OF15 Controlled Drugs

Question 1

What are the elements of Possession OR Use of Controlled Drugs? S7(1)(a) and S7(2)(a) and (b) MoDA1975

Answer 1

- Procures
OR
  Possess
OR
  Consume
OR
  Smoke
OR
  Otherwise use
- Any controlled drug

Question 2

What does ‘procure’ mean? MoDA

Answer 2

Purchase or obtain

Question 3

What does ‘possess’ mean? MoDA

Answer 3

Knowingly has it in their possession, a usable quantity.

Question 4

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

Answer 4

1. Possession - that person was in possession of the controlled drug. Able to exercise some form of control over it.
2. Knowledge - they knew what the controlled drug was or that it was a controlled drug of some type, and it was in their possession.
3. Useable quantity - that the amount of the drug was enough to be useable.

Question 5

What questions should you ask somebody you have arrested for Possession OR Use of Controlled Drugs?

Answer 5

• what is it?
• whose is it?
• why have you got it?
• what do you do with it?

Question 6

What are the elements of Cultivation of Prohibited Plants? S9(1) and S9(2) MoDA

Answer 6

• Cultivates

- A prohibited plant

Question 7

What does ‘cultivates’ mean? MoDA

Answer 7

To grow or germinate (includes to sow or plant)

Question 8

What is a ‘prohibited plant’? MoDA

Answer 8

Any prohibited plant listed in S2 of MoDA

Question 9

What must you prove for a charge of Cultivation of Prohibited Plants? S9

Answer 9

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.

Question 10

What are the elements of Permits Use of Premises OR Vehicle? S12 MoDA

Answer 10

• 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

Question 11

What does ‘any premises’ mean? Permits Use of Premises OR Vehicle

Answer 11

Land, building or structure, including its surroundings

Question 12

What must you prove for Permits Use of Premises OR Vehicle?

Answer 12

You must prove the offender knowingly permitted another person to use either their vehicle or premises.

Question 13

What are the elements of Possession of Instruments? S13 MoDA

Answer 13

• 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

Question 14

What must you prove for Possession of Instruments? S13 MoDA

Answer 14

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.

Question 15

What does S12A cover? MoDA1975

Answer 15

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.

Question 16

What is the penalty for Possession or Instruments? S13 MoDA

Answer 16

1year/$500

Question 17

What does S6 cover? MoDA1975

Answer 17

Unless authorised, no person shall

• Import/export/produce or manufacture, or
• sell/supply or administer to any person, or
• have in their possession with intent to supply or administer and controlled drug.

Question 18

What are the amounts for “possession for supply”? MoDA

Answer 18

• 0.5g of cocaine or heroin
• 5g of morphine
• 5g of methamphetamine
• 5g of MDMA
• 100 cannabis cigarettes
• 28g of cannabis material
• other controlled drugs 56grams

Must have other evidence such as

• scales
• bags
• caps
• money

Question 19

What are the class A drugs?

Answer 19

• Cocaine
• Heroin
• LSD/Acid
• MDA/MMDA
• Mescaline psilocybine
  (magic mushroom)
• Methamphetamine (P or Ice)

Question 20

What are the class B drugs?

Answer 20

• Morphine
• Opium
• Cannabis Resin (Hashish)
• Cannabis Oil
• MDMA
• Gamma-hydroxybutrate (GHB, Fantasy, GBH, GBL)

Question 21

What are the class C drugs?

Answer 21

• Cannabis Plant
• Cannabis Seed
• Cannabis Fruit
• Coca Leaf
• BZP

Question 22

What must you do when you discover a clan lab?

Answer 22

Seek advice from Police Clan-lab Specialist Group

Information they will require

• Location of suspected lab in house
• Description of any equipment seen
• Description or names of chemicals seen
• If there is any heat, or running water turned on
• If you have knocked anything over or spilt anything
• Anything the offender has told you about what is going on