Drugs Flashcards
What is meant by a controlled drug?
A drug which is subject to legal control
What search power is given to enable an officer to search for drugs as they are not covered under section 1 of PACE?
Section 23 of the misuse of drugs act 1971
Points to prove for unlawful possession?
The person knew it was there
The substance was proven to be a controlled drug
They were not lawfully entitled to possess the drug
You stop search somebody and find during the search what you suspect to be amphetamines, a controlled drug, in their pocket. In there defence they say that they did not know it was a controlled drug. Can possession still be proven?
Yes possession can still be proven. It does not matter if somebody knows a drug is controlled it is enough to be in possession of a substance and be aware of its existence.
If somebody has some drugs arriving by post and has paid for them but not yet received the drugs can control of the substance be proven?
Yes
Name some lawful reasons to possess a controlled drug
Suppliers to the pharmaceutical trade
Medical practitioners
Patients prescribed controlled drugs
Police officers
Customs officers
If a mother finds cannabis in their child’s bag and temporarily has it in their possession whilst they are on the way to either destroying it or taking it to police custody. Are they guilty of possession?
No. They will not be guilty if they are taking reasonable steps to dispose of the drug and preventing another from using it.
If a mother finds a drug in their child’s bag and is going to take it to the police station to prevent their child from taking it birthed forgets about it and leaves it in their pocket, are they then guilty of possession?
Yes they would be guilty.
During a section 23 drugs search you find drugs in tablet form in the suspects pocket.he says they were prescribed by a doctor and thought he had lost them. He later obtained another prescription. He later found the missing tablets and put them in his pocket. Is he guilty of possession?
No because the original prescribing of the drugs were lawful.
When supplying a drug, the drug actually has to be a controlled drug. If it turned out it was not a drug the offence cannot be proved. True or false?
True. The substance must be a drug and it is not enough for it to be believed to be a drug when it is in fact not.
Passing a joint around a circle of people would not make them guilty of supplying each other with drugs. True or false?
False. They would be guilty of supplying.
If there is no physical supplying of a drug but a person makes only an offer to supply are the guilty of supplying a controlled drug?
Yes they would still be guilty because the arranged to supply a drug.
In offering to supply or being concerned in the supply of a controlled drug, there does not have to be a physical drug involved, it is enough to offer to supply? True or false?
True.
