Misuse of Drugs Act 1975

Question 1

What are the 5 main categories of offences?

Answer 1

• dealing
• possession
• cultivation
• possession of instruments
• permitting premises to be used

Question 2

What do you need to prove for a prima facie case?

Answer 2

1. Possession
2. Knowledge
3. Usable quantity

Question 3

Elements for Possession or Use of Controlled Drug?

Answer 3

-Procure
OR
-Possess
OR 
-Consume
OR
-Smoke
OR
-Otherwise use
-Any controlled drug

Question 4

Elements of Cultivation of Prohibited Plants?

Answer 4

• Cultivates

- A prohibited plant

Question 5

Elements of Permits Use of Premises or Vehicle?

Answer 5

-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 MODA 1975

Question 6

Elements of Possession of Instruments (pipe)?

Answer 6

-Has in his/her possession
-any pipe
OR
-any utensil
-for the purpose of the commission of an offence against the MODA 1975

Question 7

Elements of Possession of Instruments (syringe)?

Answer 7

-Has in his/her possession
-any syringe
OR
-any needle
-for the purpose of the commission of an offence against the MODA 1975