Section 12A(1) / Section 12A(2)

Question 1

What must the prosecution prove for offenses against section 12A(1)?

Answer 1

(1) That the defendant has supplied, produced or manufactured:
- Equipment, Material
- or Precursors
(2) items are capable of being used to produce or cultivate controlled drugs
(3) defendant knows items are to be used for such an offense by any person.

Question 2

Equipment

Answer 2

Glassware, lights, pots, fans etc

Question 3

Material

Answer 3

Fertilizer, other chemicals

Question 4

What section deals with cultivation of a prohibited plant?

Answer 4

MODA75 Section9

Question 5

Liability for Section 12A(1)

Answer 5

MODA75 Section 12A(1)
Equipment, material, and substances used in production or cultivation of controlled drugs

(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 years]

Question 6

Liability for Section 12A(2)

Answer 6

MODA75 Section 12A(2)
Equipment, material, and substances used in production or cultivation of controlled drugs

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]