Misc Drug Offences

Question 1

Which sections deals with the production, supply and possession of drug making equipment and precursor substances?

Answer 1

s12A(1): Supply or production of equipment or precursor substances
s12A(2): Possession of equipment or precursor substances

Question 2

Give examples of some precursor substances:

Answer 2

Acetic anhydride (heroin)
Lysergic acid (LSD)
Ephedrine/pseudoephedrine (methamphetamine)

Question 3

What needs to be proved for a charge of supplies/produces equipment/precursor under s12A(1)?

Answer 3

1. That the defendant has supplied, produced or manufactured equipment, material or precursors.
2. That those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants.
3. That the defendant knows those items are to be used for such an offence.

Question 4

What needs to be proved for a charge of possesses equipment/precursor under s12A(2)?

Answer 4

1. That the defendant has equipment, material or precursors in their possession.
2. That those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants.
3. That the defendant knows those items are to be used for such an offence.

Question 5

What is the act, section and punishment for ‘Cultivation of Prohibited Plants’?

Answer 5

s9 MODA 1975

7 years’ imprisonment

Question 6

What is the act, section and elements for ‘Use of Premises or Vehicle’?

Answer 6

s12 MODA 1975

1) Everyone who
2) Knowingly permits
3) Any premises OR vessel, hovercraft, motor vehicle, or other conveyance
4) To be used for the purpose of the commission of an offence against this Act

Question 7

What is the act and section for ‘obstruction of officers’?

Answer 7

s16 MODA 1975

Question 8

What is the act and section for the offence use of needles?

What are the three ways the offence can be committed?

Answer 8

s11 Health (Needles and Syringes) Regulations 1998

1) Offers a used needle
2) Accepts a used needle
3) Disposes of a used needle in a public place

Question 9

What are the presumption for supply amounts for the most common drugs?

Answer 9

Schedule 5 MODA 1975:

Heroin: 0.5g
Cocaine: 0.5g

LSD: 2.5mg / 25 flakes

Meth: 5g
MDMA: 5g / 100 tablets
Cannabis resin/extract: 5g

Cannabis plant: 28g or 100 cigarettes

Where are controlled drug is not specified the presumption amount is 56g