Drugs

Question 1

Who can you lawfully possess controlled drugs?

Answer 1

The following when acting in their duty

• police officer
• customs officer
• carriers e.g DHL delivery driver
• Forensic science lab personnel
• post office employees

Or anyone who has been lawfully prescribed controlled drugs or conveying the drug to someone who can lawfully have possession of that drug.

Question 2

What is the legislation for possession of a controlled drug?

Answer 2

Section 5(2) Misuse of Drugs Act 1971
A person commits as offence who: has possession of a controlled drug without lawful authority and has knowledge that they have the substance.

Question 3

What are the points you must prove to say someone has unlawful possession of a controlled drug?

Answer 3

1. The accused has the drugs in their possession
2. The substance is a controlled drug
3. They had no authority to possess it
4. They knew they had the substance
5. They knew or had reason to believe it was a controlled drug

Question 4

What is the legislation for supply of a controlled drug?

Answer 4

Section 4 misuse of drugs act 1971:
A person commits an offence who: unlawfully supplies or offers to supply a controlled drug or is concerned in the supply of such a drug to another or is concerned in the making of an offer to supply such a drug to another.

Includes distribution

Question 5

What is the legislation for possession with intent to supply a controlled drug?

Answer 5

Section 5(3) misuse of drugs act 1971:

A person commits an offence who: has a controlled drug in their possession whether lawfully or not with intent to supply it to another.

Question 6

What is section 23 misuse of drugs act (MDA)?

Answer 6

If a Constable had reasonable grounds to suspect that any person is unlawfully in possession of a controlled drug, he may:

• search the person (and detail for search)
• search vehicle or vessel in which suspected drugs may be found
• seize and detain for the purposes anything found in a search which appears to the Constable to be evidence of an offence of the MDA