Drugs Misuse and Trafficking Act 1985 (NSW) Flashcards
(24 cards)
3 Main Types of Drugs:
- Stimulants – Ice, Ecstasy, Meth Cocaine.
- Depressants – Pot, Cannabis, GHB, heroin, morphine/pethidine, codeine, methadone.
- Hallucinogens – LSD, Psilocybin.
Definitions S. 3 DMTA 1985
“Prohibited Drug”:
Any substance, other than a prohibited plant specified in
Schedule 1 of the DMTA.
Definitions S. 3 DMTA 1985 “Prohibited Plant”:
• A cannabis plant cultivated: by enhanced indoor means or, by any other means • Any growing plant of the: Genus Erythroxylon species (cocaine) or, Papaver Somniferum/Orientale/ Bracteatum species (heroin) • Any growing plant of a description specified in an order in force under subsection (2).
Definitions S. 3 DMTA 1985 “Cannabis Plant”:
Means any growing plant of the genus Cannabis (roots attached).
Definitions S. 3 DMTA 1985 “Cannabis Leaf”:
Any plant or part of a plant of the genus Cannabis by whatever name that plant or part may be called, and includes the achene and seed of any such plant.
– Does not include: Cannabis oil, any fibre of any such plant or part from which the resin has been extracted or Cannabis plant.
Definitions S. 3 DMTA 1985 “Cultivate”:
- Sow/scatter the seed produced by the plant or,
- Plant, grow, tend, nurture or,
- Harvest the plant.
Definitions S. 3 DMTA 1985 “Manufacture”.
The process of extracting or refining the prohibited drug..
Definitions S. 3 DMTA 1985 “Supply”:
• Sell, distribute, agreeing to supply, offering to supply,
keeping or having in possession for supply.
• Sending, forwarding, delivering or receiving for supply.
• Authorising, directing, causing, suffering, permitting or
attempting any of those acts or things.
S. 4 DMTA 1985 – Admixtures:
Total weight considered to be weight of the drug, not the actual amount of the active component in the drug.
S. 5 DMTA 1985 – Administer:
- Ingestion
- Injection
- Smoking
- Inhalation
- Inhalation of fumes caused by the heating or burning
- Any other means of introducing a prohibited drug into any part of the body of a person.
S. 6 DMTA 1985 – Take Part In:
• Takes, or participates in, any step, or causes any step to be
taken, in the process of that cultivation, manufacture, production or supply.
• Provides/arranges finance for any such step in that process.
• Provides the premises in which any such step is taken, or permits it if owner.
S. 7 DMTA 1985 – 3 Types of Possession:
• Exclusive (sole) possession – Physical charge of item (in a
pocket).
• De-facto possession – Item is placed where another person
may find it (secreted in a roof of parent’s house). Almost a
defence to possession, another person may have accessed it.
Joint possession – Agreement between 2 or more people to
be in custody of the item with common purpose.
He Kaw Teh simplified:
Knowledge (mens rea) =
Existence: the fact that he knew the drugs were there.
Nature: the fact that he knew the substance was a drug.
Control (actus reus) =
Exclusive/Defacto/Joint. (There must at least be defect control, however, there can be joint possession (only need one).
S. 10 DMTA 1985 – Possession of prohibited drugs:
• The accused • Had in their possession • A prohibited drug – *MUST* prove knowledge (Mens Rea) + at least defacto control (Actus Reus)
Drug Possession Quantities:
• Cannabis Leaf:
o Small – 30g
o Traffickable – 300g
• Amphetamine, Methamphetamine, Heroin & Cocaine:
o Small – 1g
o Traffickable – 3g
• LSD:
o Small – 0.0008g
o Traffickable – 0.003g
S. 11 DMTA 1985 – Possession of equipment for administration of prohibited drugs:
• The accused
• Had in their possession
• An item of equipment for use in the administration of a prohibited drug
– Does not include hypodermic needles
– MUST prove it is intended for future use
S. 12 DMTA 1985 – Self administration of prohibited drugs:
- The accused
- Administered to him/herself or,
- Attempted to administer
- A prohibited drug
S. 23 DMTA 1985 – Offences with respect to prohibited plants:
- The accused
- Cultivates, supplies or has in their possession
- A prohibited plant
S. 24(1) DMTA 1985 – Manufacture and production of prohibited drugs:
• The accused
• Manufactures/produces or,
• Knowingly takes part in manufacturing/producing
• (1A) exposes a child to that manufacturing or production process or substances related
• A prohibited drug
- Indictable drug offence.
S. 25 DMTA 1985 – Supply of prohibited drugs:
• The accused • Supplied or, • Knowingly takes part in the supply of • A prohibited drug - Indictable drug offence.
S. 29 DMTA 1985 – Traffickable quantity-possession taken to be for supply:
• The accused
• Has in their possession
• An amount of a prohibited drug not less than the traffickable quantity (“deemed supply”)
• Unless the accused proves:
o they had the drug for reasons other than possession or,
o they obtained possession with a prescription of a doctor, nurse, midwife, dentist or vet.
- Indictable drug offence.
S. 36ZD DMTA 1985 – Psychoactive Substance:
Any substance (other than a substance to which this Part does not apply) that, when consumed by a person, has the capacity to induce a psychoactive effect.
S. 40 DMTA 1985 – Effect of certain representations:
• A substance
• That is not a prohibited drug
• Which for the purpose of being supplied
• Is represented (verbally, in writing or by conduct)
• As being a prohibited drug
– Will be deemed as the prohibited drug it was originally intended to be sold as.
Cannabis Caution Criteria – (USCAN CAPTION):
U – Under 15 grams S – Sufficient evidence C – Consent to the caution A – Admits to the offence N – No other offences C – Cannot request or demand (offender can’t) A – Appropriate in the circumstances P – Personal use only (not supplying!) T – Two cautions maximum I – Identity is known O – Over 18 years old N – No previous offences for violence, DV, Drugs, Sexual
