Miscellaneous Offences (Cultivating Plants, Allow Premises and Needles)

Question 1

What are the Elements and Section for Cultivating Prohibited Plants?

Answer 1

Section 9(1), MODA 1975

• No person shall
• Cultivate
• Any prohibited plant

Question 2

What are the Elements and Section for Allowing Premises or Vehicle to be used?

Answer 2

Section 12(1), MODA1975
* Every person
* 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.

Question 3

What are the Elements and Section for Obstructs?

Answer 3

Section 16, MODA 1975
* A person
* 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.

Question 4

Discuss the Medicines Act.

Answer 4

Often when search warrants are executed, Police find prescription medicines or medications that are in unnamed or unlabeled bottles or packets. You should be aware that there are offences relating to prescription medicines under the Medicines Act 1981, in particular sections 43, 44 and 45.

Question 5

Is possessing a needle an offence?

Answer 5

Possession of a needle per se is not an offence, but will become so if the syringe contains a useable amount of a controlled drug. An offence is being committed in respect of the drug ie possession.

Question 6

Is there a defence for Cultivating Prohibited Plants?

Answer 6

It is a defence if the person can prove the plant was a species of Papaver Somniferum. That its not intended to be a source of CD or developed as a strain from which a CD can be produced.

Question 7

Summary of Miscellaneous Offences

Answer 7

• It is an offence against s9 of the Misuse of Drugs Act 1975 to cultivate a prohibited plant.
• The offence of allowing premises or vehicles to be used in the commission of offences against the Misuse of Drugs Act 1975 are contained under section 12(1) of the Act.
• There is a specific offence of obstruction under s16 of the Misuse of Drugs Act 1975.
• Offences relating to prescription medicines are contained in the Medicines Act 1981.
• Offences relating to needles and syringes are contained in the Health (Needles and Syringes) Regulations 1998.