Misuse of Drugs Flashcards
What year was the Misuse of Drugs Act created?
1971
What are the 3 categories of drugs? why are they put in to classes?
Class A
Class B
Class C
They are put into class according to the potential for harm that they are thought to present to individual and society at large.
All sections from the Misuse of drugs act are triable ……? fill the blank
Either way
Define Section 5(2) Misuse Drugs Act 1971?
A person who has possession of a controlled drug without lawful authority and has knowledge that they have a substance commits an offence of unlawful possession.
What are the 4 things YOU must prove ?
1.Possession
2.Knowledge
3.Controlled Drug
4.Lawful authority
Sec 5 (4) Misuse of drugs Act 1971
A person found to have unlawful possession of a controlled drug, has a defence if it can be proved that?
What are the two defences?
-The person took possession to prevent another person committing or continuing to commit an offence,
-takes all reasonable steps to destroy or delivers to custody or lawfully entitled person
Define section 4 Misuse of drugs act 1971
It is an offence for any person unlawfully to:
Supply or offer to supply a controlled drug to another,
Be concerned in the supply of such a drug to another,
Be concerned in the making of an offer to supply a drug to another.
Section 28 Misuse of Drugs Act 1971 provides 3 general defences, what are they?
- Lack of Knowledge of the alleged fact
- Lack of knowledge of the controlled drug
- Belief that it was a drug he was entitled to produce, supply and possess.
Define section 5 (3) Misuse of drugs act 1971
It is an offence for a person to have a controlled drug in their possession, whether lawfully or not, with intent to supply it unlawfully to another.
When should an officer consider dealing with an offender by way of cannabis warning?
- The offender admits possession of the drug
- no evidence to suggest intent to supply
- no aggravating factors apply
Define Section 6 Misuse of Drugs Act 1971
It shall not be lawful for a person to cultivate any plant of the genus Cannabis.
It is an offence to cultivate any such plant in contravention of subsection (1)
What is section 23 Misuse of Drugs Act 1971?
If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of the misuse of drugs act 1971 or of any regulations made under it a constable may:
-detain for purpose of search
-search any vehicle or vessel that the drug may be found
-seize and detain anything found
What year was the Pyschoactive Substances Act found?
2016
Why was the Pyschoactive Substances Act created?
to close down shops/ online traders selling legal highs
