PROGRESS TEST 2 Flashcards
In relation to an offence against Section 9 of the Misuse of Drugs Act 1975, what must you prove?
You must prove the identity of the suspect and that he or she cultivated a prohibited plant.
What is the difference between the offence of Obstruction contained in the Summary Offences Act 1981 and the Misue of Drugs Act 1975?
The offence of obstruction in the Misuse of Drugs Act relates specifically to obstructing anyone who is executing powers under the Misuse of Drugs Act 1975.
Under section 9(4) there is a defence to a charge of cultivation of prohibited plant. What is the defence?
It shall be defence to a charge of cultivation of prohibited plant if the person charged proves the prohibited plant was of the species Papaver somniferum, and that it was not intended to be a source of any controlled drug nor that it was being developed as a strain from which a controlled drug could be produced.
Rose owns a rural property. John her son, resides with her. John uses the spare bedroom to grow cannabis, which he then supplies to the locals. Rose is aware of John’s illegal activities but does not have any involvement in his activities whatsoever. What can Rose be charged with?
Rose can be charged under section 12(1) as she is knowingly permitted her premises (spare room) to be used by John to cultivate and supply cannabis, which is an offence against MODA 1975.
