Misuse of Drugs Flashcards
Give some examples of Class A, B and C drugs.
Class A: Ecstasy, heroine, cocaine, crack cocaine, magic mushrooms, crystal meth, LSD.
Class B: Cannabis leaves, cannabis resin, spice, mephedrone, amphetamines and barbiturates.
Class C: Khat, tranquillisers, anabolic steroids and some painkillers.
What are temporary class drug orders?
The Home Secretary has the power, under the Misuse of Drugs Act 1971, to make any drug (likely to be misused or could have harmful effects) subject to temporary control (up to 12 months) if the following two conditions are met:
1) Not already controlled under the Act as Class A, B or C drugs.
2) The ACMD (Advisory Council on the Misuse of Drugs) has been consulted and determined it should be made.
Offences committed under the Misuse of Drugs Act 1971 in relation to a temporary class drug are subject to what maximum penalties?
Indictment – 14 years and an unlimited fine.
Summarily – 6 months and a £5,000 fine.
How to establish joint possession?
Mere knowledge of the existence of drugs is not enough to prove an allegation of joint possession.
It is necessary to show that each defendant participated in the offence charged.
The prosecution may have to prove either that the drugs have come from a “pool” (R v Strong).
How does quantity of a substance affect possession?
May be so small that the defendant could not possibly have known about it; therefore it could not be possessed.
Larger quantities may indicate PWIT.
Possession of a controlled drug
s5 Misuse of Drugs Act 1971
In order to commit the offence of unlawful possession, a person must unlawfully have a controlled drug in [his/her] possession.
Penalties:
- A: Summary offence = 6 months, indictable offence = 7 years.
- B: Summary offence = 3 months, indictable offence = 5 years.
- C: Summary offence = 3 months, indictable offence = 2 years.
- Unlawful possession of cannabis can also be dealt with by issuing a PND for £90.
Certain defences can be raised by those accused of being in possession of controlled drugs….
s5(4) of the Misuse of Drugs Act
(a) That, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to destroy the drug or to deliver it into the custody of a person lawfully entitled to take custody of it; or
(b) That, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of delivering it into the custody of a person lawfully entitled to take custody of it and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to deliver it into the custody of such a person.
Supplying explained…
Needs to be more than mere transfer of physical control from one person to another (R v Maginnis).
Other person being given it must derive some BENEFIT from being given the drug.
Can injecting others with that person’s own controlled drug amount to ‘supplying’?
No- but it may amount to an offence of ‘poisoning’ under s23 of the Offences Against the Persons Act 1861.
Supplying a Controlled Drug
s4(3) of the Misuse of Drugs Act
It is an offence to unlawfully…
(a) to supply or offer to supply a controlled drug to another (supply can even just mean passing a joint)
(b) to be concerned in the supplying of such a drug to another; or
(c) to be concerned in making an offer to supply a controlled drug to another
Other person being given it must derive some BENEFIT from being given the drug.
Penalties:
- A: Summary offence = 6 months, indictable offence = Life imprisonment.
- B: Summary offence = 6 months, indictable offence = 14 years.
- C: Summary offence = 3 months, indictable offence = 14 years.
Offering to supply: does it have to be genuine?
No – access, nor possession needs to be in place, offence is still committed even if it was not a ‘real offer’.
Possession of a controlled drug with intent to supply
s 5(3) of the Misuse of Drugs Act 1971
It is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another.
Penalties:
- A: Summary offence = 6 months, indictable offence = Life imprisonment.
- B: Summary offence = 6 months, indictable offence = 14 years.
- C: Summary offence = 3 months, indictable offence = 14 years.
Suppling Articles for Administering or Preparing Controlled Drugs
s9A of the Misuse of Drugs Act 1971
(1) A person who supplies or offers to supply
any article which may be used or adapted to be used (whether by itself or in combination with another article or other articles)…
…in the administration by any person of a controlled drug to himself or another,…
…believing that the article (or the article as adapted) is to be so used in circumstances where the administration is unlawful, is guilty of an offence.
(2) It is not an offence under subsection (1) above to supply or offer to supply a hypodermic syringe or any part of one.
Do hypodermic syringes count as part of s9A of the Misuse of Drugs Act 1971?
No- or any part of one.
Far more serious than the simple possession of illegal drugs is the supply and distribution of them, and it is predominantly these suppliers who are the target of police operations.
There are a number of offences relating to the supply of illegal drugs, including some useful ‘catch all’ offences. The main offences covered here are:
- Importation of controlled drug (s 3(1))
- Production of a controlled drug (s 4(2))
- Supplying a controlled drug (s 4(3))
- Possession with intent to supply (s 5(3))
- Cultivation of Cannabis (s 6)
Production of controlled drugs
s 4(2) of the Misuse of Drugs Act 1971
(a) It is an offence to produce a controlled drug (or convert it from one class A to another) or
(b) to be concerned in the production of such a drug (doesn’t count just letting people use your kitchen for example).
Penalties:
- A: Summary offence = 6 months, indictable offence = Life imprisonment.
- B: Summary offence = 6 months, indictable offence = 14 years.
- C: Summary offence = 3 months, indictable offence = 5 years.
Cultivation of Cannabis
s6 of the Misuse of Drugs Act 1971
(1) It shall not be lawful for a person to cultivate any plant of the genus cannabis.
Cultivate means things like watering it and feeding it, harvesting it when matured would be classified as production, not cultivation. Doesn’t matter in this offence if person knows its cannabis or not.
Penalties:
- Indictment – 14 years and/ or a fine.
- Summary – 6 months and/ or a fine.
General defence available under sXX of the Misuse of Drugs Act 1971 to a defendant charged with certain drug offences…
s28 Misuse of Drugs Act 1971
- It shall be a defence for the accused to prove that he neither knew of nor suspected nor had reason to suspect the existence of a controlled drug.
What are the main exceptions and conditions found in the Misuse of Drugs Regulations 2001?
Reg 4 – sets out which controlled drugs are exempt from main offences of importation/ exportation when they are in medicinal products.
Reg 5 – allowing people with license issued by Secretary of State to produce, supply, offer to supply or have in their possession a controlled drug.
Reg 6 – anyone who is lawfully in possession of controlled drugs to return it to whom they received it from. This includes police in line of duty.
Occupier or manager of premises used for controlled drug offences legislation
s8 Misuse of Drugs Act 1971
A person commits an offence if, being the occupier or concerned in the management of any premises, he knowingly permits or suffers any of the following activities to take place on those premises, that is to say—
(a) Producing or attempting to produce controlled drugs.
(b) Supplying or attempting to supply controlled drugs (or offering drugs);
(c) Preparing opium for smoking;
(d) Smoking cannabis, cannabis resin or prepared opium.
Penalties:
- A: Summary offence = 6 months, indictable offence = 14 years.
- B: Summary offence = 6 months, indictable offence = 14 years.
- C: Summary offence = 3 months, indictable offence = 14 years.
What are Community Protection Notices?
Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014
- Can be issued by Police, local authority or provider of social housing to prevent anti-social behaviour.
- Can be used for a variety of social behaviour including police to deal with places where drug offences take place.
- Failure to comply can lead to fines and court orders.
Assisting or Inducing Offence Outside United Kingdom
s20 Misuse of Drugs Act 1971
A person commits an offence if in the UK he assists in or induces the commission in any place outside the UK of an offence punishable under the provisions of a corresponding law in force in that place.
The offence must take place.
Penalties:
- Indictment – 14 years and/ or a fine.
- Summarily – 6 months and/ or a fine.
Incitement
s19 Misuse of Drugs Act 1971
It is an offence for a person to incite or attempt to incite another to commit an offence under any other provision of this Act.
Importation of controlled drugs
Under what legislation are penalties stated to knowingly acquire possession or be concerned in transporting, storing or concealing drugs, or be concerned in any fraudulent evasion or attempted evasion of restriction?
s3 Misuse of Drugs Act 1971
Prohibits the import/ export of a controlled drug unless authorised by the regulations under the Act.
Customs and Excise Management 1979 Penalties:
- A: Life Imprisonment
- B: 14 Years Imprisonment
- C: 14 Years Imprisonment
