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355 > OF15 Controlled Drugs > Flashcards

OF15 Controlled Drugs Flashcards

1
Q

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

A

Class A
Class B
Class C

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2
Q

What are some examples of Class A drugs?

A

Heroin, Methamphetamine, Cocaine.

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3
Q

What are some examples of Class B drugs?

A

Cannabis oil, MDMA (ecstasy).

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4
Q

What are some examples of Class C drugs?

A

Cannabis leaf, codeine.

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5
Q

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

A

Money, weigh scales, tick book or ledger.

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6
Q

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

A 
Meth - 5g
MDMA - 5g
Morphine - 5g
Heroin - 0.5g
Cocaine - 0.5g
Cannabis cigarettes - 100
Cannabis plant material - 28g
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7
Q

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

A

Possession
Knowledge
Usable Quantity

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8
Q

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

A

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

Alternative resolutions.

Asking about supplier.

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9
Q

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

A

Prec Codes searches: “possess cannabis”

“consume/smoke/use cannabis”

Procure
OR
Possess
OR
Consume
OR 
Smoke
OR
Otherwise use

Any controlled drug

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10
Q

What is the act relevant to controlled drugs?

A

Misuse of Drugs Act 1975

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11
Q

What are the elements of Cultivation of Prohibited Plants?

A

Cultivates

A prohibited plant

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12
Q

What are the 3 elements for Permits use of vehicle?

A

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.

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13
Q

What are the 3 elements of Permits use of Premises?

A

Knowingly permits

Any premises

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?

A

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 .

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15
Q

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

A

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.

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16
Q

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

A

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)

17
Q

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

A

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.

18
Q

<p>What are the two elements of Cultivation of Prohibited Plants?</p>

A

<ol><li>Cultivates (To grow or germinate)<br></br></li><li>A prohibited plant</li></ol>

19
Q

<p>What are the 3 elements for Permits use of vehicle?</p>

A

<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>

20
Q

<p>What are the 3 elements of Permits use of Premises?</p>

A

<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>

21
Q

<p>What are the 2 Elements for Possession OR Use of controlled drugs</p>

A

<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>

22
Q

<p>What are the 2 Elements for Possession OR Use of controlled drugs</p>

A

<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>

23
Q

<p>Define Procure (possession)</p>

A

<p>(means to <strong>purchase</strong> or <strong>obtain</strong>)</p>

24
Q

<p>Define Possess (possession or use of controlled drug)</p>

A

<p><strong>Knowingly has in their possession</strong> or under their control, <strong>a useable quantity</strong></p>

25
Q

<p>Define Consume</p>

A

<p><strong>Ingest</strong></p>

26
Q

<p>Define Smoke</p>

A

<p>(<strong>inhale smoke</strong>)</p>

27
Q

<p>DefineOtherwise use</p>

A

<p>(Use of a drug in any manner whatsoever other than the above)</p>

28
Q

<p>Define Any controlled drug</p>

A

<p><strong>any drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975</strong></p>

29
Q

<p>Define a prohibited plant</p>

A

<p><strong>Any prohibited plant listed in section 2 of the Misuse of Drugs Act 1975</strong></p>

30
Q

<p>Define knowingly permits (use of premises OR vehicle)</p>

A

<p><strong>Intentionally</strong> allows</p>

31
Q

<p>Define any Premises (permits)</p>

A

<p>Land, building or structure including its surroundings</p>

32
Q

<p>Define any motor vehicle (permits)</p>

A

<p><strong>A contrivance equipped with wheels</strong>, tracks or revolving runners <strong>on which it moves or is moved</strong></p>

33
Q

<p>Define ‘To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975’.</p>

A

<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>

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