Misuse Of Drugs Act 1971 Flashcards
What is the misuse of drugs act 1971
It’s an offence to: import and export drugs, production, supply or offering, possession or possession with intent to supply (PWITS)
A class drugs
Up to 7 years for possession, up to life for supply/production (E.g. cocaine, heroin, ecstasy, LSD…)
B class drugs
Up to 5 years for possession and up to 14 years for supply/production (e.g cannabis, amphetamines, codeine, barbiturates…)
C class drugs
Up to 2 years for possession, up to 14 years for supply/production (e.g. steroids, GBH, diazepam, Khat…)
Possession of a controlled drug
A person whom is unlawfully in physical possession or in control of any substance or product specified in the act and had knowledge of possession of the item even if he did not know it was a controlled drug is guilty of an offence
Anything subject to his control, even if it is in custody of another
Points to prove for possession of a controlled drug
Must be a controlled drug (even if believed to be cocaine and it’s just baking powder, they do not commit offence)
They must know about it, or the object
Defences for possession of a controlled drug
He neither knew, suspected not had any reason to suspect that he was in possession of a controlled drug.
He believed the substance to be a controlled drug which he was entitled to produce, supply or possess.
He neither believed, suspected nor had any reasons to suspect it was a controlled drug.
Prevention of an offence for possession of a controlled drug
People found to have unlawful possession of a controlled drug have a defence if they knew or suspected the drug to be a controlled drug and they took it into their possession to:
prevent further offences
Destroy the drug as soon as possible
Or give it to someone who could lawfully possess it and destroy it.
They are still guilty of possessing the drug even if they have a defence
Possession with intent to supply (PWITS)
It is offence for a person to have a controlled drug in their possession whether lawfully or not, with the intent to offer or supply it to another who has no legal right to possess it.
What does supply and offer mean in PWITS
Supply is the simple act of passing a controlled drug from one person to another.
No need for financial or otherwise gain
Offer is the simple act of offering e.g. by text
No need for the drug to be a controlled drug for the offence to be made (haggard vs Mason 1975 -offer to sell what he thought was LSD but it was not. Still guilty of PWITS.)
How to tell if its PWITS over possession.
Consider the amount of money, mobile phones, the quantity of drugs, deal bags.
You can seize the phone if needed for the cyber crime unit.
