Misuse of drugs

Question 1

Possession of Drugs

Classification of offence
Penalty Crown or Mags

Answer 1

Class A-either way-7yrs/fine or 6mth/fine

Class B- either way-5yrs/fine or 3mth/fine

Class C - either way - 2yrs/fine or 3mth/fine

Question 2

PND- Cannabis Possession

Answer 2

Must be 18yrs & over

Cannabis Personal Use

Question 3

Section 5-Possession of Drugs

UNLAWFULLY have CONTROLLED drug in their POSSESSION

Answer 3

Warner v MPC 1969

Establish either POSSESSION or CONTROL + KNOWLEDGE + CONTROLLED DRUG

POSSESSION- visible, tangible,measurable

IRRELEVANT if accused thought they were in possession of a different substance

Question 4

Two defences to POSSESSION ONLY

Answer 4

1. To prevent another from committing offence

Take possession to DESTROY OR DELIVER DRUG

2. To deliver the drugs to a person lawfully entitled to take custody.

DELIVER ASAP

Question 5

What does C.O.P.S.P.I stand for?

Answer 5

Cannabis-cultivation
Opium- related offences 
Possession- unlawful
Supply- unlawful 
Production-unlawful
Intent-possession with INTENT to supply

Question 6

What are the 3 general offences to C.O.P.S.P.I ?

Answer 6

F.E.D

lack of knowledge of FACT- did not know/suspect

Belief that they were ENTITLED to possess.

Lack of knowledge of DRUG.

Question 7

Unlawful Production of Controlled Drugs

Penalty and Category of Offence

Answer 7

Class A- Either way- life imprisonment/fine or 6mths/fine
Class B- Either way- 14 yrs/ fine or 6mths/fine
Class C- Either way- 5yrs/ fine or 3 maths/fine

Question 8

Is allowing your kitchen to be used for the production of drugs enough to amount to being in the concerned in supply?

Answer 8

No R v Farr 1982

But adding bulking agents is PRODUCTION.

Question 9

Supply Controlled Drugs

Category of offence
Penalty

Answer 9

Class A-Either way-life imprisonment/fine or 6mth/fine
Class B- Either way- 14yrs/fine or 6mths/fine
Class C - Either way- 14yrs/fine or 3mths/fine

Question 10

Definition of Supply Controlled Drug

Answer 10

Offence to either

Supply
Concerned in Supply
Offer to Supply
Concerned in offer to Supply

In Controlled Drugs

Question 11

What are the 3 elements of Supply?

Answer 11

Element 1. Transferring control of drugs

Element 2. In a position to utilise drugs for their own purpose ie BENEFIT

Element 3. Knowledge by the accused that actions involved supply

Question 12

Is A Supplying Drugs?

B is looking after drugs as a favour to A.

Answer 12

No as B will have no BENEFIT

If B hands drugs back to A this will be a supply if A BENEFITS from the drugs

Question 13

Is this supply?

A injects B with B’s own drugs

Answer 13

Not an act of supply R v Harris 1968

Question 14

What are the two elements of offering to supply?

Answer 14

E1. Offer to supply is made

E2. Knowledge that this is drug supply

Question 15

R v Godard 1992

Answer 15

It established that it is NOT NECESSARY to have

ABILITY to actually SUPPLY

OR

INTENTION to CARRY OUT.

Merely making the offer itself is sufficient

Question 16

When is supplying Controlled Drugs Aggravated?

Section 4A

Answer 16

Committed by someone 18 yrs or older

On or in vicinity of a school at relevant time ( 1hr before school opens and 1hr after school shuts)

Used a courier under 18yrs old

Question 17

Elements in Concern in Supply are?

Answer 17

E1. Supply or offering
E2. Participation of the defendant
E3. Guilty knowledge of the defendant

Question 18

Possession with intent to supply

Category of offence
Penalty

Answer 18

Class A- either way life imprisonment/fine or 6 mth / fine
Class B- either way 14yrs / fine or 6mths/ fine
Class C-either way 14yrs / fine or 3mth/ fine

Question 19

Supply of Articles

Section 9A

Answer 19

Supplies or offer to supply any article which may be used to prepare a controlled drug for administration to either themselves or another person.

Supply or offer to supply any article used or adapted by either itself or combination in the administration by any person of a controlled drug.

Question 20

Cultivation of Cannabis
Section 6
14yrs/ fine or 6mths/ fine

What three actions are involved in the cultivation of cannabis?

Answer 20

Watering

Feeding

Artificial lighting etc

Question 21

Controlled Drugs on Premise
Category of offence
Penalty

Answer 21

Class A either way 14yrs / fine or 6mths/ fine
Class B either way 14yrs / fine or 6mths/ fine
Class C either way 14yrs / fine or 3mths/ fine

Question 22

Definition of controlled drug on premise?

Answer 22

Occupier or manager KNOWINGLY PERMITS (approves) or SUFFERS(turn blind eye) to P.C.S.O

PRODUCTION
CANNABIS OR PREPARED OPIUM
SUPPLY ANY CD
OPIUM FOR SMOKING

Question 23

Assisting or inciting offences outside the UK
Section 20
Either way 14yrs / fine or 6mths/ fine

What are the three actions?

Answer 23

Assist

Induce

Incite

Which is contrary to the laws in the other place

Question 24

Importation or Exportation of Controlled Drugs penalty

Answer 24

Class A Life imprisonment
Class B 14yrs
Class C 14yrs

Question 25

Travel Restriction orders can be opposed if convicted of which 2 offences ?

Answer 25

Drug trafficking | Inciting drugs trafficking

Question 26

Travel restriction orders prohibit the offender leaving the UK. What is the minimum and maximum of the order?

Answer 26

2 yrs min | No max

Question 27

Supplying or offering to supply psychoactive substance Either way 7yrs/fine 12mth/fine What are the offences?

Answer 27

1. INTENTIONALLY SUPPLY SUBSTANCE to another SUBSTANCE IS PSYCHOACTIVE, the person KNOWS / SUSPECTS/OUGHT TO KNOW it is and they KNOW or are RECKLESS to the fact that the substance will BE CONSUMED. 2. OFFER TO SUPPLY-KNOW or are RECKLESS to the fact that the substance will BE CONSUMED.

Question 28

Supply of Butane lighter refill Summary only 6mth or fine

Answer 28

Refill can not be supplied to under 18