Misuse Of Drugs Act 1971

Question 1

Possession

Sect 5(1) Misuse of Drugs Act 1971

Definition
It shall not be lawful for a person to have a controlled drug in his possession

Answer 1

Defence -
Neither knew, suspected or had reason to suspect that he was in possession of the drug
Neither believed that the drug was a controlled drug

Question 2

Class A-

Class B-

Class C-

Answer 2

A- Ecstasy, Heroin, Cocaine, Crack Cocaine, Magic Mushrooms. Crystal Meth

B- Cannabis Leaves, Cannabis Resin, Spice, Mephedrone, Amphetamines

C- Khat, Tranquillisers, Temazepam, Anabolic Steroids

Question 3

Possession with Intent to Supply

Sect 5(3) Misuse of Drugs Act 1971

Definition
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

Answer 3

Defence -
Neither knew, suspected or had reason to suspect that he was in possession of the drug
Neither believed that the drug was a controlled drug

There must be indication of intent to supply

Question 4

Premises Occupier

Sect 8 Misuse of Drugs Act 1971

Definition
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 a controlled drug
(b)Supplying or attempting to supply a controlled drug to another, or offering to supply a controlled drug to another
(c)Preparing opium for smoking
(d)Smoking cannabis, cannabis resin or prepared opium

Answer 4

To be classified as an occupier they must have a degree of control over the premises.

Question 5

Supply Offences

Sect 4(3)(a) – It is an offence for a person to supply or offer to supply a controlled drug to another
Sect 4(3)(b) – IT is an offence for a person to be concerned in the supply of such a drug to another
Sect 4(3)(c) – It is an offence for a person to be concerned in the making to another, an offer to supply such a drug
.

Answer 5

These offences cover, not only individuals directly responsible but those who are engaged in the conduct preparatory in the supply