Drugs

Question 1

What are the four categories of drugs? Give an example from each category:

Answer 1

First Schedule (Class A):Methamphetamine (P), LSD, Heroin, Cocaine, PCP.

Second Schedule (Class B):Morphine, Opium, Methadone, Amphetamine, MDMA, Cannabis oil/resin.

Third Schedule (Class C):BZP, Cannabis fruit/leaf/seeds, Coca leaf, Codine

Fourth Schedule (Class C): Psuedoephedrine, Ephedrine

Question 2

What are you required to prove for possession of a controlled drug?

Answer 2

Possession:
That the person was in possession, i.e. able to exercise some form of control over it.

Knowledge:
They know what the controlled drug was or that it was controlled drug of some type, and it was in their possession.

Useable quantity:
That the amount of the drug was enough to be useable.

Question 3

What are you required to prove if you charge a person with possession of instruments under the Misuse of Drugs Act 1975?

Answer 3

That the instrument was able to be used and

It was intended for some future use in an offence against the Act.

Question 4

What was the important court decision in ‘The Queen v Strawbridge’?

Answer 4

With reference to Presumption of knowledge, it is not necessary for the Crown to establish knowledge on the part of the accused.

Question 5

What does the presumption of possession to supply mean?

Answer 5

The belief that the quantity of drugs in a persons possession is for supply and not just personal use.

Question 6

What are the indicative amounts for possession to supply?

Answer 6

0.5g  Cocaine or Heroin   
5g  Morphine, Methamphetamine 
28g  Cannabis (oil/resin) 
56g  other controlled drug  
100  Cannabis cigarettes (joints, tinnies, bullets)

Question 7

What is the definition of cultivation?

Answer 7

“Cultivate” means to sow, plant, etc.

For a charge of cultivating to be proved, the offender must have known that the plant was prohibited.

Question 8

What do your powers to search without warrant under section 20, 21 and 22 of the S&S Act 2012 allow you to do?

Answer 8

S20:
Enter and search Place or vehicle if RGTB CADD will occur.

S21:
Search person in place or vehicle, while conducting S20 search.

S22:
Search person in public place if RGTB drugs/precursors present.

Question 9

Under what circumstances can you use these powers? (S20,21,22)

Answer 9

RGTB drugs/precursors are present.

Question 10

If you utilise these powers, what are your statutory obligations?

Answer 10

Must comply with obligations under S125 and/or S131.

Complete online notification S169

Must advise the person of their rights/caution, pursuant to the BoR Act 1990 because you are detaining them under an enactment.

Question 11

What would you do if a person refused to be searched under the provisions of a section 22, search without warrant?

Answer 11

Warn them that they can be arrested for obstruction if they you do onto to comply with the search.

If they continue to refuse, arrest for obstruction and carry out an 88 search for EM.