Misc Offences Flashcards
Section 9 Misuse of Drugs Act 1975
Outlines the offence of cultivating prohibited plants
MODA 1975 Section 9(1) & (2)
(1) Except pursuant to a licence under this act, or as otherwise permitted by regulations made under this act, no person shall cultivate any prohibited plant.
(2) Subject to subsection (4) of this section, every person who contravenes subsection (1) of this section commits an offence against this act and is liable on conviction to imprisonment for a term not exceeding 7 years
Section 12 Misuse of Drugs Act 1975
Outlines the offence of allowing premises or vehicles to be used for the purposes of the commission of an offence against the MODA 1975
MODA 1975 Section 12(1)
Every person commits an offence against this act who knowingly permits any premises or vehicle to be used for the purpose of the commission of an offence against this act
MODA 1975 Section 12(2)
Every person who commits an offence against this section is liable on conviction to imprisonment for a term -
(a) Not exceeding 10 years where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed
(b) Not exceeding 7years where paragraph (a) of this subsection does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed
(c) Not exceeding 3 years in any other case
MODA 1975 Section 16 (possibly obsolete?)
The offence of obstruction in the MODA relates specifically to obstructing anyone who is executing powers pursuant to the Misuse of Drugs Act 1975
Class A Controlled Drugs
Schedule 1
Cocaine, Heroin, (LSD) Lysergide, Methamphetamine, Psilocybine (found in magic mushrooms)
Synthetic - AMB-FUBINACA & 5F-ADB
Class B Controlled Drugs
Schedule 2
Amphetamine, Cannabis Preparations (hashish / Resin & oil), MDMA(ecstasy), Morphine, Opium, GHB(Fantasy), Ephedrine, Pseudoephedrine
Class C Controlled Drugs
Schedule 3
Cannabis plant, seeds. Benzylpiperazine(BZP), Controlled drug analogues