Misuse of Drugs Act 1975 Flashcards
Section 6 states that
Noone, except for authorized people or pursuant to a license under this Act, shall:
- import/export/produce or manufacture
- sell/supply or administer to any person
- have in their possession with intent to supply or administer
any controlled drug
The amounts of drugs of possession for supply
- 0.5g cocaine/heroine
- 5g of morphine
- 5g of methamphetamine
- 56g of other controlled drug
- 28g of cannabis
- 100 cannabis cigarettes
For dealing offenses for Class A and B drugs bail
can be granted only by the High Court
Possession or Use of Controlled Drug
Elements
1) Procure/Possess/consume/smoke/otherwise use
2) Any controlled drug
What should be proved for the Possession or Use Offense
- Possession
- Knowledge
- Usable quantity
Cultivation of Prohibited Plants
Elements:
- Cultivates
- A prohibited plant
Permits Use of Premises or Permits Use of Vehicle
Elements:
- Knowingly permits
- Any premises/motor vehicle/other mode of conveyance
- To be used for the purpose of the commission of an offense against the Misuse of Drugs Act 1975
Possession of Instruments
Elements:
- Has in his possession
- Any pipe/any utensil/any syringe/any needle
- For the purpose of the commission of an offense against the Misuse of Drugs Act 1975
Possession of equipment, material, substances
Elements:
- Has in his possession
- Any equipment or material capable of being used in, 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.
Class A drugs
- Heroin
- LSD
- Cocaine
- Mushrooms
- Meth
Class B drugs
- Morphine
- Opium
- Methadone
- Amphetamine
- Cannabis resin/oil
- Ecstasy
- Fantasy
Class C drugs
- Cannabis fruit/leaf/seeds
- Coca leaf
- Codeine
- Ephedrine
Section 22, Search and Surveillance Act 2012
Warrantless power to search for controlled drugs and precursor substances if offense suspected against MODA 1975
Section 20, Search and Surveillance Act 2012
Warrantless search of places and vehicles in relation to some offences from Misuse of Drugs Act 1975
Section 21, Search and Surveillance Act 2012
Warrantless search of people found in or on places or vehicles