Misuse of Drugs Act Flashcards
What is the definition of the offence under section 5 of the misuse of drugs act?
(2) It is an offence for a person to have a controlled drug in his possession.
(3) It is an offence for a person to have a controlled drug in his possession, weather lawfully or not, with intent to supply it to another.
What are the 3 points to prove for possession?
- The accused had the substance in their possession.
- The accused knows they have the substance in their possession.
-The Substance is a controlled drug.
Who has lawful authority to possess controlled drugs?
- Chemists
- Doctors
- Other medical personnel.
-Forensic Staff - Patients with prescribed drugs.
-Police
Penalties for Possession
Class A: up to seven years in prison, an unlimited fine or both.
Class B: up to five years in prison, an unlimited fine or both.
Class C: up to two years in prison, an unlimited fine or both
What section gives the power to a constable to search any person?
Section 32(2) of the MDA
If someone has obstructed a officer in a search under the MDA they have committed what offence?
Obstruction under the Drugs act
Section 23(4) of the MDA.
What are points to prove under section 23 (4) Misuse of drugs Act.
Obstruction under the Drugs act?
-Someone concealing from a police officer / authorised person or, without reasonable excuse, failing to produce documents relating to the production or supply of controlled drugs upon request.
- A suspect with drugs found on their person snatching them off you and swallowing them.
- A heroin user about to inject themselves and when challenged by an officer continues to do so anyway.
What class is Crack cocaine (Rocks, freebase)?
Class A
What class is Methampetamine (crystal Meth)?
Class A
What class is Cocaine (Coke, snow, white, Charlie)?
Class A
What class is MDMA?
Class A
What class is Heroin (gear, brown)?
Class A
What class is LSD (Acid)?
Class A
What class is Magic mushrooms?
Class A
What class is methadone?
Class A
