Misuse Of Drugs Act 1975 Flashcards

1
Q

According to the misuse of drugs act 1975 what is the definition of procure?

A

Purchase or obtain

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2
Q

According to the misuse of drugs act 1975 what is the definition of possess?

A

Knowingly have in their position or under their control

usable quantity.

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3
Q

According to the misuse of drugs act 1975 what is the definition of consume?

A

Eat or drink (ingest)

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4
Q

According to the misuse of drugs act 1975 what is the definition of smoke?

A

Inhale smoke

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5
Q

According to the misuse of drugs act 1975 what is the definition of cultivate?

A

To grow or germinate (includes to sow will plant)

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6
Q

According to the misuse of drugs act 1975 what is the definition of pipe?

A

He container we are material is burnt And the smoke inhaled.

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7
Q

According to the misuse of drugs act 1975 what is the definition of utensil?

A

Instrument, vessel or implement for drug use.

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8
Q

According to the misuse of drugs act 1975 what is the definition of syringe?

A

Hollow tube with nozzle and piston used for sucking and injecting liquids.

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9
Q

According to the misuse of drugs act 1975 what is the definition of needles?

A

Sharp pointed hollow tube used for injecting substance.

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10
Q

According to the misuse of drugs act 1975 what is the definition of “any controlled drug”?

A

Any drug listed in first, second and third schedule of the misuse of drugs act 1975.

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11
Q

What are the elements for possession or use of controlled drugs, under section 7 the misuse of drugs act 1975?

A
- Procure
OR
Possess
OR
Consume
OR
Smoke
OR
Otherwise us
  • Any controlled drug
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12
Q

What are the elements for cultivation of prohibited plants, under section 9 of the misuse of drugs act 1975?

A

Cultivates

A prohibited plant

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13
Q

What are the elements for permits use of premises or vehicle under section 12 of the misuse of drugs act 1975?

A

Knowingly permits

Any premises
OR
Any motor vehicle
OR
Any other mode of conveyance 

To be used for the purpose of the commission of an offence against the misuse of drugs act 1975.

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14
Q

What are the elements for possession of instruments under section 13 of the misuse of drugs act 1975?

A

Has in their possession.

Any pipe
OR
Any utensil 
OR
Any syringe
OR
Any needle

For the purpose of the commission of an offence Against the misuse of drugs act 1975.

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15
Q

What are the elements for possession Of equipment, material, substances under section 12A Often misuse of drugs act 1975?

A

Has in their possession

Any equipment that is capable of being used in, or for, the production or manufacture Of a controlled drug or the cultivation of a prohibited plant
OR
Any precursor substance

With the intention that the equipment, material or substance is to be used in, or for, the production or manufacture of a controlled drug cultivation of a prohibited plant.

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16
Q

What is the definition of “any precursor substance” Under the misuse of drugs act 1975?

A

Any chemical substance that, in itself, it’s not a controlled drug in this Act’s schedule but, when broken down can form one of these controlled drugs.

17
Q

What is the quantity for presumption for supply of cocaine/heroine?

A

0.5g

18
Q

What is the quantity for presumption for supply of methamphetamine?

A

5g

19
Q

What is the quantity for presumption for supply of cannabis leaf?

A

28g
OR
100 cigarettes

20
Q

What is the quantity for presumption for supply of “other controlled drugs”?

A

56g

21
Q

In reference to section 9 of the misuse of drugs act 1975, what must police prove in relation to cultivation?

A

The offender must have completed and act that promoted the germination of growth of a plant and must have known the plant was prohibited.

22
Q

In reference to 13(1)(a) Of the misuse of drugs act 1975, what must police proved in relation to an offence of possession of instruments?

A

Police need to prove that the utensil was in fact capable of use. For example, that it was not broken or ornamental, and that the suspect was currently using it or intending to do so in the future and not merely keeping it as an ornament.