(PDF) Federal Controlled Substances Act
Added on 2021-04-17
32 Pages2583 Words38 Views
Introduction•A controlled substance refers to unlawful drug which can result in a detrimental effect being caused on the health and welfare of an individual. •Owing to these reasons, the government regulates such substances. •Any individual, who is found in possession of controlled substance, can be fined and sentenced, under the law. •Severity of punishment depends on the Class of controlled drug. Find Law, ‘What Is a Controlled Substance?’ (2018) <http://criminal.findlaw.com/criminal-charges/what-is-a-controlled-substance.html> accessed 12 March 2018
Parties: Husband and Wife •Planning to produce Methamphetamine•Decides to set up makeshift laboratory in their bathroomAnna•Same plans as Anna•Contacts Dexter to source and supply chemicals required to produce Methamphetamine Pedro
Parties: Dexter •Procures three chemicals for supplying to Pedro for producing Methamphetamine•First substance (Chemical A): Easily available, as left out by teacher for conducting lessons for that day. •Second substance (Chemical B): Procured from restricted place. Access only for Staff and not for students.•Third substance (Chemical C): Procured by force. •Punches cleaner, who dies after falling on floor due to the impact of blow.
Laws surrounding Controlled substance•Misuse of Drugs Act, 1971: Drugs are categorized as controlled drugs where they are covered under Schedule 2 of this act. •Each drug is controlled based on its chemical or proprietary name, and not its brand name. Class Part under Schedule 2Class APart IClass BPart IIClass CPart IIILeslie A King, The Misuse of Drugs Act: A Guide for Forensic Scientists (Royal Society of Chemistry 2007)
Proving that drug is controlled•In order for a claim to be brought against Anna, Pedro and Dexter, there is a need to prove that the chemicals which were found at the home, while the police was at Anna and Pedro’s home, were the ones required to produce Methamphetamine. •Using this point as a defense is not likely to succeed. •Reason for this is that production of Methamphetamine has clear set requirements.
Proving that drug is controlled•Section 7(1)(a) of the Misuse of Drugs Act, 1971 puts the burden on the prosecution to show that the drug falls out of exception. •Thus, Anna, Pedro and Dexter do not have to prove that drug is controlled. •It is for prosecution to prove this. •However, in this regard, prosecution could bring in forensic analyst.•The three chemicals in possession of Dexter could be in turn used as forensic evidence against the three.
Offences •In the present instance, no sale of controlled substance had taken place. •There was also a lack of possession of controlled substance in the jurisdiction of the Misuse of Drugs Act, 1971.•The scenario revolved around the production and occupier offences for the three parties.•Each party had certain different category of offence applicable on them.
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