S6(1)(f) MODA 75 Possession of Controlled Drugs for Supply

Question 1

Describe Joint Possession

Answer 1

When one or more person has access to drugs of saleable quantity, they may be charged jointly with possession. HOWEVER, in such a situation you must prove that here was a shared intention to SELL the drugs.

Question 2

Describe Attempted Possession

Answer 2

It is an offence to attempt to gain possession of a drug, a charge which covers someone obtaining something innocuous in the mistaken belief that it is a drug.
Ie Purchased a plastic bag containing a plant material he though was Cannabis. However, after analysis was only hedge clippings, the person is still liable for attempted possession.

Question 3

In drug cases additional evidence of INTENT to supply may be inferred. List 3

Answer 3

• Admissions
• Circumstantial evidence (packaging scales cash tick lists)
• The statutory presumption under S6(6) MODA 75

Question 4

List the presumptive amounts for the following known common controlled drugs.

Answer 4

Heroin 0.5 g
Cocaine 0.5 g
LSD 2.5 mg or 25 flakes, tablets etc
Methamphetamine 5 g
MDMA 5 g, 100 flakes, tablets
Cannabis resin (oil) 5 g
Cannabis Plant 28 g or 100 cigarettes

Question 5

Where are controlled drug is not specified in schedule 5 of this act, What is the presumptive amount?

Answer 5

56 g