Misuse of Drugs Flashcards
State some class A drugs
- Heroin
- Cocaine
- Methadone
- Ecstasy
- LSD
- Magic Mushrooms
- Methamphetamine
State some class B drugs
- Cannabis & Cannabis Resin
- Amphetamines
- Mephedrone
- Ketamine
- Barbiturates
- Synthetic Cannabinoids
State some class C drugs
- Khat
- Anabolic Steroids
- GHB
Define Section 5(2) Misuse of Drugs Act 1971
A person who has possession of a controlled drug without lawful authority and has knowledge that they have a substance, commits an offence of unlawful possession.
Explain the points to prove under Section 5(2) Misuse of Drugs Act 1971
- Possession - the accused had the substance in their possession (physical custody).
- Knowledge - the accused knew they had something in their possession and that something contained an item.
- Controlled drug - the substance was a controlled drug.
- Lawful authority - They had no authority such as a Doctor’s prescription to possess
State statutory defences for an offence under Section 5(2) Misuse of Drugs Act 1971
Section 5(4) Misuse of Drugs Act 1971 -
A person found to have unlawful possession of a controlled drug, has a defence if it can be proved that:
* The person took possession of the controlled drug to prevent another person:
- From committing, or continuing to commit an offence in connection with that drug AND as soon as possible after taking possession of the drug, they took all reasonable steps to destroy the drug OR deliver it into the custody of a person lawfully entitled to take custody of it
OR
-
The person took possession of the controlled drug for the purpose of:
- Delivering it into the custody of a person lawfully entitled to take custody of it AND as soon as possible after taking possession of the drug, they took all reasonable steps to deliver it into the custody of such person.
State general defences for an offence under Section 5(2) Misuse of Drugs Act 1971
Section 28 Misuse of Drugs Act 1971
* Lack of knowledge of the alleged fact
That they did not know the existence of the item
That they lacked suspicion of the item
That they had no reason to suspect the existence of the item
* Lack of knowledge of the controlled drug
That they did not believe or suspect it was a controlled drug
That they had no reason to suspect it was a controlled drug
* Belief that it was a drug he/she was entitled to produce, supply, and possess.
That they believed it was a controlled drug or a particular controlled drug
That they believed at the material time of his possession, he would not have been committing any offence to which this section applies
The onus to prove the above lies with the defendant.
Define Section 4 Misuse of Drugs Act 1971 (Supply)
It is an offence for any person to unlawfully:
Supply or offer to supply a controlled drug to another;
Be concerned in the supply of such a drug to another;
Be concerned in the making of an offer to supply a drug to another.
Define Section 5 (3) Misuse of drugs act 1971
It is an offence for any person to have a controlled drug in their possession, whether lawfully or not, with intent to supply it unlawfully to another.
Explain Section 5 (4) Misuse of drugs act 1971
A person found to have unlawful possession of a controlled drug, has a defence if it can be proved that:
* The person took possession of the controlled drug to prevent another person:
- From committing, or continuing to commit an offence in connection with that drug AND as soon as possible after taking possession of the drug, they took all reasonable steps to destroy the drug OR deliver it into the custody of a person lawfully entitled to take custody of it.
OR
- The person took possession of the controlled drug for the purpose of:
- Delivering it into the custody of a person lawfully entitled to take custody of it AND as soon as possible after taking possession of the drug, they took all reasonable steps to deliver it into the custody of such person.
Onus of proof is on the defendant
Define Section 6 Misuse of Drugs Act 1971
It shall not be lawful for a person to cultivate any plant of the genus Cannabis.
It is an offence to cultivate any such plant in contravention of subsection 1 above.
Define Section 23 Misuse of Drugs Act 1971
If a Constable has reasonable grounds to suspect that any person is in possession of a controlled drugs in contravention of the Misuse of Drugs act 1971 or any regulations made under it, the constable may:
Search that person and detain them for the purpose of the search
OR
Search any vehicle or vessel in which the constable suspects that the drug may be found
OR
Seize and retain anything found which appears to be evidence of an offence under this Act
Explain what is considered a Psychoactive Substance
A substance capable of producing a psychoactive effect in a person who consumes it. This happens if by stimulating or depressing the persons central nervous system, it effects the persons mental functioning or emotional state. Drugs containing one or more chemical substances that produce similar effects to drugs like cocaine, cannabis, and ecstasy. Formally known as “legal highs”.
Explain the 3 main categories of Psychoactive Substances
-
Stimulants
Act like amphetamines, cocaine, or ecstasy, in that they can make user feel energised, physically active, fast-thinking and very chatty.
They can make the user feel overconfident and disinhibited or can include feelings of anxiety, panic, confusion, paranoia.
Examples: BZP, Mephedrone, MDVP. -
Sedatives/Downers
Act like diazepam. They are also like cannabis in that they can make the user feel relaxed. They can also make them forgetful, and slow down reactions. Examples: GHB, GBL -
Psychedelics/Hallucinogens
Act like LSD, magic mushrooms, and ketamine. They create altered perceptions and can make the users hallucinate. Also, can make them feel like their mind and body are separate. Examples: N Bomb, Smiley Paper
Explain Psychoactive Substances Act 2016
A substance capable of producing a psychoactive effect in a person who consumes it. This happens if by stimulating or depressing the persons central nervous system, it effects the persons mental functioning or emotional state.
