Drugs

Question 1

Import/Export any controlled drug
Section 6(1)(a) Misuse of Drugs Act 1975

Answer 1

Import into or export from New Zealand
Any controlled drug

Question 2

Produce/Manufacture any controlled drug
Section 6(1)(b) Misuse of Druga Act 1975

Answer 2

Produce or manufacture
Any controlled drug

Question 3

Supplying any Class A or B controlled drug
Section 6(1)(c) Misuse of Druga Act 1975

Answer 3

Supply or administer or offer to supply or administer or otherwise deal in
Any Class A controlled drug or Class B controlled drug
To any other Person

Question 4

Supplying Class C controlled drug to person under 18 year old
Section 6(1)(d) MODA 1975

Answer 4

Supply OR administer OR offer to supply OR administer
Any class C controlled drug
To any person under 18

Question 5

Sell / Offer to sell Class C Controlled Drug To Person Over 18
Section 6(1)( e) MODA 1975

Answer 5

Sell OR offer to sell
Any Class C controlled Drug
To Any Person of or over 18 years

Question 6

Possession of Controlled Drugs for Supply
Section 6(1)(f) MODA 1975

Answer 6

Have in their possession
Any controlled drug
For any purpose set out in paragraphs (c), (d) or (e) of section 6(1) MODA 1975.

Question 7

Controlled Drug

Answer 7

Any substance, preparation, mixture or article specific or described in Schedule 1, Schedule 2 or Schedule 3 and includes any temporary class drug and any controlled drug analogue. SPAM + CDA.

Question 8

Controlled Drug Analogue

Answer 8

Any substance with a structure substantially similar to a controlled drug. It has the same dangerous effects but not specifically listed in the Schedules.

Question 9

Class A drugs

Answer 9

Very high level risk - Cocaine, heroin, methamphetamine, lysergic acid (SD) psilocybin (magic mushroom)

Question 10

Class B drugs

Answer 10

High level risk - Amphetamine, MDMA, Cannabis preparation, morphine, opium.

Question 11

Class C drugs

Answer 11

Moderate level risk - Cannabis

Question 12

Guilty Knowledge

Answer 12

K.K.I - Knew about the offence, knew the substance was a controlled drug and intent to commit an offence.

Question 13

R v Stawbridge

Answer 13

Knowledge will be presumed if there is no evidence to the
contrary. The accused need to prove they acted innocently and had no
knowledge to be acquitted.

Question 14

Useable quantity

Answer 14

Possession doesn’t extend to some minute or useless residue.

Question 15

Saxton v Police

Answer 15

To import includes “to introduce or bring in from abroad or to cause to be brought in from a foreign country”.

Question 16

Produce

Answer 16

Bring something into existence from its raw materials.

Question 17

Manufacture

Answer 17

Process of synthesis. Combining raw materials to create new substance.

Question 18

R v Rua (1)

Answer 18

The words “produce” or “manufacture” broadly cover the creation of
controlled drugs by some form of process which changes the original
substances into a particular controlled drug.

Question 19

R v Rua (2)

Answer 19

Offence is complete once the prohibited substance is created, whether or not
it is in a useable form

Question 20

Supply

Answer 20

S2 MODA 1975. To furnish or provide something that is needed or desired. Supply includes distribute, give, and sell
Distribute – supply to multiple
Give – hand over to enable use
Sell – exchange for valuable consideration

Question 21

R v Maginnis

Answer 21

More than transfer of physical control. It includes enabling the recipient to apply the thing.

Question 22

R v Donald

Answer 22

Supply includes distribution of jointly owned property between its co owners.

Question 23

R v During

Answer 23

Ready on request to supply drug.

Question 24

R v Brown

Answer 24

Offence of supply exists when offer is made with intention that it
should be understood as genuine.

Question 25

R v Forrest and Forrest

Answer 25

Best evidence possible adduced from prosecution regarding age (birth certificate and ID of that person named on certificate).

Question 26

Sell

Answer 26

S6(5) MODA 1975
If person is supplied, then deemed to have sold. Exchanged for valuable
consideration.

Question 27

R v Cox

Answer 27

Possession.
2 Elements
Mental: Custody / control
Physical: Knowledge / intent