Missuse Of Drugs Flashcards
What are temporary class drug orders?
A power by the Home Secretary to make any drug a controlled drug on a temporary basis.
This will last for up to 12 months
It will then fall under the same offence guidelines as other controlled drugs and all relevant offences can be committed EXCEOT for simple possession (but PWITS can still apply)
Maximum penalties include
- 14 years imprisonment and an unlimited fine on indictment
- 6 months imprisonments and a £5000 fine on summery conviction
What powers do officers have under temporary class drug orders?
Powers to detain and search anyone suspected of POSSESSION of such drug
To seize, detain and destroy any such drug
Arrest anyone who commits an offence or obstructs an officer in the excise of their power
What is cannabis?
Any part of the cannabis plant except for the following when separated from the plant…
- the mature stalk of the plant
- fibres made from the mature stalk of the plant
- seeds of the plant
- cannabis resin
Cannabis, cannabis resin, cannabis oil and any substances created from or containing these are all controlled Class B drugs
What is the physical element of possession?
Anything which under your custody or control. It is the physical part of the offence and includes where you have a drug on your person or where it is in a place you have control over (such as ordering a controlled drug online and it coming through your mailbox - it is under your control at that point)
What is the mental element of possession?
To possess something you have to know you have it. You don’t need to know what they are, just that you have taken something and are aware of it being in your control.
For the drugs act, you don’t need to know EXACTLY what it is, just that you know it’s a drug, even if it turns out to be a different drug. If you have no idea it is a drug (such as you think it is aspirin, etc) you can raise a defence against any offence but can still be arrested on suspicion because you are STILL IN POSSESSION.
If you are handed a container with SOMETHING in it, the knowledge that you have the container and that there is SOMETHING in it is enough to take possession. The quality or quantity of the thing inside is irrelevant to simply possessing it (think cigarette box with a joint in it - you knows there’s something in the box (cigarettes) so you are in possession of EVERYTHING on the box)
What is joint possession?
For this to occur you need to show that all persons involved in the defence had a right of say I’ve the drugs. Simple knowledge of the existence of drugs and being in the place they are is not enough to say you all have joint possession. If someone brings drugs into your home, even if you know/believe it’s happening and you consent to them using in your home, you cannot be drawn into possession over the drugs as you don’t have a right of say over what is to happen with them.
What is the required quantity of drugs required to support possession?
Anything…
- measurable
- visible
- tangible
What are the defences to possession of MAGIC MUSHROOMS (PSILOCIN)
The defence only applies to mushrooms brown WITHOUT CULTIVATION and
- if the landowner, who’s land they have grown on, picks them to bring them to someone lawfully able to take ownership of them as SOON AS PRACTICABLE
- picked by ANYONE in order to take them to someone lawfully able to take ownership of them or to destroy them as SOON AS PRACTICABLE
What are the defences to possession of a controlled drug?
That you took possession of it…
- knowing it was a controlled drug
- to prevent another commuting an offence
- continuing to commit and offence
- with that drug
…And as soon as possible after taking control of it took all reasonable steps to…
- destroy it (burying it is not sufficient - relying on nature or other forces to destroy will not do; YOUR ACT must destroy it)
- deliver it to someone who can take lawful custody of it (eg. police officer)
OR
That you took possession of it knowing it was a controlled drug and took as soon as possible took all reasonable steps to deliver it to someone who can lawfully take control of it (ONLY)
DURESS OF CIRCUMSTANCE IS NEVER A DEFENCE TO AN OFFENCE UNDER THE MISUSE IF DRUGS ACT
What is supplying drugs?
This is more than just a physical transfer; the person taking control must get some benefit from being given it.
So if A is a drug dealer who gives B drugs to JUST HOLD, there is no supply from A to B
If B intends to then return the drugs to A so that A can use or sell them on, B is guilty of PWITS
If A gives B money as payment to hold the drugs for him, he is guilty of PWITS (due to B now benefitting from taking possession of the drugs)
Even if someone is forced by duress to hold drugs temporarily with an intention to return or supply them on; they are still guilty. It is IRRELEVANT if they possess them voluntarily to not
If a group of people have a shared group of drugs and they divide them up for use amounts them, this will amount to supply
A police informer providing a controlled drug to another to have them arrested will still be supply.
Someone assisting in pushing the plunger on a syringe someone is already using is not supplying
What is the offence of supplying drugs?
Any person who…
- supplies to another
- makes an offer to supply to another
- concerns themselves in the supply of
- be concerned in making to another an offer to supply
…a controlled drug is guilty of an offence
- it does not matter if they cannot fulfil the offer to supply or even have the drugs, the offer is all that matters and the offence is complete at that time.
What are the aggravating factors in drugs offences?
A person aged 18 OR OVER commits an offence in the vicinity of a school premises during the relevant time. this means…
- any land used for the purpose of a school of children under 18 but NOT land used solely as a DWELLING (custodians residence)
- this includes routes taken by children to and from school and cafes or shopping centres on the route
- this includes areas school children congregate, even if trespassing
- the relevant time is 1 hour before school starts to 1 hour after it ends
ALSO
Anyone who uses a courier who is UNDER 18 to…
- deliver a co trolled drug to another
- deliver drug related consideration (money, goods, etc intended for use in supply) to them or a third person
What is the offence of PWITS?
Any person who has a controlled drug in their possession with intent to supply it to another
- the lawfulness of the possession is irrelevant; it is the legality of the supply; a pharmacist can lawfully posses a controlled drug but if they intent to give it to someone not entitled to it that would be PWITS
To charge multiple people with this offence you need to show all of them had the intention; not just that they were aware that one of them had.
It does not matter if someone thinks they are supplying a drug which turns out to be a different one, it still is an offence
Religious grounds for supply will still amount to an offence
You cannot be convicted of PWITS if the person you supply is in the same charge as you but you can to people connected to other charges with you that aren’t PWITS
What is the offence of supplying articles or the administration of drugs?
Any person who…
- supplies to another or
- offers to supply to another
- any article that can be used or adapted
- for use in the administration of a controlled drug
- to himself or another
- believing the article to be used where the administration is illegal
HYPODERMIC SYRINGES ARE EXEMPT FROM THIS
this includes anyone who…
- supplies or
- offers to supply
- any article for use in preparation of a controlled drug
- to himself or another
- where he believes the administration to be illegal
- administering to yourself includes with the assistance of another
What is the offence of production of a controlled drug?
It is an offence to produce a controlled drug or concerned in the production of a controlled drug
This includes…
- converting one controlled drug to another
- cutting or stripping cannabis plants
- adding bulking agents to the drugs
- it was viewed as not sufficient to say someone was concerned just because they allowed the use of their kitchen to do it
