misuse of drugs

Question 1

drug definition

Answer 1

any substance which, when introduced to the users body, affects mental or physical ability

Question 2

possession of a controlled drug act

Answer 2

s5(2) misuse drugs act 1971

Question 3

s5(2) misuse of drugs act 1971 ptp

Answer 3

unlawfully
controlled drug
in his possession

Question 4

possible defences to s5(2)

Answer 4

s.28 - lack of knowledge of the substance
s5(4) - intention of the controlled drug
a) preventing another from committing an offence
b) purpose of delivering it to the police
s.5(1) - certain activities authorised by the Secretary of State ( doctors/vets)

Question 5

s.28 misuse of drugs act 1971

Answer 5

defence

lack of knowledge of the substance

Question 6

s.5(4) misuse of drugs act 1971

Answer 6

defence
a) preventing another from committing an offence
must take all reasonable streps to destroy or give to authorities
b) for the purpose of delivering it to the authorities
must do it ASAP after taking possession of it

Question 7

s.5(1) misuse of drugs act 1971

Answer 7

defence

certain activities authorised by the Secretary of State (doctors / vets)

Question 8

punishment for possession of class A

Answer 8

up to 7 years, or a fine

Question 9

punishment for possession of class B

Answer 9

up to 5 years, or fine

Question 10

punishment for class C

Answer 10

up to 2 years, or fine

Question 11

which act relates to possession with intent to supply

Answer 11

s.5(3) misuse drugs act 1971

Question 12

s.5(3) MDA 71 ptp

Answer 12

controlled drug
 in possession
lawfully or not
with intent to supply 
unlawfully

Question 13

punishment for possession with intent to supply for class A

Answer 13

up to life, or fine

Question 14

punishment for possession with intent to supply for class B

Answer 14

up to 14 years, or fine

Question 15

punishment for possession with intent to supply for class C

Answer 15

up to 14 years, or fine.

Question 16

case law for possession with intent to supply

Answer 16

R v Maginnis ‘87
found cannabis in his car
told it belonged to his friend and he was picking it up later
charged with intent to supply