Misuse of Drugs Flashcards
What legislation makes it an offence for a person to have a controlled drug in his possession w/o lawful authority
S5 (2) Misuse of Drugs Act 1971
What are the points to prove for someone in possession of a controlled substance?
The accused HAS a controlled substance, it WAS a controlled substance and they KNEW they were in possession of that substance
What are the defences for being in possession of a controlled substance?
Did not believe it to be a controlled substance, they were legally entitled to posses it, possession for the purpose of preventing another committing an offence and due to hand it over to someone authorised
What are your options when dealing with someone in possession of a small amount of cannabis?
PND or arrest depending on previous history and aggravating factors such as public view, young offender or persistent offender
What conditions are required to issue a PND?
Over 18, non vulnerable, capable of understanding questions put to them, not under influence of drugs or alcohol, only a small amount that is deemed for personal use, personal details have been verified.
What legislation covers the supplying of a controlled substance?
S4 Misuse of Drugs Act 1971
Describe S4 Misuse of Drugs Act 1971
It is an offence for any person unlawfully to supply a controlled drug to another, be concerned in the supply of such a drug to another, offer to supply a drug to another or be concerned in the making of an offer to another person
What legislation covers the possession with intent to supply?
S5 (3) of the Misuse of Drugs Act 1971
Describe S5 (3) Misuse of Drugs Act 1971?
It is an offence for a person to have a controlled drug in their possession whether lawfully or not, with intent to supply it unlawfully to another.
Under what legislation are police allowed to stop and search a persons for drugs?
S23 Misuse of Drugs Act 1971
Under S23 Misuse of Drugs Act 1971, where can an officer search for drugs?
Persons, vehicles, vessels
Describe S5 Psychoactive Substances Act 2016
It is an offence to produce, supply, offer to supply, possess with intent to supply, possess on custodial premises and to import or export psychoactive substances
List some forms of solvents that someone can abuse
Lighter fluid, nail varnish remover, petroleum products, fast drying glues
Name sources of help for solvent abuse
Medical practitioners, advisory services, treatment centers, self-help community groups
What section of the Misuse of Drugs Act 1971 covers unlawful production or being concerned in the unlawful production of a controlled drug?
S4 (2) Misuse of Drugs Act 1971
