MISUSE OF DRUGS ACT 1981 - SECT 5
MISUSE OF DRUGS ACT 1981 - SECT 5
5 . Offences concerned with prohibited drugs and prohibited plants in relation to premises and utensils
(1) A person who
—
(a)
being the occupier of any premises, knowingly permits those premises to be
used for the purpose of —
(i)
the manufacture or preparation of a prohibited drug or
prohibited plant for use; or
(ii)
the manufacture, preparation, sale, supply or use of a
prohibited drug or prohibited plant;
or
(b)
being the owner or lessee of any premises, knowingly permits those premises to
be used for the purpose of using a prohibited drug or prohibited plant; or
(c) is
knowingly concerned in the management of any premises used for any of the
purposes referred to in paragraphs (a) and (b); or
[(d) deleted]
(e) is
found in any place which is then being used for the purpose of smoking a
prohibited drug or prohibited plant other than cannabis,
commits a simple
offence.
(2) In subsection (1)
—
owner , in relation to any premises, includes the
person entitled to receive the rent of those premises and the person to whom
the rent of those premises is paid.
(3) A person does not
commit a simple offence under subsection (1)(a), (b) or (c) by reason only
that premises are being used for the purpose of the manufacture, preparation,
sale, supply or use of a prohibited drug or prohibited plant if the person
proves —
(a) that
the manufacture, preparation, sale or supply of the drug or plant was
authorised under this Act or the Medicines and Poisons Act 2014 ; or
(aa)
that the preparation, sale or supply of the drug was by a person authorised
under the Voluntary Assisted Dying Act 2019 to prepare, sell or supply the
drug; or
(b) that
the use of the drug or plant was by a person authorised under this Act, the
Medicines and Poisons Act 2014 or the Voluntary Assisted Dying Act 2019 to
use the drug or plant.
[Section 5 amended: No. 52 of 2003 s. 28; No. 44
of 2010 s. 4; No. 56 of 2011 s. 5; No. 13 of 2014 s. 170; No. 27 of 2019 s.
182.]