Misc Offences

Question 1

Cultivation of prohibited plants

Answer 1

Section 9 (1) of MODA1975

1. Anyone who
2. Cultivates
3. Any prohibited plant

Question 2

Allowing premises or vehicles to be used

Answer 2

Section 12 (1) of MODA1975

1. Anyone who
2. Knowingly permits
3. Any premises or any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance
4. To be used for the purpose of the commission of an offence against this act.

Question 3

Obstruction of officers

Answer 3

Section 16 of MODA1975

1. Anyone who
2. Wilfully obstructs, hinders, resists, or deceives
3. Any other person
4. In the execution of any powers conferred on that other person by or pursuant to this act.

The offence of obstruction in the MODA relates to obstructing anyone who is executing powers pursuant to the MODA 1975

Question 4

Possession of prescription medicines

Answer 4

Section 43 (1) of Medicines Act 1981

1. Anyone who
2. Without reasonable excuse
3. Imports, procures, receives, stores, uses, or otherwise has in his possession
4. Any prescription medicine

Question 5

Use or disposal of needles and syringes

Answer 5

Section 11 (1) of Health Regulations Act 1998

1. Anyone who
   (a) Offers to any other person, for use by that other person, a used needle or syringe; OR
   (b) Accept for use a used needle or used syringe; OR
   (c) Disposes of a needle or syringe in a public place

Possession of the needle per se is not an offence but will become so if the syringe contains a usable amount of a controllable drug. An offence is being committed in respect of the drugs I.e. possession

Question 6

Sale of needles or syringes

Answer 6

Section 12 (1) of Health Regulations Act 1998

1. Anyone who
2. Not being a pharmacist, a pharmacy employee, an approved medical practitioner, or an authorized representative
3. Sells or supplies, or attempts to sell or supply
4. A needle or syringe
5. To any other person
6. Who
   (a) Is not a pharmacist, a pharmacy employee, an approved medical practitioner, or an authorized representative; or
   (b) Is a pharmacist or pharmacy employee, who is prohibited under regulation 3 (2) from selling new needles and new syringes