search that person and detain them for that purpose
• Search any vehicle or vessel in which you suspect that the drugs may be found and for the purpose of that search require the person in charge of the vehicle or vessel to stop it
• Seize and detain anything found in the course of the search, which appears to be evidence of a drugs offence