OF15 Controlled Drugs Flashcards
What are the elements of Possession OR Use of Controlled Drugs? S7(1)(a) and S7(2)(a) and (b) MoDA1975
- Procures OR Possess OR Consume OR Smoke OR Otherwise use - Any controlled drug
What does ‘procure’ mean? MoDA
Purchase or obtain
What does ‘possess’ mean? MoDA
Knowingly has it in their possession, a usable quantity.
What do you need to prove for a prima facie case? MoDA
- Possession - that person was in possession of the controlled drug. Able to exercise some form of control over it.
- Knowledge - they knew what the controlled drug was or that it was a controlled drug of some type, and it was in their possession.
- Useable quantity - that the amount of the drug was enough to be useable.
What questions should you ask somebody you have arrested for Possession OR Use of Controlled Drugs?
- what is it?
- whose is it?
- why have you got it?
- what do you do with it?
What are the elements of Cultivation of Prohibited Plants? S9(1) and S9(2) MoDA
- Cultivates
- A prohibited plant
What does ‘cultivates’ mean? MoDA
To grow or germinate (includes to sow or plant)
What is a ‘prohibited plant’? MoDA
Any prohibited plant listed in S2 of MoDA
What must you prove for a charge of Cultivation of Prohibited Plants? S9
The offender must have completed an act that promoted the germination or growth of a plant and must have known the plant was prohibited.
Ensure that the offender is questioned about the nature of the plant, frequency of tender, watering, application of fertiliser and where it was obtained.
Record information regarding number of plants, their height and yield.
What are the elements of Permits Use of Premises OR Vehicle? S12 MoDA
- Knowingly permits
- 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 Misuse of Drugs Act 1975
What does ‘any premises’ mean? Permits Use of Premises OR Vehicle
Land, building or structure, including its surroundings
What must you prove for Permits Use of Premises OR Vehicle?
You must prove the offender knowingly permitted another person to use either their vehicle or premises.
What are the elements of Possession of Instruments? S13 MoDA
- 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 must you prove for Possession of Instruments? S13 MoDA
Must prove that the offender had possession for the purposes of committing an offence against the Misuse of Drugs Act 1975.
Merely possessing it is not an offence.
What does S12A cover? MoDA1975
Covers the offence of possession of equipment, material and substances that are used or intended to be used in the production and manufacture of controlled drugs.
