Miscellaneous Drugs Offences Flashcards
Section 9 of MODA75?
Liability
Penalty
Section 9: Cultivation of prohibited plants
no person shall, cultivate any prohibited plant.
7 years imprisonment
Defence to cultivation of a prohibited plant?
section 9(4):
if the person charged proves that the prohibited plant to which the charge relates was of the species Papaver somniferum
and that it was not intended to be a source of any controlled drug
or that it was not being developed as a strain from which a controlled drug could be produced
Section 12 of MODA?
Liability
Penalty
Section 12: use of premise or vehicle
Every person commit an offence against this Act who knowingly permits any premises or (any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance) to be used for the purpose of the commission of an offence against this Act.
Class A 10 years
Class B 7 years
3 years in any other case.
Section 16 of MODA75?
Section 16: obstruction of officers.
Every person commits an offence who wilfully obstructs, hinders, resists, or deceives any other person in the execution of any powers conferred on that other person by or pursuant to this Act.
Urlich v Police?
Obstruction of officers in MODA75
The ordinary meaning of obstruct is to impede or make difficult.
Obstruction will occur where the action complained of makes it more difficult for the police to carry out their duties.
Medicines Act 1981
When SW are executed, Police find prescription medicines that are unnamed or unlabelled, be aware that there are offences under the Medicines Act (sections 43,44,45)
Needles and Syringes
Relevant legislation found under Health (Needles and Syringes) Regulations Act 1998, sections 11 and 12.
Possession of a needle is not an offence per se, but will become so if the syringe contains a usable amount of a controlled drug. (offence committed in respect of possession of a drug)
