Drugs Flashcards
(29 cards)
Class A
Heroin Methadone Cocaine Crack LSD Ecstasy (MDMA) Crystal meth Megic mushrooms
Class B
Cannabis Cannabis resin Codeine Ketamine SPICE
Class C
Steroids
Valium
GHB
Khat
Temporary class drug
The home secretary can temporarily make any drug subject to temporary control
When it is being misused or having harmful effects
Comes into immediate effect
Lasts up to 12 months
Simple possession of a temporary class drug is not an offence but police can still seize it and the other offences apply
Cannabis
Class B drug
So are all products of it e.g. oil, resin etc.
Possession
Physical element - proof that the thing is in the persons custody or control
Mental element - must have knowledge that the thing in question is under their custody or control.
Just need to know they had the thing
Doesn’t matter if they don’t know what it is i.e. a controlled drug
Knowledge of having a container and knowing something is inside of it is enough.
Joint possession
Can be in joint possession if both are able to have control of it
Do the drugs form part of a common pool from which all had the right to draw?
Quantity of controlled drug
Sufficient is it is visible, tangible and measurable
Possession of a controlled drug - s5
s5 Misuse of Drugs Act 1971
Either way
It is an offence for D to have a controlled drug in his possession.
PNDs (penalty notice for disorder) can be used for possession of cannabis or khat.
Must be in custody or control and have knowledge.
Possession of controlled drug defence - s5(4)
Defences under s5(4) as well as the defences under s28
To prevent another committing or continuing to commit an offence they took reasonable steps to destroy drug or deliver drug to person lawfully entitled to possess e.g. police.
Supplying
Person to whom the drug is given must derive some benefit from being given the drug.
So if you give a drug to a friend for safe keeping that is not supplying a controlled drug.
The person being given the drug must be going to use it or sell it.
Injecting someone else does not amount to supplying.
Supplying a controlled drug - s4(3)
s4(3) Misuse of Drugs Act 1971
Either way
It is an offence to:
Supply, or
Be concerned in the supply, or
Be concerned in making an offer to supply a controlled drug.
So must be a supply or offer to supply, participation by D in an enterprise involving such supply/offer to supply and knowledge by D of the nature of the enterprise.
Offer to supply
Can be made through words or conduct
Don’t need to be in possession of the drug
Don’t need to intent to carry out the offer
Offence complete at point the offer is made
Saying ‘would you like to buy some cocaine?’ seriously is enough.
If the offer is made to an undercover police officer, the offence is still committed and D cannot claim that it was not a ‘real’ offer.
Aggravating factors for s4(3)
Courts must treat certain conditions as aggravating factors when considering the seriousness of the offence under s4(3) -
- offence committed on or in vicinity of a school
- D used a courier who was under 18 in relation to the supply to deliver
PWITS - s5(3)
s5(3) Misuse of Drugs Act 1971
Either way
It is an offence for D to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another.
Lawfully or not so includes lawful possession
Just need to intend to supply, don’t actually have to supply it
Supplying articles for administering or preparing controlled drugs - s9A
s9A Misuse of Drugs Act 1971
Summary
Offence to supply or offer to supply any article which may be used/adapted to be used in the administration by any person of a controlled drug, believing that the article is to be so used in circumstances where the administration is unlawful.
Offence designed to target people selling drug kits and ways to use drugs
But D must believe the article is going to be used that way
Ds may try to claim they didn’t believe it was to be used for controlled drugs e.g. lighting used to grow cannabis, D may say they thought it was to be used for growing tomatoes
Production of a controlled drug - s4(2)
s4(2) Misuse of Drugs Act 1971
Either way
It is an offence for a person to produce a controlled drug or be concerned in the production of such a drug.
Producing - manufacture, cultivation, converting or any other method.
Includes people cutting drugs.
Allowing someone to use your premises to produce is not being concerned in the production - there must be active participation.
Cultivation of cannabis - s6
s6 Misuse of Drugs Act 1971
Either way
It is an offence for D to cultivate any plant of the genus Cannabis.
Cultivate - requires some element of attention e.g. watering, feeding
Need to prove the plant is Cannabis and D cultivated it.
Don’t have to prove D knew it was Cannabis.
s28 defences
s28 Misuse of Drugs Act 1971 provides defences for possession, PWITS, supply, production and cultivation of cannabis.
For D to prove.
3 situations:
1 - lack of knowledge of some alleged fact - D did not know, suspect or have reason to suspect the existence of some fact e.g. didn’t know or suspect envelope he was given contained drugs.
2 - general lack of knowledge about the drug in question - D had no reason to believe it was a controlled drug
3 - conditional belief about drug in question - D was prescribed methadone and was accidentally given pethidine by pharmacist.
Regulated possession and supply
Various people need to possess, access, analyse and prescribe controlled drugs for legitimate purposes.
Misuse of Drugs Regulations 2001
Reg 4 - sets out controlled drugs which will be exempt from the main offence of importation/exportation when contained in medicinal products.
Reg 5 - allows people holding a licence issued by SoS to produce, supply, offer to supply or have in possession a controlled drug.
Reg 6 - allows anyone lawfully in possession of a controlled drug to give the drug back to the person from whom he obtained it. Would cover registered heroin addicts properly returning methadone to a chemist. Would also cover police to have a controlled drug in their possession or to supply it to someone who is lawfully allowed to have it.
Occupier or manager of premises permitting drug misuse - s8
s8 Misuse of Drugs Act 1971
Either way
It is an offence for an occupier or person concerned in the management of any premises to knowingly permit any of the following to take place on those premises -
Producing or attempting to produce
Supplying or attempting to supply
Preparing opium for smoking
Smoking cannabis, cannabis resin or prepared opium.
Occupier given common sense meaning - someone with control or authority to permit a person or prohibit activities on the premises.
Manager - runs, organises or plans the use of the premises.
Only necessary to show they knew controlled drugs were being produced, don’t have to know what specific ones.
The supply/attempt to supply and smoking of cannabis must have actually taken place.
This offence would also cover permitting the growing of cannabis plants.
Community protection notices
Provide powers to the police to close premises where drugs offences are taking place
Assisting or inducing an offence outside the UK - s20
s20 Misuse of Drugs Act 1971
Either way
It is an offence if in the UK D assists n or induces the commission in any place outside the UK of an offence concerning misuse of drugs.
Offence outside of UK must have actually took place.
Incitement - s19
s19 Misuse of Drugs Act 1971
It is an offence for D to incite another to commit any offence under the misuse of drugs act.
Person could be guilty of this if trying to incite an undercover police officer even if there was no way they would have been incited.
