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Flashcards in Drugs Deck (13):
1

Possession or Use of Controlled Drug

Misuse of Drugs Act 1975

 Section 7(1)(a) & 7(2)(a) or 7(2)(b)

Procure

Means to purchase or obtain.
OR
Possess

Knowingly has in their possession or under their control, a usable quantity.
OR
Consume

Ingest (eat or drink).
OR
Smoke

Inhale smoke.
OR

Otherwise use

Use of a drug in any manner whatsoever other than above.

Any controlled drug

Any drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975.

2

What you need to prove for a prima facie case?

1. Possession

That the person was in possession of the controlled drug; ie able to exercise some form of control over it

2. Knowledge

That they knew what the controlled drug was or that it was a controlled drug of some type, and that it was in their possession

3. Usable quantity

That the amount of the drug was enough to be usable.

3

Questions to show knowledge?

  • What is it? (If you do not know what it is ie white powder.)
  • Whose is it?
  • Why have you got it?
  • What do you do with it?

You also to need to put direct allegations to the offender.

“I have just found a tinfoil package of cannabis in your back pocket. Why do you have it?”

4

Cultivation of Prohibited Plants

Misuse of Drugs Act 1975 

Section 9(1) & 9(2)

Cultivates 

To grow or germinate (includes to sow or plant).

A prohibited plant

Any prohibited plant listed in section 2 of the Misuse of Drugs Act 1975.

5

Permits Use of Premises or Vehicle

Misuse of Drugs Act 1975

Section 12(1) & 12(2)(a) or 12(2)(b) or 12(2)(c)

Knowingly permits 

Intentionally allows.

Any premises

Land, building or structure including its surroundings.

OR

motor vehicle

A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.

OR

other mode of conveyance

Any other means of transport.

To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975.

To be used for the purpose of an offence against the Misuse of Drugs Act 1975 (either currently or in the future).

6

Possession of Instruments - Pipes / Utensils

Misuse of Drugs Act 1975

Section 13(1)(a) & 13(3)

Has in his possession

In their possession or under their control.

Any pipe

A container where material is burnt and the smoke is inhaled. Or
Any utensil

Instrument, vessel or implement for drug use.

For the purpose of the commission of an offence against the Misuse of Drugs Act 1975

An intention on the part of the possessor to use for the purpose of an offence against the Misuse of Drugs Act 1975 (either currently or in the future).

7

Possession of Instruments - Syringe / Needle

Misuse of Drugs Act 1975

Section 13(1)(aa) & 13(3)

 

Has in his possession

In their possession or under their control.

Any syringe

Hollow tube with nozzle and piston used for sucking and injecting liquids.

OR
Any needle

Sharp pointed, hollow tube used for injecting substances.

For the purpose of the commission of an offence against the Misuse of Drug’s Act 1975

An intention on the part of the possessor to use for an offence against the Misuse of Drugs Act 1975 (either currently or in the future).’

8

Possession of equipment, material, substances

Misuse of Drugs Act 1975

section 12A(2)(a) OR 12A(2)(b) & 12A(3)(b) or 12A(4)(a)

Has in his possession

Has in their possession or under their control

Any equipment or material capable of being used in, or for, producing or manufacturing a controlled drug or in the cultivation of a prohibited plant

Possession of equipment, material, substances

OR
Any precursor substance

Any chemical substance that in itself is not a controlled drug in the Misuse of Drugs Act 1975 schedules but, when broken down, can form one of these controlled drugs

With intent to use it for producing/manufacturing / cultivating a controlled drug.

 

9

Class A Drugs

Methamphetamine ‘P’ ‘ice’ LSD (lysergide)

‘P’ is granular, similar to salt/sugar. Can range from white to yellow/orange depending on impurities

‘Ice’ is similar to rock salt crystals but can be large chunks

Mescaline

Small, fleshy, brown plant (like dried mushroom) or ground brown powder (like dirt). Tablet capsule, solution
Heroin

Powder, paste or crystal ‘rocks’ (like granulated sugar, fine flour or soap powder). May have additives. Odourless or faint vinegary smell

Thalidomide
Cocaine

White crystal powder (like Epsom salts). Street cocaine is white, light fluffy powder (often with additive). Colour ranges: pink, yellow to black solution. ‘Crack’ is light brown/beige pellets or rocks (like soap chunks). Vials or capsules. Odourless
PCP

White crystal powder or tan/brown powder to gum-like mix. Capsule, tablet, powder, liquid
Psilocybine ‘mushroom’

Dried brown mushroom or white crystal powder. Tablet, capsule, solution. Grown easily in the South Island

10

Class B Drugs

Morphine

White/light brown crystal powder. Tablet, solution. May have additives. Colourless liquid in ampoules

Opium

Gum-like mass, slightly sticky, doughy texture. Dark brown. Smells sweet and sickly (ammonia, stale urine)

Methadone

Fine white powder. Also tablet or solution form. Thick syrup

Amphetamine

White powder - also coarse or crystal ‘rocks’. Tablets, capsules. Colourless, white, light brown, yellow. Odourless liquid

Pethidine

Cannabis resin / Hashish

Hard or soft chunks or cakes. Usually wrapped in foil. Dark green/brown to black. Cannabis smell only if fresh

Cannabis oil

Thick viscous liquid. Dark (like Marmite). Green, brown or black (also red or pale yellow). Medicine capsules or sealed straws. Strong cannabis smell. Solvent smell may be present

MDMA ‘ecstasy’

Chemical name methylenedioxyamphetamine. White crystal powder or viscous pale brown liquid. Tablet, capsule or impregnated paper. Various colours and sizes

MSTs

Tablet form of morphine. Also solution. Differing colours for different strengths

GHB (Fantasy) and GBL

Clear odourless liquid, snorted or mixed in drinks

11

Class C Drugs

BZP

Chemical name Benzylpiperazine. Tablet various colours and sizes.
Cannabis fruit

Cannabis leaf

Dried, rough grass (like tobacco or herb material). Often has seeds, twigs and stems. Greyish green, greenish brown, reddish brown. Has a distinctive sweet smell

Cannabis seeds

Greyish green, round match-head size

Coca leaf

Codeine

White crystal powder. In tablets or cough mixture. Odourless

Psuedoephedrine / Ephedrine

Various colours and sizes, most common import ContacNT is a pink tablet.

12

Section 6

Miususe of Drugs Act 1975

Except for authorised people or pursuant to a licence under this Act, no person shall:

  • import/export/produce or manufacture, or
  • sell/supply or administer to any person, or
  • have in their possession with intent to supply or administer
  • any controlled drug.

13

Presumption of possession for supply

The following amounts are regarded as an indication of “possession for supply”:

0.5g of cocaine or heroin

5g of morphine

5g of methamphetamine

56g of other controlled drug

100 cannabis cigarettes

28g of cannabis.

The amounts are an indication only, to assist a prosecution. A charge of possession for supply could be bought against a person based only on the amount of material found. However, generally additional evidence is required, such as an admission or also having possession of scales, packaging material or a large amount of cash.