The word ‘cocaine’ when used in Part I of Schedule 2 to the Misuse of Drugs Act 1971 is used in the generic sense so that it includes the specific forms, derivatives or preparations of it which come within the wording of paragraphs 2 to 5 of Part I of the Schedule.
Lawton LJ said: ‘It follows that ‘cocaine’ can be a natural substance or a substance resulting from a chemical transformation; but both substances are cocaine. In our judgment the word ‘cocaine’ as used in paragraph 1 is a generic word which includes within its ambit both the direct extracts of the coca leaf, the natural form, and whatever results from a chemical transformation. Paragraphs 2 to 5 of Part I of the Schedule, in our judgment, deal with the various kinds of substance which can result from chemical transformations. It is significant that in each of these paragraphs what is referred to is a chemical form ‘of a substance specified’. What sections 2 and 5(3) are dealing with are ‘substances or products’. This case is concerned with the substance ‘cocaine’ which may have a number of forms but they are still cocaine.’
Judges:
Lawton LJ
Citations:
[1983] 1 WLR 1124
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – The Attorney General for the Cayman Islands v Roberts PC 21-Mar-2002
(Cayman Islands) The Attorney General appealed against the overturning of a conviction of the defendant for the supply of drugs. A substance had been found under a stone in the defendant’s yard, which had been certified to contain cocaine . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 06 May 2022; Ref: scu.182414