Possession Offences

Question 1

What is Section 5(1) of the Misuse of Drugs Act 1971?

Answer 1

POSSESSION

…it shall not be lawful for a person to have a controlled drug in his possession.

Question 2

What is section 5(3) of the Misuse of Drugs Act 1981

Answer 2

POSSESSION WITH INTENT TO SUPPLY

…. It is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another.

Question 3

If I had Tramadol legally in my possession and gave it to Hannah to take for a medical purpose, am I committing an offence under Section 5(3) Misuse of Drugs act 1971?

Answer 3

Yes. Because Hannah is not lawfully entitled to that drug even if I am.

Question 4

What is Section 5(3) Misuse of Drugs Act 1971 often referred to?

Answer 4

PWITS

Question 5

What are the defences for Possession under Section 28 Misuse of Drugs Act 1971? Simplified !

Answer 5

-DIDN’T KNOW HE HAD THE DRUG

-DIDN’T KNOW IT WAS A CONTROLLED DRUG

-HE WAS GIVEN THE WRONG DRUG BUT IF IT HAD BEEN THE RIGHT DRUG HE WOULD NOT BE COMMITTING AN OFFENCE.

Question 6

What are the max imprisonments for possession of Classes A, B and C?

Answer 6

A - 7 years/Fine

B - 5 years/Fine

C - 2 years/Fine

Question 7

Possession is an either way offence, True or False?

Answer 7

True.