OF15: Controlled Drugs Flashcards

1
Q

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

A
  1. Possession
  2. Knowledge
  3. Usable quantity
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2
Q

What is possession?

A

That the person was in possession of the controlled drug

e.g. able to exercise some form of control over it

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3
Q

What are common class A drugs

A
  • Meth
  • LSD
  • Heroin
  • Cocaine
  • Magic mushrooms
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4
Q

What are common class B drugs?

A
  • Morphine
  • Opium
  • Cannabis Oil and Resin
  • MDMA
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5
Q

What are the common class C drugs?

A

Cannabis

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6
Q

What does section 6 of Misuse of Drugs Act refer to?

A

No person

  • shall import/export/produce or
  • sell/supply/administer
  • have in their possession with intent to supply or administer

any controlled drug

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7
Q

Element of Possession OR Use of Controlled Drugs Section 7

A
  • Procure OR
  • Possess OR
  • Consume OR
  • Smoke OR
  • Otherwise use
  • Any controlled drug
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8
Q

Procure

A

Means to purchase or obtain

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9
Q

Possess

A

Knowingly has in their possession or under their control a useable quantity

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10
Q

Consume

A

Ingest (eat or drink)

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11
Q

Any controlled drug

A

Any drug listed in the first, second or third schedule of the MoDA 1075

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12
Q

Elements of Cultivation of Prohibited Plants

A
  • Cultivates

- A prohibited plant

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13
Q

Cultivates

A
  • To grow or germinate
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14
Q

A prohibited plant

A

Any prohibited plant listed in section 2 of the MoDA 1975

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15
Q

Elements of Permits Use of Premises OR Permits Use of Vehicle Section 12

A
  • Knowingly permits (intentionally allows)
  • 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 MoDA 1975
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16
Q

Elements of Possession of Instruments Section 13

A
  • has in his possession
  • any pipe OR any utensil
  • for the purpose of the commission of an offence against the MoDA 1975