Misuse of Drugs Act 1975 Flashcards
What do you need to prove for a prima facie case of possession of a controlled drug?
(1) Possession – Able to exercise some form of control over it
(2) Knowledge – Knew what it was and was in their possession
(3) Usable quantity – Was enough to be used
What questions should you ask to ascertain knowledge?
What is it?
Whose is it?
Why have you got it?
What do you do with it?
What else must you ascertain about possession of a controlled drug?
… You also need to put direct allegations to the offender such as I have just found a tinfoil package of cannabis in your back pocket. Why do you have it?
What are the quantities for Possession for Supply?
0.5g of Cocaine or Heroin 5g of Morphine 5g of Methamphetamine 56g of other controlled drug 100 cannabis cigarettes 28g of cannabis
Name 3 Class A drugs:
Meth/P/Ice LSD Heroin Cocaine PCP
Name 3 Class B drugs:
Cannabis resin Cannabis oil MDMA (ecstasy) GHB (fantasy) Morphine Opium Methadone
Name 3 Class C drugs:
Cannabis leaf Cannabis seed Coca leaf Codine Pseudoephedrine BZP(Party pills) Cannabis fruit
What drugs are listed under the first schedule of the Misuse of Drugs Act 1975?
Class A drugs.
Methamphetamine.
LSD.
Herion.
Cocaine.
What drugs are listed under the second schedule of the Misuse of Drugs Act 1975?
Class B drugs.
Cannabis resin Cannabis oil MDMA (ecstasy) GHB (fantasy) Morphine Opium Methadone
What drugs are listed under the third schedule of the Misuse of Drugs Act 1975?
Cannabis leaf Cannabis seed Coca leaf Codine Pseudoephedrine BZP(Party pills) Cannabis fruit
What warrantless Search of places and vehicles in relation to some MODA 1975 offences do you have available?
Section 20 – Search and Surveillance Act 2012
Enter and search place or vehicle
Only when S/W is impracticable
RGTB CADD will occur
What warrantless Search of people found in or on places or vehicles do you have?
Section 21 – Search and Surveillance Act 2012
Search person
In a place or vehicle
While conducting a section 20 entry & search
What warrantless power to search for controlled drugs do you have if you suspect an offence against the MODA 1975?
Section 22 – Search and Surveillance Act 2012
Search Person
In public place
RGTB in possession of drugs/precursors
RGTS that an offence against the MODA 1975 is/has/about to be committed.
What power of arrest do you have for drug offences?
Section 315, Crime Act 1961
What is the fourth schedule?
Pseudoephedrine / Ephedrine
