OF15 Drugs

Question 1

Section 20

Answer 1

Question 2

Section 21

Answer 2

Question 3

Section 22

Answer 3

Question 4

What Act is relevant to drug offences?

Answer 4

Misuse of Drugs Act 1975 (MODA 1975)

Question 5

What drugs in the MODA 1975 are covered when actioning a search under ss20-22?

Answer 5

• Schedule 1
• Part One of the Schedule 2
• Part One of the Schedule 3
• Part Three of Schedule 4 (specified or described precursor substances)

Question 6

What statutory obligations must you comply with under ss20-22, Search and Surveillance Act 2012?

Answer 6

People - s125

Places/vehicles - s131, s169, s129

and RIGHTS CAUTION for detention

Question 7

Explain Section 6, Misuse of Drugs Act 1975

Answer 7

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

ANY CONTROLLED DRUG

Question 8

What are controlled drugs?

Answer 8

Controlled drugs are drugs found under Schedule 1, 2 and 3 of the MODA 1975.

Question 9

What amounts of drugs can their be a presumption of possession to supply?

Cocaine, heroin, morphine, meth, MDMA, joints, weed

Answer 9

0.5g of cocaine or heroin

5g of morphine

5g of meth

5g of MDMA

100 joints

28g of weed plant material

Question 10

What other factors should be considered in conjunction with ‘presumption of possession to supply’ amounts being met?

Answer 10

• An admission
• Possession of scales, packaging material
• Large amount of cash

Question 11

Who can decide on bail for dealing in Class A or B drugs?

Answer 11

The High Court

Question 12

What’s an available distinction for dealing Class C drugs?

Answer 12

Whether dealed to people above or below the age of 18

Question 13

Elements of ‘Possession OR Use of controlled drugs’

Answer 13

Question 14

What do you need to prove a prima facie case for ‘Possession OR use of controlled drugs’?

Answer 14

1. Possession - that the person was in possession of the controlled drugs (i.e. able to exercise some form of control over it)
2. Knowledge - that they knew what the controlled drug was or that it was a controlled drug of some type, and that it was in their possession
3. Usable quantity - that the amount of the drug was enough to be usable

Question 15

Elements of ‘Cultivation of prohibited plants’

Answer 15

Question 16

Elements of ‘Permits use of premises OR vehicle’

Answer 16

Question 17

Elements of ‘Possession of instruments’

Answer 17

Question 18

Is possessing drug utensils alone an offence?

Answer 18

No, you must also prove they had possession for the purposes of committing an offence against the MODA 1975.

Question 19

If you find someone with a bag of cannabis on them and arrest them for ‘Possesion of controlled drugs’ what would this arrest power come from?

Answer 19

s315(2)(a), Crimes Act 1961 as you have witnessed it.

Question 20

For a charge of cultivation of prohibited plants what must you prove?

Answer 20

The offender must have completed an act that promoted the germination or growth of a plant and must have known the plant was prohibited.

Question 21

What are three things to consider when prosecuting for ‘Possession of controlled drugs’ under s7, Misuse of Drugs Act 1975?

Answer 21

1. Public interest
2. Evidential sufficiency
3. Whether a health-centred or therapeutic approach would be more beneficial to public interest