OF15 Controlled Drugs

Question 1

What are the three classes of controlled drugs in order of most serious to least.

Answer 1

Class A
Class B
Class C

Question 2

What are some examples of Class A drugs?

Answer 2

Heroin, Methamphetamine, Cocaine.

Question 3

What are some examples of Class B drugs?

Answer 3

Cannabis oil, MDMA (ecstasy).

Question 4

What are some examples of Class C drugs?

Answer 4

Cannabis leaf, codeine.

Question 5

To support a supply charge, what pieces of evidence would you need?

Answer 5

Money, weigh scales, tick book or ledger.

Question 6

What are the amounts cannabis leaf, meth, MDMA, cocaine, Heroin, cannabis cigarettes and codeine that indicate possession of supply?

Answer 6

Meth - 5g
MDMA - 5g
Morphine - 5g
Heroin - 0.5g
Cocaine - 0.5g
Cannabis cigarettes - 100
Cannabis plant material - 28g

Question 7

What are the three elements that must be present to prove possession?

Answer 7

Possession
Knowledge
Usable Quantity

Question 8

What are the three factors that should be considered before prosecuting a possession of controlled drug?

Answer 8

Welfare approach - treating drug users like a health issue not criminal.

Alternative resolutions.

Asking about supplier.

Question 9

What are the elements for possession OR use of controlled drug?

Answer 9

Procure
OR
Possess
OR
Consume
OR 
Smoke
OR
Otherwise use

Any controlled drug

Question 10

What is the act relevant to controlled drugs?

Answer 10

Misuse of Drugs Act 1975

Question 11

What are the elements of Cultivation of Prohibited Plants?

Answer 11

Cultivates

A prohibited plant

Question 12

What are the elements for Permits use of vehicle?

Answer 12

Knowingly permits

Any 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 1975.

Question 13

What are the elements of Permits use of Premises?

Answer 13

Knowingly permits

Any premises

To be used for the purpose of he commissioning of an offence against the Misuse of Drugs Act 1975?

Question 14

What are the elements for Possession of instruments?

Answer 14

Has in his possession

Any pipe
OR
Any utensil
OR
Any syringe
OR
Any needle

For the purpose of the commissioning of an offence against the Misuse of Drugs Act 1975 .

Question 15

What two factors must be proven/considered for a possession of instrument charge?

Answer 15

Instrument must have been used in the offending - would need to ask offender what they were doing with it.

Is there any residue on the instrument, can send away to get tested - it is costly so not worth it most of the time based on the penalty.

Question 16

What are the elements of Possession of equipment, material, substances?

Answer 16

Has in his possession

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.

Question 17

How far does the scope of possession go for drugs, substances and instruments?

Answer 17

Can be on the person but also does not have to be on the person, can be anywhere where the suspect has knowledge and control over it - can access it at will)

Question 18

What are the three SOSA 2012 powers in regards to Drugs?

Answer 18

Section 20 - search of a place or vehicle for controlled drugs

Section 21 - Search of persons in a place or vehicle for controlled drugs when Section 20 is invoked.

Section 22 - Search a person for controlled drugs.