Drugs

 

Supplying Drugs

Misuse of Drugs Act 1971 s4(3)

It is an offence for a person:
(a) to supply or offer to supply a controlled drug to another in contravention of subsection (1) above, OR
(b) to be concerned in the supplying of such a drug to another in contravention of that subsection, OR
(c) to be concerned in the making to another in contravention of that subsection of an offer to supply such a drug.

Points to Prove:

(a)

(b)

(c)

Sentence:

 

Possession of Drugs

Misuse of Drugs Act 1971 s5(2)

It shall not be lawful for a person to have a controlled drug in their possession.

Points to Prove:

Either Way

 

Possession of Drugs with Intent to Supply

Misuse of Drugs Act 1971 s5(3)

It is an offence for a person to have a controlled drug in their possession, whether lawfully or not, with intent to supply it to another in contravention of section 4(1) of this Act.

Points to Prove:

Sentence:

 

Occupier/Manager Permitting Drug Use on Premises

Misuse of Drugs Act 1971 s8

A person commits an offence if, being the occupier or concerned in the management of any premises, they knowingly permit or suffer any of the following activities to take place on those premises, that is to say –

Producing or attempting to produce a controlled drug in contravention of section 4(1) of this Act;

Supplying or attempting to supply a controlled drug to another in contravention of section 4(1) of this Act, or offering to supply a controlled drug to another in contravention of section 4(1);

Preparing opium for smoking;

Smoking cannabis, cannabis resin or prepared opium.

Points to Prove:

Sentence:

 

Produce a Controlled Drug

Misuse of Drugs Act 1971 s4(2)

Subject to section 28 (defence of lack of knowledge) of this Act, it is an offence for a person-

To produce a controlled drug in contravention of subsection (1) above, OR

To be concerned in the production of such a drug in contravention of that subsection by another.

Points to Prove:

(a)

(b)

Sentence:

 

Cultivating Cannabis

Misuse of Drugs Act 1971 s6

(1) Subject to any regulations under section 7 of this Act for the time being in force, it shall not be lawful for any person to cultivate any plant of the genius cannabis.

Subject to Section 28 of this Act, it is an offence to cultivate any such plant in contravention of section (1) above.

Points to Prove:

Sentence:

 

Search Powers – Drugs

Misuse of Drugs Act 1971 s23(2)

If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this Act or of any regulations made there under, the constable may -
(a) search that person, and detain them for the purposes of searching them;
(b) search any vehicle or vessel in which the constable suspects that the drug may be found, and for the purpose require the person in control of the vehicle or vessel to stop it;
(c) seize and detain, for the purposes of proceedings under this Act, anything found in the course of the search, which appears to the constable to be evidence of an offence under the Act.