Substance abuse offences Flashcards
(34 cards)
What is one of the purposes of the Drugs and Drugs Trafficking Act 140 of 1992?
To provide for the prohibition of the use or possession of, or the dealing in, drugs.
What did the Constitutional Court declare unconstitutional regarding the Act?
Aspects of the offences related to cannabis, based on the unjustifiable limitation on the right to privacy
What are the two most important offences created in the Act?
(a) Dealing in drugs and (b) the use or possession of drugs.
Which offence is more serious: dealing in drugs or possessing/using drugs?
Dealing in drugs is a more serious offence.
Into how many categories does the Act divide drugs?
A: Three categories:
(a) dependence-producing substances,
(b) dangerous dependence-producing substances, and
(c) undesirable dependence-producing substances.
Which substances fall under the dangerous dependence-producing category (b)?
Coca leaf, morphine, opium, and opiates.
Which substances fall under the undesirable dependence-producing category (c)?
Cannabis (dagga), heroin, and Mandrax.
What does Section 4 of the Act provide regarding possession or use of drugs?
No person shall use or have in possession any dependence-producing substance or any dangerous or undesirable dependence-producing substance, unless justified by statutory grounds.
What is an example of a statutory ground of justification for the possession or use of drugs?
If X is a patient who has acquired the substance from a medical practitioner or pharmacist.
What additional statutory ground of justification did the Constitutional Court add for cannabis?
An adult using or possessing cannabis in private for personal consumption in private.
What does Section 13 of the Act state?
Any person who contravenes the provisions of section 4(a) or (b) shall be guilty of an offence, and Section 17 lays down the penalties for such offences.
What are the elements of the offence under the Act?
(a) The act (possession or use),
(b) a drug,
(c) unlawfulness
(d) intention.
What does the word “use” include under the Act?
Smoking, inhalation, injection, or ingestion of drugs.
What are the two ways in which possession can be proved under the Act?
(i) Possession in the ordinary juridical sense and
(ii) the extended meaning given in section 1 of the Act.
What are the elements of possession in the ordinary juridical sense?
Physical or corporeal element (corpus or detentio) and mental element (animus).
What does the extended meaning of “possession” in Section 1 include?
To keep or store the drug, or to have it under control or supervision.
What is the difference between possessio civilis and possessio naturalis?
Possessio civilis: control with the intention of keeping it as an owner;
Possessio naturalis: control without the intention of keeping it as an owner, e.g., acting as a custodian.
What types of drugs fall under the offence of possession or use?
Dependence-producing substance, dangerous dependence-producing substance, or undesirable dependence-producing substance.
When can the possession or use of a drug be considered lawful?
If justified by statutory grounds or general principles such as necessity.
What are some examples of statutory grounds of justification?
Acquiring the drug from a medical practitioner, dentist, veterinarian, or pharmacist.
What form of culpability is required for the offence of possession or use of drugs?
Intention.
What is the punishment for using or possessing a dependence-producing substance?
Any fine the court may deem fit to impose, or imprisonment for a period not exceeding five years, or both.
What is the punishment for using or possessing a dangerous or undesirable dependence-producing substance (such as dagga)?
A: Any fine the court may deem fit to impose, or imprisonment for a period not exceeding 15 years, or both
Why is dealing in drugs considered a more serious offence than using or possessing drugs?
If there were no dealer, there would be no drugs available to be used or possessed. Dealers commit prohibited acts for personal gain, unlike addicts.
