OF15: Controlled Drugs Flashcards
What are the 5 main offence categories for Controlled Drugs?
- Dealing
- Possession
- Possession of instruments
- Cultivation
- Permitting premises to be used
List some Class A drugs
- Meth
- LSD
- Mushrooms
- Heroin
- Cocaine
- PCP
Amounts for ‘Indication of Supply’
- 0.5 grams Cocaine
- 5 grams Meth
- 5 grams MDMA
- 28 grams Cannabis
What are some examples of ‘other evidence’ that may be needed to prove intent to supply?
- Admission
- Scales
- Packing materials
- Large amounts of cash
Elements for ‘Possession OR Use of controlled drug’
- Procure OR
- Possess OR
- Consume OR
- Smoke OR
- Otherwise use
- Any controlled drug
Meaning of procure?
Purchase or obtain
Meaning of consume?
Ingest
What do you need to prove to charge for Controlled Drug Offences?
- Possession
- Knowledge
- Usable quantity
When does someone have ‘Possession’ of a drug?
Able to exercise control of it
Elements of ‘Cultivation of Prohibited Plants’
- Cultivates
- A prohibited plant
Elements for ‘Permits use of premise OR permits use of vehicle’
- Knowingly permits
- Any premises OR 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 must you prove to charge for ‘Permits’?
That they knowingly permitted another person to use vehicle or premise
Elements for ‘Possession of instruments’
- Has in his possession
- Any pipe OR syringe OR utensil OR needle
- For the purpose of the commission of an offence against the Misuse of Drugs Act 1975
What must you prove to charge for ‘Possession of Utensils’?
That it is capable of use, that they were using it or intending to use it in the future
Powers to Search and Seize?
Search and Surveillance Act 2012
Section 20- Place/Vehicle/Drugs
Section 21- Occupants/Drugs
Section 22- People Public Place