Misuse of drugs 1971 Flashcards
What is Section 5 (2) Misuse of Drugs act 1971 and the definition?
Possession of controlled drug
it is an offence for a person to have a controlled drug in his possession.
What is Section 5 (3) Misuse of drugs act 1971 and the definition?
Possession with intent to supply
it is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it
What are the 3 defences to possession of controlled drug
> Lawfully possess
Has it to stop another using i.e destroyed
Took it to deliver to lawful hands
What is Section 4 (3) (a) Misuse of drugs act 1971 and the definition?
Supplying controlled drugs
it is an offence for a person to supply or offer to supply a controlled drug to another
What is Section 4 (3) (b) Misuse of drugs 1971 and the definition?
Concerned in supplying
It is an offence for a person to be concerned in the supply of such drug to another
What is Section 4 (3) (c) Misuse of drugs 1971 and the definition?
It is an offence for a person to be concerned in the making to another an offer to supply such drugs.
What are the two aggravating factors for supplying controlled drugs?
> Outside a school
> County lines
What is Section 23 Misuse of drugs act 1971 and the definition?
Search power
If a constable has reasonable grounds to suspect they are in possession of a controlled drug a constable may -
> search and detain that person
search any vehicle or vessel
seize/detain anything found
What is section 23 (4) Misuse of drugs act 1971 and the definition?
Obstruction
> a person commits an offence if-
> he intentionally obstructs a person in exercise of power
> conceals any documents, drugs or stocks
> fails to provide document without reasonable excuse