MISUSE OF DRUGS
- Created by: Rae1803
- Created on: 11-01-21 12:45
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- MISUSE OF DRUGS
- POSSESSION OF A CONTROLLED DRUG MISUSE OF DRUGS ACT 1971 SECTION 5
- EITHER WAY
- CLASS A - 7 YEARS / FINE OR 6 MONTHS / FINE
- CLASS B - 5 YEARS / FINE OR 6 MONTHS / FINE
- CLASS C - 2 YEARS / FINE OR 6 MONTHS / FINE
- IT IS AN OFFENCE FOR A PERSON TO HAVE A CONTROLLED DRUG IN HIS POSESSION
- MAGIC MUSHROOMS NOT ALWAYS UNLAWFUL
- PICKED BY A PERSON ALREADY IN POSESSION
- PICKED BY SOMEONE TO DELIVER IT TO THE CUSTODY OF A LAWFUL BODY
- SECTION 5 DEFENCES
- PREVENT ANOTHER FROM COMMITTING THE OFFENCE
- TOOK POSSESSION TO DELIVER TO A LAWFUL BODY
- DURESS IS NOT A DEFENCE
- HAD CUSTODY OR CONTROL OF ITEM AN THEY KNEW IT
- EITHER WAY
- SUPPLYING A CONTROLLED DRUG MISUSE OF DRUGS ACT 1971 S.4(3)
- EITHER WAY FOR SUPPLY OR PWITS
- CLASS A - LIFE OR FINE / 6 MONTHS OR FINE
- CLASS C - 14 YEARS OR FINE / 3 MONTHS OR FINE
- SUPPLY OR OFFER TO SUPPLY DRUG TO ANOTHER
- PARTICIPATION IN ENTERPRISE TO SUPPLY
- PROOF OF SUPPLY IS PREREQUISITE FOR CHARGE
- SUPPLYING = DISTRIBUTING
- IF SUBSTANCE IS NOT A DRUG AND THE OFFER IS MADE THE OFFENCE IS COMPLETE
- EITHER WAY FOR SUPPLY OR PWITS
- POSESSION WITH INTENT TO SUPPLY (PWITS) MISUSE OF DRUGS ACT 1971 SECTION 5 (3)
- LAWFULNESS IS IRRELEVANT FOR POSESSION BUT MUST PROVE SUPPLY
- EITHER WAY FOR SUPPLY OR PWITS
- CLASS A - LIFE OR FINE / 6 MONTHS OR FINE
- CLASS C - 14 YEARS OR FINE / 3 MONTHS OR FINE
- DEFENDANTS BELIEF OF DRUG TYPE NEED NOT MATTER
- PARAPHENALIA IS NOT PROOF OF PWITS HOWEVER CAN BE USED AS EVIDENCE OF DRUG USE
- UNEXPLAINED WEALTH / LARGE SUMS OF MONEY CAN BE USED AS EVIDENCE BUT NOT COMPLETE PROOF
- F - FACT E-ENTITLED D-DRUG ITSELF
- CULTIVATION OF CANNABIS MISUSE OF DRUGS SECTION 6
- EITHER WAY 14 YEARS / FINE OR 6 MONTHS
- watered / fed / given artificial light
- plant does not need be cannabis / cultivation is enough
- POSSESSION OF A CONTROLLED DRUG MISUSE OF DRUGS ACT 1971 SECTION 5
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