Offences (other than Liabilities)

Question 1

Conspiring to deal with controlled drugs

Answer 1

Section 6(2A), misuse of drugs act 1975

Every person who conspires with any other person to commit an offence against subsection (1) of this section, commits an offence against this act and is liable on conviction to imprisonment for a term –

(a) when the drug or one of the drugs is Class A - 14 years imprisonment
(b) not Class A and when the drug or one of the drugs is class B - 10 years imprisonment
(c) not exceeding seven years in any other case

Question 2

Equipment, material, and substances used in production or cultivation of controlled drugs

Answer 2

Section 12A, misuse of drugs act 1975

(1) every person commits an offence against this act who supplies, produces, or manufactures –
(a) Any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or
(b) Any precursor substance –

Knowing that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions

7 YEAR IMPRISONMENT

(2) every person commits an offence against this act who has in his or her possession –
(a) any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or
(b) any precursor substance –

With the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision

5 YEARS IMPRISONMENT

Question 3

Cultivation of prohibited plants

Answer 3

Section 9, misuse of drugs act 1975

Except pursuant to a licence under this act, or as otherwise permitted by regulations made under this act, no person shall cultivate any prohibited plant

7 YEARS IMPRISONMENT

Question 4

Use of premises or vehicle

Answer 4

Section 12, misuse of drugs act 1975

(1) Every person commits an offence against this act who knowingly permits any premise or any Vessel, aircraft, hovercraft, motor vehicle, or any other mode of conveyance to be used for the purpose of the commission of an offence against this act

(2) PENALTY
(a) when the drug or one of the drugs is Class A - 10 years imprisonment

(b) not plus a, and when the drug or one of the drugs is class B - 7 years imprisonment
(c) not exceeding 3 years in any other case

Question 5

Obstruction

Answer 5

Section 16, misuse of drugs act 1975

Every person commits an offence against this act who wilfully obstructs, hinders, resists, or deceives any other person in the execution of any powers conferred on that other person by or pursuant to this act

This offence relate specifically to obstructing anyone who is executing powers pursuant to the misuse of drugs act 1975

Question 6

Restriction on possession of prescription medicines

Answer 6

Section 43, medicines act 1981

(1) no person shall, without reasonable excuse, import, procure, receive, store, use, or otherwise have in his possession, any prescription medicine
(5) every person commits an offence against this act who contravenes subsection (1) of this section

Question 7

Offences relating to use or disposal of needles and syringes

Answer 7

Regulation 11, health (needles and syringes) regulations 1998

(1) every person commits an offence who –
(a) Offers to any other person, for use by that other person, a used needle or use syringe; or
(b) Accept for use a used needle or used syringe; or
(c) Disposes of a needle or syringe in a public place

Question 8

Offences relating to sales of needles and syringes

Answer 8

Regulation 12, health (needles and syringes) regulations 1998

(1) every person commits an offence who, not being a pharmacist, a pharmacy employee, an approved medical practitioner, or an authorised representative, sells or supplies or attempts to sell or supply a needle or syringe to any other person who –
(a) Is not a pharmacist, a pharmacy employee, and approved medical practitioner and, or an authorised representative; or
(b) Is a pharmacist or pharmacy employee who is prohibited under regulation 3(2) from selling new needles and new syringes
(2) every person commits an offence who, being a pharmacist or pharmacy employee, sells or supplies or attempts to sell or supply a needle or syringe to any other person otherwise in accordance with regulation 3
(3) every person commits an offence who, being a pharmacist or pharmacy employee who is prohibited under regulation 3(2) from selling new needles and new syringes, sells or supplies or attempts to sell or supply a needle syringe to any other person
(4) every person commits an offence who, being an approved medical practitioner, sells or supplies or attempts to sell or supply a needle or syringe to any other person otherwise than in accordance with regulation 4
(5) every person commits an offence who, been an authorised representative, sells or supplies or attempts to sell or supply a needle or syringe to any other person otherwise than in accordance with regulation 5