Drug offences Flashcards
(13 cards)
Schedule 1 - Dangerous Drugs
Methamphetamine / Cocaine / Heroin / Amphetamines
What are the quantities for Commercial / Trafficable / Possession?
Over 40g (Commercial)
2g - 40g (Trafficable)
<2g (Possession)
Schedule 2
Cannabis Plant Material
What are the quantities for Commercial / Trafficable / Possession?
Over 500g (Commercial)
50g - 500g (Trafficable)
<50g (Possession)
Schedule 2
Cannabis Plants
What are the quantities for Commercial / Trafficable / Possession?
Over 20 Plants (Commercial)
5-19 Plants (Trafficable)
Under 5 Plants (Possession)
What is the definition of CULTIVATE
cultivate, in relation to a plant, includes the following:
(a) plant a seed, seedling or cutting of the plant or transplant the plant;
(b) nurture, tend or grow the plant;
(c) guard or conceal the plant, including against interference or discovery by humans or natural predators;
(d) harvest the plant, including picking any part of the plant or separating any resin or other substance from the plant.
Interpretation - Place
Does a place include a vehicle?
Yes, a place includes a vehicle.
Interpretation - Possession
In relation to a person, includes being subject to the person’s control notwithstanding that the thing possessed is in the custody of another person. (VERBATIM)
E.g. if you’re in a car which has drugs in it, they are in your possession, regardless of who actually had possession of the drugs & nobody willing to admit ownership.
Interpretation - Public Place
Public place includes any highway, premises or place (including water) to which at the material time the public have or are permitted to have access, whether on payment or otherwise, and any vehicle on or in a public place.
Interpretation - Supply
supply means:
(a) give, distribute, sell, administer, transport or supply, whether or not for fee, reward or consideration or in expectation of fee, reward or consideration; or
(b) offer to do an act mentioned in paragraph (a); or
(c) do, or offer to do, an act preparatory to, in furtherance of, or for the purpose of, an act mentioned in paragraph (a);
and includes barter and exchange.
**Simply transporting cannabis of a traffickable quantity does not substitute to supplying.
Section 7A - Possession of dangerous drug – traffickable quantity
(1) A person commits an offence if:
(a) the person intentionally possesses a substance or thing; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and
(c) the quantity possessed is a traffickable quantity.
Maximum penalty:
(a) for possession of a Schedule 1 drug – imprisonment for 7 years; or (METHAMPHETAMINE / COCAINE / HEROIN / AMPHETAMINE
(b) for possession of a Schedule 2 drug – 500 penalty units or imprisonment for 5 years.
(CANNABIS PLANT / CANNABIS MATERIAL)
(2) Absolute liability applies to subsection (1)(c).
Section 20A - When may an Infringement Notice be given?
(1) If a police officer reasonably believes a person has committed an infringement notice offence, the officer may give a notice (an infringement notice) to the person.
(2) However, a police officer must not give an infringement notice to a person unless the officer reasonably believes the person is an adult.
What are Infringement Notice offences?
Possession of…
Less than 50g Cannabis
Less than 2 Cannabis Plants
<1g Cannabis Oil
<10g Cannabis Resin
<10g Cannabis Seed
5D - Supply of dangerous drug in indigenous community – less than commercial quantity
(1) A person commits an offence if:
(a) the person intentionally supplies, or takes part in the supply of, a substance or thing to another person; and
(b) the substance or thing is a dangerous drug and the person is reckless in relation to that circumstance; and
(c) less than a commercial quantity of the dangerous drug is supplied; and (d) the dangerous drug is a Schedule 2 drug; and
(e) the dangerous drug is supplied in an indigenous community. Maximum penalty: Imprisonment for 9 years.
120C Police Administration Act
Searching Without Warrant
A member of the Police Force may, without warrant, stop, detain and search the following:
(a) an aircraft, ship, train or vehicle if the member has reasonable grounds to suspect that a dangerous drug, precursor or drug manufacturing equipment may be found on or in it
(b) any person found on or in an aircraft, ship, train or vehicle being searched under paragraph (a);
(c) a person in a public place if the member has reasonable grounds to suspect that the person has in his or her possession, or is in any way conveying, a dangerous drug, precursor or drug manufacturing equipment.
