MODULE 13 Flashcards
Which Act and Section would you find the different quantities of drugs and their seriousness of the offence?
Drug Misuse and Trafficking Act 1985 (NSW), Schedule 1
What Act and section can you penalise someone for possessing a prohibited drug?
Drug Misuse and Trafficking Act 1985 (NSW), Section 10
Drug Pharmacology is divided into three groups. What are they?
- Stimulants
- Depressants
- Hallucinogens
What are the 4 consequences of drug/alcohol abuse?
- INDIVIDUAL EFFECT: Health implications (both mental and physical), loss of employment, deterioration of relationships, inability to maintain normal lifestyle, financial loss.
- SOCIAL EFFECT: Increase in crime (particularly those related to assaults, property theft and drug manufacturing/ trafficking/ selling), financial loss within communities, loss of productivity for organisations.
- FINANCIAL: Cost to health and emergency services that deal with the outcome of substance abuse.
- LEGISLATIVE: Changes to laws restricting behaviour, cost of enforcement and prosecution.
What are the three factors of Harm Minimisation under the National Drug Strategy?
- Harm Reduction or problem prevention (strategies designed to reduce drug-related harm for communities and individuals i.e. overdose policy or needle exchange policy).
- Supply Reduction (strategies designed to disrupt the production and supply of illicit drugs i.e. law enforcement).
- Demand Reduction (strategies designed to prevent the uptake of harmful drugs and to reduce drug use (i.e. education, rehabilitation or methadone program).
Outline the NSWPF Overdose policy
Exercising your discretion might remove the fear of prosecution and encourage people present at overdoses to call for assistance without delay.
Your primary role is to ensure the safety of ambulance officers, the victim and anyone else present. You are to seize any prohibited drug which is obviously present and deal with it as per normal exhibit procedures. After this and obtaining brief particulars it is usually appropriate to leave.
Outline the Needle & Syringe program
implemented to prevent the spread of blood-borne diseases such as HIV/AIDS and Hepatitis between injecting drug users. The aim is to provide a range of services to discouraging them from sharing needles.
What is the acronym for the Cannabis Caution Scheme?
U -15 grams or Under S - Sufficient evidence exists C - Consent to caution/sign caution A - Admits to the offence N - No other offences involved for which a brief needs to be submitted C - Cannot request/demand A - Appropriate in the circumstances U - Use is for personal T - Two cautions maximum I - Identification is confirmed O - Over 18 years of age N - No priors for Sex, Drugs (other than 1st caution), or Violent offences
What Act and Section can you find possession of a prohibited drug? (IMPORTANT TO KNOW)
Drug Misuse and Trafficking Act 1985 (NSW), Section 10
10 Possession of prohibited drugs
(1) A person who has a prohibited drug in his or her possession is guilty of an offence.
(2) Nothing in this section renders unlawful the possession of a prohibited drug by—
(a) a person licensed or authorised to have possession of the prohibited drug under the Poisons and Therapeutic Goods Act 1966,
(a1) a person acting under a poppy licence under the Poppy Industry Act 2016,
ELEMENTS NEED TO KNOW:
- The accused
- Had in his or possession a prohibited drug.
What act and section can you find possession of equipment to administer prohibited drug and its elements? (IMPORTANT TO KNOW)
Drug Misuse and Trafficking Act 1985 (NSW), Section 11
11 Possession of equipment for administration of prohibited drugs
(1) A person who has in his or her possession any item of equipment for use in the administration of a prohibited drug is guilty of an offence.
(1A) Subsection (1) does not apply to or in respect of a hypodermic syringe or a hypodermic needle.
Elements of the offence:
• accused
• had any item of equipment for use in the administration of a prohibited drug
• in his/her possession
What act and section can you find Self administration of prohibited drugs and its elements? (IMPORTANT TO KNOW)
Drug Misuse and Trafficking Act 1985 (NSW), Section 12
12 Self-administration of prohibited drugs
(1) A person who administers or attempts to administer a prohibited drug to himself or herself is guilty of an offence.
(2) Nothing in this section renders unlawful the administration or attempted administration by a person to himself or herself of a prohibited drug which has been lawfully prescribed for or supplied to the person.
Elements of the offence:
• accused
• administered or attempted to administer to him/herself
• a prohibited drug
Drug Misuse and Trafficking Act 1985 (NSW), Section 7
is where you’ll find Deemed possession of prohibited drug for possession of any substance under Schedule 9 or prohibited drug. What are the three types of possession is this referring to? (IMPORTANT TO KNOW)
EXCLUSIVE (SOLE) POSSESSION
The person has physical charge of an item. An example of this would be in a person’s pocket or in their handbag. It may also be that the item is in a position where nobody else can exercise any degree of control, for example, locked in a locker and only one person has the key.
Police must negate possession on the part of any other person.
DE-FACTO POSSESSION
A person can have de-facto possession when they place the item somewhere where another person may find it accidentally.
Example: Hide it under a lounge, you still have control of the drug but someone, if they moved the lounge may find it. The person has knowledge and control = possession however they have the potential to lose control if someone accidently finds it and takes it.
JOINT POSSESSION
This involves an agreement between two or more persons acting in concert to stop all others from taking part in, or being involved in, the custody of the item.
They have a common purpose.
Example:
You have an agreement between two persons to sell drugs but only one person actually has the drugs on them. Or husband and wife both are selling the drugs, they both go to the same locked cupboard in the house. They both have control and knowledge = possession.
IMPORTANT:
He Kaw Teh (1985) Simplified
Possession = Knowledge + Control
mens rea exclusive/defacto/Joint
Drug Misuse and Trafficking Act 1985 (NSW), Section 4 entails what?
4 Admixtures
In this Act, a reference to a prohibited drug includes a reference to any preparation, admixture, extract or other substance containing any proportion of the prohibited drug.
E.G: Ecstasy, edibles
What act and section can you penalise someone for selling ice pipes and bongs?
Drug Misuse and Trafficking Act 1985 (NSW), Section 11(1)A
Sale, supply and display of waterpipes and ice pipes
Under Drug Misuse and Trafficking Act 1985 (NSW), Section 3, what does it mean by prohibited plant?
(a) a cannabis plant cultivated by enhanced indoor means, or
(a1) a cannabis plant cultivated by any other means,
Drug Misuse and Trafficking Act 1985 (NSW), Section 23
Can make you penalise someone for what?
Cultivate, Supply Prohibited drug. ELEMENTS: - He or she had in his or possession - Cultivate OR - Supply - Prohibited Drug.
NOTE: Took part in any part of the process. e.g if you go to your mates house with knowledge to water his cannabis plants and get caught? you will be penalised.
What act and section could you penalise someone for Manufacture and production of prohibited drugs?
Drug Misuse and Trafficking Act 1985 (NSW), Section 24 (1)
Manufacture and production of prohibited drugs
(1) A person who manufactures or produces, or who KNOWINGLY takes part in the manufacture or production of, a prohibited drug is guilty of an offence.
(1A) A person who—
(a) manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug, and
What act and section could you penalise someone for supply of prohibited drug of COMMERCIAL quantity?
Drug Misuse and Trafficking Act 1985 (NSW), Section 25
25 Supply of prohibited drugs
(1) A person who supplies, or who knowingly takes part in the supply of, a prohibited drug is guilty of an offence.
(1A) A person of or above the age of 18 years who supplies, or who knowingly takes part in the supply of, a prohibited drug (other than cannabis leaf) to a person under the age of 16 years is guilty of an offence.
NOTE:
(2) In relation to amount of prohibited drug, cannot be less than commercial amount to be charged under this section.
ELEMENT:
- Accused
- Supplies or Knowingly takes part in supply
- Prohibited Drug.
What act and section could you penalise someone for supply of prohibited drug of Traffickable quantity?
Drug Misuse and Trafficking Act 1985 (NSW), Section 29
A person who has in his or her possession an amount of a prohibited drug which is not less than the traffickable quantity of the prohibited drug shall, for the purposes of this Division, be deemed to have the prohibited drug in his or her possession for supply, unless—
(a) the person proves that he or she had the prohibited drug in his or her possession otherwise than for supply, or
(b) unless prescribed by practitioner.
BASICALLY: BASICALLY: If they have a trafficable quantity found in their car or custody, they will get done for Drug Supply.
What act and section could you penalise someone for representing something as a certain drug/plant when it isn’t?
Drug Misuse and Trafficking Act 1985 (NSW), Section 40
(1) A substance (not being a prohibited drug) which, for the purpose of its being supplied, is represented (whether verbally, in writing or by conduct) as being a prohibited drug or a specified prohibited drug shall, for the purposes of this Act and the regulations, be deemed to be a prohibited drug or the specified prohibited drug, as the case requires.
(2) A growing plant (not being a prohibited plant) which, for the purpose of its being supplied, is represented (whether verbally, in writing or by conduct) as being a prohibited plant or a specified prohibited plant shall, for the purposes of this Act and the regulations, be deemed to be a prohibited plant or the specified prohibited plant, as the case requires.
(3) A substance (not being a psychoactive substance) which, for the purpose of its being supplied, is represented (whether verbally, in writing or by conduct) as being a psychoactive substance or a specified psychoactive substance is, for the purposes of this Act and the regulations, to be taken to be a psychoactive substance or the specified psychoactive substance, as the case requires.
NUTSHELL: You will be penalised accordingly for whatever drug you’re representing!
What is the definition of psychoactive substance?
psychoactive substance, means:
o stimulation or depression of the central nervous system of the person, resulting in hallucinations or a significant disturbance in, or significant change to, motor function, thinking, behaviour, perception, awareness or mood, or
o causing a state of dependence, including physical or psychological addiction.
What are the three types of psychoactive substances?
Cathinones: including mephadrone (4 Methylmethcathinone) or MDPV (methylenedioxypyrovalerone) and related chemicals, which are often found in a powder form and are sometimes marketed as an alternative to cocaine.
Cannabinoids: A synthetic compound with similar effects to cannabis which is usually sprayed on to smokeable dried leaves.
Hallucinogenic NPS: This includes groups of drugs known as the 2C-X family and the 2C-X NBOMe family. These are sometimes sold as LSD, and may take the form of tabs of blotting paper, powder or pills.
