Drug offences

Drug offences

Classification

Drugs that are subject to the provisions of the Misuse of Drugs Act 1971 (MDA 1971) are given certain classifications depending on each substance's potential effects on both the person taking it and society in general. The classifications are:

•
Class A—this includes heroin, cocaine, LSD, Ecstasy (MDMA) and methylamphetamine (crystal meth). It also includes fungus (of any kind) which contains psilocin (eg 'magic mushrooms')
•
Class B—this includes cannabis, codeine and ritalin (methylphenidate) and methylmethcathinone (mephedrone)
•
Class C—this includes ketamine, diazapam (valium) and gamma hydroxybutyrate (GHB).

Possession of controlled drugs

It is a criminal offence to be in possession of a controlled drug under the MDA 1971. The offence is triable either way.

To prove possession of a controlled drug the prosecution must show that the defendant both:

•
had a controlled drug in their possession, and
•
knew that they had something in their possession which was in fact a controlled drug

See Practice Note: Possession of controlled drugs which explains the elements of the offence of possession of a controlled drug under MDA

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