Misuse Of Controlled Drugs Act 1975 Flashcards
What is Section 7?
Possession or Use of a controlled drug.
Procure, possess or consume or smoke or otherwise use; any drug
What three things are you required to prove for a charge of possession of a controlled drug?
Possession
Knowledge
Useable quantity
What is Section 9?
Cultivation of prohibited plants
What class drug is cocaine?
A
How do you prove the act of cultivation of prohibited drugs?
The person must have competed an act that promoted germination/growth
The person must have known prohibited
What is Section 12?
Permits use of premises or vehicles
What must you prove to prosecute under section 12?
That they knowingly permitted the other person
What is Section 13?
Possession of instruments
What’s a legal defence against Section 13?
It’s an ornament of it’s obtained from an authorised outlet ie. a needle
What’s Section 12A?
Possession of equipment, material, substances
Or [PRECURSOR SUBSTANCE]
What class drug is morphine?
B
What class drug is heroine?
A
What is “Ideal possession”?
- complete physical control over the thing
- knowledge of its existence, situation, qualities
- the thing is received from a person who intends to confer possession of it
- the thing is held with the intention to possess it exclusively of others
What are the three powers we have under search and serveillance act in regards to drugs?
Section 20 - places and vehicles
Section 21 - persons in relation to S20
Section 22 - persons in a public place
How many grams of mdma is considered to be in possession of drug?
56g