Legislation covered

• Misuse of Drugs Act 1971
• Misuse of Drugs Regulations 2001
•  Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) Regulations 2007 
• Misuse of Drugs (Amendments) (Cannabis and Licence Fees) (England, Wales and Scotland) Regulations 2018Customs and Excise Management Act 1979
• Criminal Justice and Police Act 2001
• Psychoactive Substances Act 2016
• Hovercraft Act 1968C
• igarette Lighter Refill (Safety) Regulations 1999
• PACE Code A (see General Police Duties) applies to the exercise of any power to search people for controlled drugs specifically included in a warrant issued under s. 23.

Topics covered

• Possession
• Possession with intent to supply
• Supplying a controlled drug 
• Being concerned in a supply 
• Offering to supply 
• Being concerned in an offer to supply
• Importation (and exportation) of a controlled drug
• Production of a controlled drug 
• Being concerned in the production 
• Cultivation of the cannabis plant 
• Permitting premises to be used for producing
• Permitting premises to be used for supplying
• Permitting premises to be used for smoking cannabis etc. 
• Supply of articles for administering controlled drugs
• Supply of articles for preparing controlled drugs for administration 
• Obstructing (or concealing or failing to produce evidence to) a constable or other authorised person
• Travel restriction orders
• Supplying a psychoactive substance
• Offering to supply a psychoactive substance
• Supply of a Butane Lighter Refill to a Person under 18
• Powers – entry, search and seizure

Knowledge test

Start by writing down the misuse od drugs legislation – as much as you know of:

s.5 Possession of a Controlled Drug

s.4 Supply of a controlled drug (included the aggravated offence)

Defences – 2 general and 3 specific

s.23 Powers or entry, search and seizure

It is written below the video so once you’ve watched the video you can check and see how much you knew correctly.

Misuse of drugs lesson video

Knowledge check

Return to the legislation you wrote out at the beginning of the lesson and see if you were correct.

s.5 Possession of controlled drugs

Subject to section 28 of this Act and to subsection (4) below, it is an offence for a person to have a controlled drug in his possession in contravention of subsection (1) above.

s.4 Supply of a controlled drug (included the aggravated offence)

Subject to section 28 of this Act, 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.

Aggravating factors:

The first condition is that the offence was committed on or in the vicinity of school premises at a relevant time.

The second condition is that in connection with the commission of the offence the offender used a courier who, at the time the offence was committed, was under the age of 18.

Defences

That, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to destroy the drug or to deliver it into the custody of a person lawfully entitled to take custody of it.

That, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of delivering it into the custody of a person lawfully entitled to take custody of it and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to deliver it into the custody of such a person.

He neither knew of nor suspected nor had reason to suspect the existence of some fact alleged by the prosecution.

He proves that he neither believed nor suspected nor had reason to suspect that the substance or product in question was a controlled drug .

He proves that he believed the substance or product in question to be a controlled drug, or a controlled drug of a description, such that, if it had in fact been that controlled drug or a controlled drug of that description, he would not at the material time have been committing any offence.

s.23 Powers or entry, search and seizure

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 [ F1 or orders] made thereunder, the constable may—

(a) search that person, and detain him for the purpose of searching him;

(b) search any vehicle or vessel in which the constable suspects that the drug may be found, and for that 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 this Act.

Make a note of anything you missed or wrote incorrectly. These will become the areas you need to work on.

Applying understanding

The following examples have a defence – True or False?

Quick review

Review the core parts of misuse of drugs with these flash cards.

Summary

Cultivation of cannabis is an offence. ‘Cannabis’ means any plant of the genus Cannabis except that it does not include cannabis resin or any of the following after separation from the rest of the plant,

(a) the mature stalk

(b) the fibre produced from mature stalk

(c) the seed

It doesn’t matter if the defendant didn’t know what they were cultivating was cannabis. What matters is that they cultivated it.

It is an offence to produce a controlled drug, or to be concerned in the production of such a drug by another. Produce means producing it by manufacture, cultivation or any other method including conversion of one form of controlled drug into another.

Possession itself is a neutral concept that does not imply guilt. There are two elements to possession; physical and mental. He must possess something and know he possesses something. Possession shall be taken to include anything subject to his control which is in the custody of another. 

Once it is known that the defendant possesses a drug (both the physical and mental elements are proven), it must then be shown that there is possession of a controlled drug. It is not necessary to distinguish between the various chemical forms of the drug. In terms of quantity, the House of Lords suggested that if something is ‘visible, tangible and measurable’, that may be sufficient to prove possession.

There are 5 defences. 2 general and 3 specific. The first general defence is taking possession to prevent another from committing or continuing to commit an offence (then destroying it or delivering it to someone lawfully entitled to take custody of it) and the second is taking possession of what is known or suspected to be controlled drug to deliver it into the custody of a person lawfully entitled to take custody of it. In both cases it must happen as soon as possible.

The three special defences are in relation to lack of knowledge of a fact (you don’t know a particular fact which would need to be proved e.g., you are in possession of a substance), lack of knowledge about the drug (you know you have something but don’t know it’s a controlled drug) and a conditional belief about the drug (you’ve picked up the wrong drug, but if it had been the right one, you wouldn’t be committing an offence).

It is an offence to supply or offer to supply, or be concerned in the supplying, or be concerned in the making to another of an offer to supply a drug. When a drug is supplied, someone derives a benefit from being given the drug.

Aggravation of the offence of supply applies if the offender had attained the age of 18 and either the offence was committed on or in the vicinity of school premises at a relevant time (any time when the school premises are in use by persons under the age of 18 and one hour before the start and one hour after the end of any such time), or, the offender used a courier who, at the time the offence was committed, was under the age of 18.

“School premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school. Courts can decide what is included in the “vicinity” of a school.

A person uses a courier if he causes or permits the courier to deliver a controlled drug to a third person, or to deliver a drug related consideration to himself or a third person. A drug related consideration is a consideration of any description which is obtained in connection with the supply of a controlled drug, or is intended to be used in connection with obtaining a controlled drug, e.g., money or goods.

With possession with intent to supply, it doesn’t matter if possession is lawful, what matters is the lawfulness of supply. 

Supplying Articles for Administering or Preparing Controlled Drugs occurs when a person supplies or offers to supply any article which may be used or adapted to be used in the administration by any person of a controlled drug to himself or another, believing that the article is to be so used in circumstances  where the administration is unlawful. It is also an offence to supply or offer to supply any article which may be used to prepare a controlled drug. It is not an offence to supply or offer to supply a hypodermic syringe, or any part of one. Legislation also lists the many cases when supply of a controlled drug is lawful.

A person commits an offence if, being the occupier or concerned in the management of any premises, he knowingly permits or suffers any of the following activities to take place on those premises:

• Producing or attempting to produce a controlled drug,
• Supplying, attempting or offering to supply a controlled drug 
• Preparing opium for smoking,
• Smoking cannabis, cannabis resin or prepared opium.

An occupier includes someone who can exclude persons or prevent prohibited activities on the premises. “Knowingly permits or suffers” covers a whole spectrum of conduct, which includes (a) actual knowledge of what was taking place, (b) wilful blindness by shutting ones eyes to the obvious and (c) recklessness. There must be proof of the activity itself not just the mere giving of permission for the activity.

When a court sentences an offender for a drug trafficking offence, and the term of imprisonment is 4 years or more, it is the duty of the court to consider whether it would be appropriate to include the making of a travel restriction order. The order prohibits the offender from leaving the UK at any time in the period which begins with the offender’s release from custody and continues after that time for a period of not less than two years.

A psychoactive substance stimulates or depresses a person’s central nervous system, affecting the person’s mental functioning or emotional state. A person commits an offence if he intentionally supplies the substance, he knows or suspects (or ought to know or suspect) the substance is psychoactive, and he knows (or is reckless to whether) the substance is likely to be consumed by someone for its psychoactive effects. It is also an offence to offer to supply – the offence is in the offer, and this would include an advertisement to sell the substance. 

No person shall supply any cigarette lighter refill canister containing butane or a substance with butane as a constituent part to any person under the age of eighteen years. There is no requirement to believe or suspect the person to be under 18.

In relation to powers of entry, search and seizure, a constable or other person authorised has the power to enter the premises of a person and to demand the production of any books or documents relating to dealings in any such drugs and to inspect any stocks of any such drugs. If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug, the constable may search that person and detain him for the purpose of searching him, stop and search any vehicle or vessel in which the constable suspects that the drug may be found and seize and detain anything found in the course of the search which appears to be evidence of an offence under the act.

If a warrant authorises the search of premises only, that in itself will not give the officers authority to search people found on those premises. However, where the warrant authorises the search of premises and people, officers may seek, by no more force than is necessary, to restrict the movement of those in occupation of the premises while those premises are being searched. A warrant issued under s. 23 of the act, lasts for a period of one month.

A person commits an offence if he intentionally obstructs a person, conceals from a person any such books, documents, stocks or drugs, or without reasonable excuse fails to produce any such books or documents.

What next…?

Before completing the 20 questions below and rather than review the topics above any further at this point, move on to study another topic. This will give you time to find out how much you have actually remembered, and which areas have been forgotten.

Suggested topics –

Drink, drugs and driving

Return to misuse of drugs at a later date and write out s.4, s.5, s.23 and defences (before reading anything else), then check them against the legislation above. Any areas of weakness need to be returned to after a further break. Remember to keep extending the gap between reviewing work. Spaced repetition is the key.

20 questions

Now you have returned to burglary after studying other topics, take the quiz to see how much information you have retained.