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Drug Offences & Police Powers Scotland

By MrR2m1, Apr 6, 2013 | |
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  1. MrR2m1
    Drugs
    Exporting

    Source: The Misuse of Drugs Act, 1971. Section 3.

    Offence: It is an offence for any person to import or to export a controlled drug.

    Powers: Arrestable offence.


    Produce

    Source: The Misuse of Drugs Act, 1971. Section 4(2).

    Offence: It is an offence for a person to produce controlled drug.

    Powers: Arrestable offence.


    Supply

    Source: The Misuse of Drugs Act, 1971. Section 4(3).

    Offence: It is an offence for a person:

    to supply or offer to supply a controlled drug to another; or
    to be concerned in the supplying of such a drug to another; or
    to be concerned in the making to another of an offer to supply such a drug.
    Powers: Arrestable offence.


    Possession

    Source: The Misuse of Drugs Act, 1971. Section 5(2).

    Offence: It is an offence for a person to have a controlled drug in their possession.

    Powers: Arrestable offence. If possession is of a Class C drug then proceeding should be by way of a summons.


    Possession with intent to supply

    Source: The Misuse of Drugs Act, 1971. Section 5(3).

    Offence: It is an offence for a person to have a controlled drug in their posession, whether lawful or not, with intent to supply it to another.

    Powers: Arrestable offence.


    Cultivate cannabis

    Source: The Misuse of Drugs Act, 1971. Section 6.

    Offence: It is an offence for a person to cultivate any plant of the genus cannabis.

    Powers: Arrestable offence.


    Occupier/management

    Source: The Misuse of Drugs Act, 1971. Section 8.

    Offence: It is an offence for a person, being the occupier or concerned in the management of any premises, to knowingly permit or suffer any:

    production or attempted production of a controlled drug;
    supply, attempt to supply or offer to supply, of a controlled drug;
    preparation of opium for smoking;
    smoking of cannabis, cannabis resin or prepared opium.
    Powers: Arrestable offence.


    Smoking Opium

    Source: The Misuse of Drugs Act, 1971. Section 9.

    Offence: It is an offence for a person:

    to smoke or otherwise use prepared opium; or
    to frequent a place used for the purpose of opium smoking; or
    to have in their possession:
    any pipes or other utensils made or adapted for use in connection with the smoking of opium, being pipes or utensils which have been used by him or with his knowledge and permission in that connection or which he intends to use or permit another to use in that connection; or
    any utensils which have been used by him or with his knowledge and permission in connection with the preparation of opium for smoking.
    Powers: Arrestable offence.


    Supply or offer to supply article

    Source: The Misuse of Drugs Act, 1971. Section 9A.

    Offence: It is an offence for a person to supply or offer 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; or which may be used to prepare a controlled drug for administration by any person to himself or another believing that the article is to be so used in circumstances where the administration is unlawful.

    Powers: Proceedings should normally be by way of a summons.

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