PyschoActive Substances and Prescribed Restricted Substances

Question 1

What is the definition of psychoactive substance under s.36ZD DMTA?

Answer 1

Defined as any substance listed in Schedule 4 of the Poisons Standard

And any substance listed in Appendix D of the NSW Poisons and Therapeutic Goods Regulation 2008 (NSW).

Question 2

Where do you find the definition of pyschoactive substance?

Answer 2

s.36ZD DMTA

Question 3

What is s.36ZF of the DMTA 1985?

Answer 3

Offence of supplying or manufacturing psychoactive substances

Question 4

What are the elements of ‘Offence of supplying or manufacturing psychoactive substances’?

Answer 4

The accused

Manufacture / knowingly manufacture

Psychoactive substance

Knowing it’s being supplied for human consumption

Be reckless in supply

> Or<

The accused

Supply

Psychoactive substance

Knowing it’s been acquired for human consumption

Be reckless in acquisition

Question 5

What section covers ‘Offence of supplying or manufacturing psychoactive substances’?

Answer 5

s.36ZF DMTA

Question 6

What section is the possession of Prescribed Restricted Substances?

Answer 6

s.16(1) PTGA 1966

Question 7

What is your powers of detention and search with regards to?

Answer 7

s.43B PTGA - Powers of detention and search
A member of the police force may stop, search and detain:
any person in whose possession or under whose control the member reasonably suspects there is, in contravention of this Act, any prescribed restricted substance,
Any vehicle in which the member reasonably suspects there is any prescribed restricted substance which is, in contravention of this Act, in the possession or under the control of any person.

Rank of Sergeant and above / or in charge of a police station or vessel
enter into any part of any vessel or aircraft, and
search and inspect the vessel or aircraft.

Question 8

What are the elements of possession of Prescribed Restricted Substances

Answer 8

The accused
Possessed or attempted to obtain possession of
A prescribed restricted substance
Without lawful excuse

Question 9

What are some drugs of addiction under s 8?

Answer 9

MS Contin (morphine)
OxyContin (oxycodone)
Ritalin (dexamphetamine)
Methadone (used to treat heroin addiction)
Buprenorphine (also used to treat heroin addiction)
Xanax (Alprazolam)