Misue of drugs legislation Flashcards

1
Q

What are classified drugs?

A

Drugs that are subject tp the provisions of the misuse of drugs act 1971

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2
Q

How are drugs classified?

A

Drugs are classified by the potential effects on
person taking it
society in general

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3
Q

What are the defences yo possession section misuse?

A
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4
Q

What are examples of class a drugs?

A

Cocaine, ecstasy, crystal meth, methadone, heroin

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5
Q

what are examples of class b drugs?

A

Cannabis, resin, coedcdine, cannabis

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6
Q

what are the class c drugs?

A

Valium, GHB, khat (leaves of the shoots)

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7
Q

what are temporary drugs?

A

Known as controlled drugs/te,proary class under review by home s rotary
if causes danger
not under class, ab, c
due to new psychoactive drugs

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8
Q

What cant someone charge a temporary drug offence with?

A

cant use the offence of simple possession but can charge someone with possession with supply/prohibiton. Charge of 14 years imprisonment
6 months summarily

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9
Q

What is the lawPossession of a Controlled Drug Section 5(2) Misuse of Drugs Act 1971

A

It shall not be lawful for a person to have a controlled drug in his possession.

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10
Q

What does it mean to have law§fun authority?

A

police officer, constable in duty courier

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11
Q

what are th controlled drugs?

A

classified drugs, a and b and c

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12
Q

what is the meaning of possession?

A
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13
Q

What does possession have to have?

A

Have to have a physical element
and a mental elelmt (knowledge of possession)

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14
Q

What is the law of Supplying a Controlled Drug Section 4(3) Misuse of Drugs Act 1971

A

Subject to section 28 of this Act, it is an offence for a person—
(a) to supply or offer to supply a controlled drug to another in contravention of subsection (1) above; or
(b) to be concerned in the supplying of such a drug to another in contravention of that subsection; or
(c) to be concerned in the making to another in contravention of that subsection of an offer to supply such a drug.

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15
Q

what is the lawPossession with Intent to Supply 5(3) Misuse of Drugs Act 197?

A

Subject to section 28 of this Act, it is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of section 4(1) of this Act.
Intent to supply in the future
must show the intention would
If more than one person has it you must show

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16
Q

what is the lawProduction of a Controlled Drug 4(2) Misuse of Drugs Act 1971?

A

Subject to section 28 of this Act, it is an offence for a person—
(a) to produce a controlled drug in contravention of subsection (1) . . . ; or
(b) to be concerned in the production of such a drug in contravention of that subsection by another.
Converting one drug into another
Requires accused has an identifiable role in it
if it is someo1nes house but didn’t know not liable

17
Q

what are the general defences under section 28?

A

Lack of knowledge
General lack of knowledge about the drug

18
Q

what is the misuse drug act 23?

A

Any person is in possession of a controlled drug in contravention of this Act or of any regulations or orders made thereunder, the constable may:
(a) search that person, and detain him for the purpose of searching him;
(b) search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it;
(c) seize and detain, for the purposes of proceedings under this Act, anything found in the course of the search which appears to the constable to be evidence of an offence under this Act.