misuse of drugs

Question 1

the three classes of classified drugs

Answer 1

Class A
Class B
Class C

Question 2

what is a temporary drug class order

Answer 2

government temporarily bans drugs in order to argue for or against it in parliament (can last up to 12 months and can be extended)

Question 3

what section is possession of controlled drugs

Answer 3

section 5(2)

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

Question 4

what are some defences to possession and the section

Answer 4

section 5(4)
1) when a person possesses them to DELIVER INTO CUSTODY of a person lawfully entitled
2) when a person possesses them to DESTROY

Question 5

what is section 4(3) of misuse of drugs act 1971

Answer 5

supplying a controlled drug

• to supply or offer to supply
• to be concerned in the supplying
• to be concerned in the making of an offer to supply

someone can offer and not follow through with it. still an offence

Question 6

what section is possession with intent to supply misuse of drugs act 1971

Answer 6

section 5(3)

PWITS

Question 7

what section is production of a controlled drug

Answer 7

section 4(2)

it is an offence to produce or be concerned in the production of a controlled drug

Question 8

what section is cultivation of cannabis

Answer 8

section 6(1) and (2)

basically some action which allows the plant to thrive/grow

Question 9

what are the general defences under section 28

Answer 9

• lack of knowledge by the defendant of some fact which is alleged by the prosecution
• general lack of knowledge about the drug in question
• conditional belief held by the defendant about the drug in question

Question 10

what is section 23(1)

Answer 10

allows a constable to stop and search a person and any vehicle/vessel in question to seize and obtain

Question 11

what does section 2 of the Psychoactive Substances Act 2016 state

Answer 11

defines a psychoactive substance as any substance capable of producing a psychoactive effect on a persons mental or emotional state who consumes it

Question 12

what are the mental elements of the psychoactive substances act

Answer 12

• prosecution must show the act is intentional
• defendant must have (or ought to have) known or suspected that the substance is psychoactive
• defendant must know (or he reckless as to whether) the substance is likely to be consumed by the person whom it’s supplied to