Misuse of Drugs Act 1975 Flashcards
Gives some examples of Class A Drugs (First Schedule)
meth, LSD, heroin, cocaine, pcp, psilocybine ‘mushrooms’
Gives some examples of Class B Drugs (Second Schedule)
morphine, cannabis resin, cannabis oil, MDMA ‘ecstasy’’
Gives some examples of Class C Drugs (Third Schedule)
cannabis leaf, cannabis seeds, codeine
What is your POA for MODA 1975 offences?
All offences of this act carry terms of imprisonment therefore POA = 315(2)(a)/(b)
What do you need to prove for a MODA prima facie case, e.g. possession of class C drug?
Possession, Knowledge and Usable quantity
6
CD 6: No person shall: 1) import/export/produce or manufacture…, 2) sell/supply or administer to any person…, 3) have in their possession with intent to supply or administer… any controlled drug.
7
CD 7: Possession OR Use of Controlled Drugs; Produce/Possess/Consume/Smoke/Otherwise use, any controlled drug (first, second, or third schedule)
9
CD 9: Cultivation of Prohibited Plants; Cultivates, a prohibited plant (section 2). MUST KNOW PLANT WAS PROHIBITED
12
CD 12: Permits Use of Premises/Vehicle; Knowingly permits, any premises OR motor vehicle OR other mode of conveyance, to be used for the purpose of the commission of an offence against the Misuse of Drugs Act
12A
CD 12A: Possession of equipment, material, subtances; has in his possesion, any equipment or material capable of being used in or for producing or manufacturing a controlled drug or in the cultivation of a prohibited plant OR any precursor substance, with intent to use it for producing/manufacturing/cultivating a controlled drug
13(1)(a)
CD 13(1)(a): Possession of Instruments; has in his possession, any pipe OR any utensil, for the purpose of the commission of an offence against the Misuse of Drugs Act 1975
13(1)(aa)
CD 13(1)(aa): Possession of Instruments; has in his possession, any syringe OR any needle, for the purpose of the commission of an offence against the Misuse of Drugs Act 1975. DEFENCE if needle was obtained from authorised outlet
What are the amounts for an indication of possession for supply?
INDICATION of "POSSESSION FOR SUPPLY" = 0.5g of cocaine or heroin 5g morphine 5g, meth 56g other controlled drug 100 weed cigs 28g cannabis
What is the fourth schedule?
Pseudo-epherdrine/ephedrine