OF15 - DRUGS Flashcards
Classes of controlled drugs
Class A = Meth, Heroin, Mushrooms, Coke
Class B = Cannabis Oil/Resin, Opium, Morphine MDMA
Class C = Cannabis Leaf/Seeds, Codeine
Indication for possession for supply
0.5g cocaine or heroin
5g morphine/meth/MDMA
100 cannabis cigarettes
28g cannabis plant material
To support a charge you usually want more EM like:
Money/scales/lists etc
Proving possession
- Possession = in a persons control
- Knowledge = “where did you get this drug from/why do you have this” is enough to show they know the drug was controlled
- Usable quantity = the amount was enough to be usable
2 ELEMENTS POSSESSION OR USE OF CONTROLLED DRUGS
Misuse of Drugs Act 1975
- PROCURE/POSSESS/CONSUME/SMOKE/OTHERWISE USE
purchase or obtain
knowingly has in their possession/under their control, a usable quantity
ingest
inhale smoke - ANY CONTROLLED DRUG
any drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975.
2 ELEMENTS CULTIVATION OF PROHIBITED PLANTS
- CULTIVATES
to grow or germinate - A PROHIBITED PLANT
3 ELEMENTS PERMITS USE OF PREMISES/USE OF VEHICLE
1.KNOWINGLY PERMITS
intentionally allows
2.ANY PREMISES OR ANY MV OR OTHER MODE OF CONVEYANCE land,building,structure wheels,tracks on which it moves any other means of transport
3.TO BE USED FOR THE PURPOSE OF THE COMMISSION OF AN OFFENCE AGAINST THE MISUSE OF DRUGS ACT 1975
Search and surveillance Act 2021
SECTION 20 = search a PLACE or VEHICLE for controlled drugs.
SECTION 21 = search PERSON in place/vehicle for controlled drugs (if s20 invoked)
RGTB controlled drug or precursor substance AND RGTS that offence has been committed AND RGTB CADD
SECTION 22 = search a PERSON for controlled drugs
RGTB person in possession AND RGTS offence committed against MODA