Psychoactive Substances Offences Overview

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is a potential risk associated with long-term smoking of cannabis?

Enhanced physical performance

Psychological dependence (correct)

Increased muscle bulk

Respiratory diseases (correct)

Which of the following is a characteristic of Phenobarbitone used in epilepsy treatment?

Users should carry documentation when using it. (correct)

It has no side effects.

It is a type of anabolic steroid.

It is physically addictive.

What are potential consequences of prolonged use of anabolic and androgenic steroids?

Inhibition of muscle growth

Increased risk of heart disease (correct)

Improved respiratory function

Decreased aggression

Which type of drug is classified as Class C?

Anabolic steroids Signup and view all the answers

How can cannabis be commonly consumed?

Smoked or cooked in food Signup and view all the answers

What is a significant concern for someone who is prescribed medication for epilepsy?

Documentation is needed to avoid medication deprivation. Signup and view all the answers

What psychological issue may arise from users of anabolic steroids?

Paranoia Signup and view all the answers

What happens to the body's defenses against physical stress with the use of certain drugs?

They are suppressed. Signup and view all the answers

What is one of the primary reasons young people engage in solvent abuse?

To seek attention or escape from problems Signup and view all the answers

Which age group is primarily associated with first trying solvent abuse?

12 to 16 years old Signup and view all the answers

What immediate physical effect does inhaling solvent vapors have on the body?

Depressed breathing and heart rate Signup and view all the answers

Solvent vapors are absorbed rapidly in which part of the body?

Lungs Signup and view all the answers

What is a major risk of deep inhalation of solvents?

Potential overdose causing disorientation Signup and view all the answers

Which of the following items commonly contains solvents?

Glues and paint removers Signup and view all the answers

Why do some individuals choose solvents over alcohol and drugs?

Solvents are cheaper and easier to obtain Signup and view all the answers

What might habitual sniffers of solvents seek beyond intoxication?

Dream-like experiences Signup and view all the answers

What does Section 4(3) of the Misuse of Drugs Act 1971 mainly address?

The offences related to supplying controlled drugs Signup and view all the answers

In the context of drug supply offences, which action is NOT required to constitute an offence?

An actual sale of drugs Signup and view all the answers

What is the implication of possession under Section 5(2) of the Misuse of Drugs Act 1971?

Possession includes items under a person's control, even if with another Signup and view all the answers

Which of the following scenarios best illustrates the offence of offering to supply a controlled substance?

Jones mistakenly offers flour believing it is cocaine Signup and view all the answers

Which of the following is true regarding the penalties related to drug offences?

They vary depending on the class of drug involved Signup and view all the answers

What defines unlawful possession under Section 5(3) of the Misuse of Drugs Act 1971?

Possessing a controlled drug with intent to supply Signup and view all the answers

What is the significance of intent in drug supply offences?

Intent does not matter in offences related to offers to supply Signup and view all the answers

Which of the following best describes the concept of 'control' in the context of drug possession?

Control includes items not physically held but managed by another person Signup and view all the answers

Under which circumstance is the aggravation of offence under Section 5 applicable?

If the transaction takes place within one hour of a school being used by children Signup and view all the answers

What must a person intend in order to commit the offence of possession of a psychoactive substance under Section 7?

To supply it to another for its psychoactive effects Signup and view all the answers

In which of the following scenarios would a person NOT commit an offence under Section 9?

Using a psychoactive substance outside a custodial institution Signup and view all the answers

What is required for police officers to exercise the power to stop and search individuals under Section 36?

Reasonable grounds to suspect an offence under sections 4 to 9 Signup and view all the answers

Which of the following is NOT classified as a custodial institution?

An educational institution Signup and view all the answers

For a person to be guilty of possession of a psychoactive substance, which of the following must they be aware of?

The psychoactive effects of the substance Signup and view all the answers

Which one of the following describes an act that would aggravate the offence under Section 5?

Selling a substance near a school during school hours Signup and view all the answers

Which scenario would likely lead to being guilty under Section 9 concerning psychoactive substances?

Carrying a psychoactive substance in a secure college Signup and view all the answers

What is the primary defense available under Section 28(3) for someone charged with unlawful possession of a controlled drug?

The defendant believed they knew they were allowed to possess that drug. Signup and view all the answers

In the provided example, why can Jordan not successfully claim a defense for possessing heroin instead of cocaine?

She knew it was a controlled substance. Signup and view all the answers

Which of the following is NOT included as a person who may be exempt from unlawful possession of controlled drugs while performing their duties?

A person casually transporting drugs for a friend. Signup and view all the answers

Under Section 28(3)(a), what must a defendant demonstrate in order to claim a lawful possession defense?

They believed they had a controlled drug they could legally possess. Signup and view all the answers

What is one reason a registered drug addict may defend themselves against a charge of unlawful possession?

They received the wrong prescription by mistake. Signup and view all the answers

Why was Section 28(3)(a) included to stop defendants from claiming a defense under Section 28(b)?

It limits defendants' ability to claim ignorance of drug laws. Signup and view all the answers

What factor is NOT required for someone to legally carry controlled drugs while performing official duties?

Having extensive knowledge of drug legislation. Signup and view all the answers

Which of the following scenarios demonstrates lawful possession of a controlled drug?

A scientist is conducting an experiment with a controlled substance. Signup and view all the answers

Study Notes

Aggravating Factors in Psychoactive Substances Offences

Transactions occurring in school areas when being used by children or young people, or within an hour of such time, are considered aggravating factors.
Permitted delivery of a psychoactive substance by a person under 18 to a third party is an aggravating factor.
Transactions occurring in a custodial institution (see section 9 for definition) are considered aggravating factors.

Possession of Psychoactive Substances with Intent to Supply

The person must be aware or suspect the substance is psychoactive.
The person must intend to supply it to another for its psychoactive effects.

Possession of Psychoactive Substances in a Custodial Institution

Custodial institutions include prisons, young offenders' institutions, secure training centres, secure colleges, offenders centres, juvenile justice centres, remand centres, removal centres, short-term holding facilities, pre-departure accommodation, and service custody premises.
The person must be in possession of a psychoactive substance within a custodial institution.
The person must know or suspect that the substance is psychoactive.
The person must intend to consume the substance for its psychoactive effects.

Stop and Search Powers

Police or customs officers have the power to stop and search individuals if they have reasonable grounds to suspect the person has committed or is likely to commit an offence under sections 4 to 9 of the Psychoactive Substances Act 2016.
The officer can search the person for relevant evidence.
The officer can stop and detain the person for the purpose of the search.
This power can be exercised in any place the officer lawfully has access to, regardless of public access.
This power can be exercised by enforcement officers when exercising powers of search under sections 37, 38, or 39, in relation to premises, or when otherwise lawfully on premises.

Solvent Abuse

Solvents are volatile hydrocarbons used in industrial processes and household products, including glues, paints, nail varnish removers, dry cleaning fluids, de-greasing compounds, and more.
Solvent abusers can be of any sex, age, or background, with most being teenagers between 12 and 16 years old.
Reasons for sniffing solvents vary, including curiosity, peer pressure, seeking attention, escaping problems, and as a cheaper alternative to alcohol or other drugs.
For most, it's a passing phase, but for some, it can become a dangerous habit.

Effects of Solvent Inhalation

Inhaled solvent vapors are absorbed through the lungs and quickly reach the brain.
The effect partially results from reduced oxygen intake.
Body functions like breathing and heart rate are depressed, and repeated or deep inhalation can lead to overdosing, causing disorientation, loss of control, and unconsciousness.
Sniffers usually recover quickly from unconsciousness.
The experience is similar to being drunk.
Habitual sniffers may seek dream-like experiences.

Cannabis

Cannabis is either resin or herbal.
The brown resin (hashish) is usually smoked mixed with tobacco in reefers or joints, or cooked into food.
The flowering heads and leaves are also smoked.
Effects include relaxation, a sense of well-being, heightened perceptions, and paranoia.
Cannabis is not physically addictive, but users can become psychologically dependent.
Long-term smoking can contribute to respiratory diseases.

Class C Drugs

Class C drugs include:
- Diethylpropion, Phentermine, and Mazindol (appetite suppressants)
- Benzodiazepines (tranquillisers such as Diazepam, Valium, Librium, Mogadon)
- Anabolic and androgenic steroids (used to increase muscle bulk and strength)
Prolonged use of these substances can lead to heart disease, liver damage, paranoia, increased aggression, suppression of the body's defences against physical stress and over-exertion, and overheating or extreme fatigue.
While not thought to be physically addictive, psychological dependency on steroids is possible.
Possession of steroids is exempt under the Misuse of Drugs Act, but it is an offence to possess with intent to supply or import.

Misuse of Drugs Act 1971

A preparation or product containing a controlled drug is deemed a controlled drug for the purposes of this legislation.
The class of drug is crucial in court as the penalty varies depending on the class.
It is an offence to supply or offer to supply a controlled drug to another, be concerned in the supplying of such a drug, or be concerned in making an offer to supply such a drug.
This offence applies regardless of the actual substance involved, even if it is not the intended drug or is an inert substance.

Unlawful Possession

It is an offence to possess a controlled drug.
It is an offence to possess a controlled drug, regardless of legality, with intent to supply it to another.

Points to Prove for Possession

For the purposes of the law, 'possession' includes anything under the control of the person, even if held by another.
There are many legal precedents on the interpretation of 'possession'.

Defences Against Possession Charges

A person can argue they did not know or suspect the substance was a controlled drug.
A person can argue they believed the substance was a controlled drug they were lawfully allowed to possess.
A person cannot argue they believed it was a different type of controlled drug if they knew it was some kind of controlled drug.

People Lawfully Exempt from Controlled Drug Possession

Postal workers or other legal carriers in the course of employment
Police officers or HM Customs and Excise officers in the course of duty
People working in laboratories for forensic examination in the course of duty
People conveying drugs to legally entitled individuals
People licensed by the Secretary of State for research
People with legally prescribed drugs
Doctors, dentists, vets, or pharmacists acting in accordance with regulations

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers the aggravating factors related to offences involving psychoactive substances, particularly in educational and custodial environments. It discusses possession with intent to supply and the implications of these actions within various institutional settings.