631Single offence—working out quantities if different kinds

631 Single offence—working out quantities if different kinds of controlled drug etc involved (1) This section applies if a person is charged with a single offence against this chapter that involves— (a) trafficking in 2 or more kinds of controlled drug; or (b) manufacturing 2 or more kinds of controlled drug; or (c) selling 2 or more kinds of controlled precursor; or (d) manufacturing 2 or more kinds of controlled precursor; or (e) possessing 2 or more kinds of controlled precursor; or (f) cultivating 2 or more kinds of controlled plant; or (g) selling 2 or more kinds of controlled plant; or (h) supplying 2 or more kinds of controlled drug to a child. (2) In a prosecution for the single offence— (a) the quantity of drugs or plants is a trafficable quantity if the total of the required fractions of the trafficable quantity of each of the drugs or plants is 1 or more; or (b) the quantity of drugs, precursors or plants is a commercial quantity if the total of the required fractions of the commercial quantity of each of the drugs, precursors or plants is 1 or more; or (c) the quantity of drugs, precursors or plants is a large commercial quantity if the total of the required fractions of the large commercial quantity of each of the drugs, precursors or plants is 1 or more.

(3) In this section, the required fraction of— (a) a trafficable quantity of a drug or plant is the actual quantity of the drug or plant divided by the smallest trafficable quantity of the drug or plant; and (b) a commercial quantity of a controlled drug, precursor or plant is the actual quantity of the drug, precursor or plant divided by the smallest commercial quantity of the drug, precursor or plant; and (c) a large commercial quantity of a controlled drug, precursor or plant is the actual quantity of the drug, precursor or plant divided by the smallest large commercial quantity of the drug, precursor or plant. (4) For a trafficable, commercial or large commercial quantity of a controlled drug— (a) the required fraction must be worked out on the basis of quantities of the drug in pure form; and (b) the required fraction is zero if— (i) a regulation does not prescribe a trafficable, commercial or large commercial quantity of the controlled drug; or (ii) a regulation prescribes a trafficable, commercial or large commercial quantity for a mixture of substances containing the controlled drug but not for the drug in pure form; or (iii) a regulation prescribes different forms of the controlled drug by reference to the percentage of a particular substance in the drug.