OF15 Controlled Drugs Flashcards
What are the three classes of controlled drugs in order of most serious to least.
Class A
Class B
Class C
What are some examples of Class A drugs?
Heroin, Methamphetamine, Cocaine.
What are some examples of Class B drugs?
Cannabis oil, MDMA (ecstasy).
What are some examples of Class C drugs?
Cannabis leaf, codeine.
To support a supply charge, what pieces of evidence would you need?
Money, weigh scales, tick book or ledger.
What are the amounts cannabis leaf, meth, MDMA, cocaine, Heroin, cannabis cigarettes and codeine that indicate possession of supply?
Meth - 5g MDMA - 5g Morphine - 5g Heroin - 0.5g Cocaine - 0.5g Cannabis cigarettes - 100 Cannabis plant material - 28g
What are the three elements that must be present to prove possession?
Possession
Knowledge
Usable Quantity
What are the three factors that should be considered before prosecuting a possession of controlled drug?
Welfare approach - treating drug users like a health issue not criminal.
Alternative resolutions.
Asking about supplier.
What are the elements for possession OR use of controlled drug?
Prec Codes searches: “possess cannabis”
“consume/smoke/use cannabis”
Procure OR Possess OR Consume OR Smoke OR Otherwise use
Any controlled drug
What is the act relevant to controlled drugs?
Misuse of Drugs Act 1975
What are the elements of Cultivation of Prohibited Plants?
Cultivates
A prohibited plant
What are the 3 elements for Permits use of vehicle?
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.
What are the 3 elements of Permits use of Premises?
Knowingly permits
Any premises
To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975?
What are the elements for Possession of instruments?
Has in his possession
Any pipe
OR
Any utensil
For the purpose of the commission of an offence against the Misuse of Drugs Act 1975 .
What two factors must be proven/considered for a possession of instrument charge?
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.
How far does the scope of possession go for drugs, substances and instruments?
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)
What are the three SOSA 2012 powers in regards to Drugs?
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.
<p>What are the two elements of Cultivation of Prohibited Plants?</p>
<ol><li>Cultivates (To grow or germinate)<br></br></li><li>A prohibited plant</li></ol>
<p>What are the 3 elements for Permits use of vehicle?</p>
<ol>
<li>Knowingly permits</li>
<li>Any motor vehicle OR Any other mode of conveyance</li>
<li>To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975.</li>
</ol>
<p>What are the 3 elements of Permits use of Premises?</p>
<p>Knowingly permits</p>
<p>Any premises</p>
<p>To be used for the purpose of the commissionof an offence against the Misuse of Drugs Act 1975.</p>
<p>What are the 2 Elements for Possession OR Use of controlled drugs</p>
<ol><li>Procure(means to <strong>purchase</strong> or <strong>obtain</strong>)<br></br>OR<br></br>Possess (<strong>Knowingly has in their possession</strong> or under their control, <strong>a useable quantity</strong>)<br></br>OR<br></br>Consume (<strong>ingest</strong>)<br></br>OR<br></br>Smoke (<strong>inhale smoke</strong>)<br></br>OR<br></br>Otherwise use (Use of a drug in any manner whatsoever other than the above)<br></br><br></br><br></br><br></br>2. Any controlled drug (<strong>any drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975</strong>)</li></ol>
<p>What are the 2 Elements for Possession OR Use of controlled drugs</p>
<ol><li>Procure OR Possess OR Consume OR Smoke OR Otherwise use<br></br><br></br><br></br><br></br>2. Any controlled drug</li></ol>
<p>Define Procure (possession)</p>
<p>(means to <strong>purchase</strong> or <strong>obtain</strong>)</p>
<p>Define Possess (possession or use of controlled drug)</p>
<p><strong>Knowingly has in their possession</strong> or under their control, <strong>a useable quantity</strong></p>
<p>Define Consume</p>
<p><strong>Ingest</strong></p>
<p>Define Smoke</p>
<p>(<strong>inhale smoke</strong>)</p>
<p>DefineOtherwise use</p>
<p>(Use of a drug in any manner whatsoever other than the above)</p>
<p>Define Any controlled drug</p>
<p><strong>any drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975</strong></p>
<p>Define a prohibited plant</p>
<p><strong>Any prohibited plant listed in section 2 of the Misuse of Drugs Act 1975</strong></p>
<p>Define knowingly permits (use of premises OR vehicle)</p>
<p><strong>Intentionally</strong> allows</p>
<p>Define any Premises (permits)</p>
<p>Land, building or structure including its surroundings</p>
<p>Define any motor vehicle (permits)</p>
<p><strong>A contrivance equipped with wheels</strong>, tracks or revolving runners <strong>on which it moves or is moved</strong></p>
<p>Define ‘To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975’.</p>
<p><strong>To be used for the purpose of an offence against the Misuse of Drugs Act 1975 (Either currently or in the future).</strong></p>
