Drugs and the Law

[Dr Bunsen]

Drugs and The Law

...and first, a big apology to non-UK visitors. If you know of sites providing reasonable information about legislation in other countries, please let us know.

...and for UK visitors, before you make any decision about any legal matter you are strongly advised to consult a solicitor. There. You've been told.

UK legislation about drugs can be complicated. The most significant piece of legislation affecting individual drug users is the Misuse of Drugs Act, 1971.

The Misuse of Drugs Act, 1971.

Adopted as law in 1971, the Misuse of Drugs Act ('the Act') brought together all the different drug control legislation under one Act Of Parliament. In its own words, the Act aims 'to prevent the unauthorised use (misuse) of drugs which are being - or appear likely to be - misused and of which the misuse is having - or appears capable of having - harmful effects sufficient to constitute a social problem.

...of course, as with most things, the meanings of 'misuse', 'harmful' and 'problem' are relatively open to interpretation. It all depends on your point of view.

In 'lay' terms, the Misuse of Drugs Act 1971 is the law which makes it illegal to use a variety of drugs without authorisation. Authorisation is usually (and not always) provided by prescription, for 'medical' use.

Drugs are added to the list when they are thought to fit the criteria described by the 'aim' above, usually when there is significant concern about a significant amount of use. 'Significant' concern might be due to customs or police intelligence, or media reports, or rumours...again, I guess it depends on your point of view. One person's significant concern is another person's small-to-medium size party.

The Home Secretary can add drugs to the list of drugs controlled by the Act at any time. Swiftly. Usually on the advice of a non-governmental advisory body called the 'Advisory Council on the Misuse of Drugs'.

Domestic and International Drug Policy

The Misuse of Drugs Act 1971 is also the Act by which the UK fulfils its obligation to control drugs in accordance with international agreements.

UK drug policy is of course much wider than the Misuse of Drugs Act 1971. If you're interested in what the UK Government is up to, the current strategy is fairly explicitly described in "Tackling Drugs To Build A Better Britain". The role of Regional Government in England includes the Drugs Prevention Advisory Service to support the implementation of the strategy. There is a huge business involved in the 'prevention' and 'treatment' of 'drug problems'. Probably not quite as big as the retail illegal controlled drug business, estimated to be worth between £4bn - £15bn, depending on whose estimates you use.

I digress...

Offences and Penalties

The Act begins by defining the things it is illegal to do with the drugs it controls.

With the exception of prepared opium, the prohibited activities do not include the consumption of drugs.
Possession

Possession of a drug is by far the most commonly recorded offence. There are different types of possession:

Simple possession where you, errr, simply, possess the drug.

Past possession where you once possessed the drug, although you may no longer do so.

Joint possession which doesn't relate to joints, and does relate to jointly owning a 'pool' of drugs with other people. I guess that's an offence designed for people who are convinced that 'they can't arrest us all'. Errr...they can.

Possession with intent to supply which is brought as a charge when the court can be convinced that the drugs were not for personal use. An 'intent' charge can be brought for relatively small amounts of a drug. An ounce of cannabis in eight small bags could be used as evidence of intent to supply.
Trafficking, Importing and Exporting

"Trafficking, Importing and Exporting" includes supply, offer to supply, production and allowing premises to be used for supply.

These offences are all fairly self-explanatory. No money needs to change hands to evidence any of these offences. If you give a friend a controlled drug you are committing the offence of supplying a controlled drug. It might be important to mention that many prescribed medicines are of course controlled drugs, and only legally in the possession of the person to whom they were prescribed, and then only when taken as directed.

The "allowing premises to be used for supply" legislation is included in section 8 of the Act. Section 8 was used to convict two people working for the Cambridge 'homeless' charity Winter comfort in a trial that attracted considerable attention in the UK, and ended with the jailing of the "Cambridge two" on 21 December 1999. The important inference that was thought to have secured the conviction is that Ruth and John "knowingly permitted or suffered" supply on premises for which they were responsible because they did not take "reasonable action" to prevent it.

Unauthorised import or export are prohibited by the Act and are offences under the Customs and Excise Management Act. Fines on summary conviction can reach three times the value of the goods seized.

Someone convicted of any 'supply' offence may find that they need to prove that their assets were gained legitimately. The court can order the confiscation of any or all assets that cannot be accounted for legitimately. The realised value of confiscated assets is included in the 'seized assets fund' which the UK Government is keen to re-invest in 'drug treatment' services.

Other offences

Other offences include:

Cultivating a plant of the genus cannabis, unless licensed to do so by the Secretary of State.

Restrictions about drug use on premises that you occupy, or for which you are responsible (as a key-holder, for example) relate only to opium or cannabis; if you were aware that someone was injecting heroin you would be under no legal obligation to stop them, but you are obliged to stop the consumption of cannabis.

Supply of articles for administering or preparing controlled drugs except a hypodermic syringe, or part of one. If you do buy pipes or bongs they are of course novelty items, or will be used to smoke a legally available substance. As will king-size rizlas be used to make king-size roll-ups. And hydroponics grow-rooms be used for the cultivation of perfectly ordinary and non-psychoactive horticulture. etc. etc.
Think before you speak

What you say to a police officer can be used as evidence against you in a court of law. It's important to remember that for any police officer, information is intelligence.

It's easy to get it ever-so-wrong. If you told an arresting officer that you were looking after the drug for a friend you could suddenly be incriminating yourself with evidence of an 'intent to supply'. "Ah-ha!" says the officer "So it's not really yours at all, and you'd have been giving it back to your friend, later, then?". Bosh. Time for a little 'helping with enquiries' back at the station.

If you're arrested, do yourself a favor and speak privately to a solicitor before you discuss anything.

Classes and Schedule

Under the Misuse of Drugs Act 1971, each controlled drug is included in one of three classes - Class A, Class B or Class C. Those drugs thought to be most dangerous at the time of inclusion are placed in Class A. The criteria for 'dangerous' are not simple, and some drugs are classified fairly arbitrarily, with little or no evidence of short, medium or long term risks to health. The "General Information" page lists different drugs by Class.

The legislation provides a sliding scale of sentencing options, with offences involving Class A drugs attracting greater penalties than Class B and Class B greater than Class C. The legislation seeks to prevent availability by discouraging supply, and maximum penalties are very significant.

Drugs are also placed within one of five schedules (rather helpfully named schedule 1 through 5). The Schedule that a drug is placed in relates to its perceived medical therapeutic use. Schedule 1 drugs are thought to have no legitimate medical therapeutic use, and possession is only legitimate with a home office licence; many schedule 5 drugs are very common medicines, sold as 'over the counter' medicines by pharmacists without the need for a prescription.

Schedules determine whether a drug may be prescribed or not, and impose duties relating to record keeping, manufacturing, storage and distribution.

The majority of controlled drugs available for medical use are included in schedules 2, 3 and 4.

Schedule 1

Drugs in schedule 1 are the most stringently controlled.

Schedule 1 drugs are not authorised for medical use and can only be supplied, possessed or administered by a person authorised by a licence issued by the Home Office. Such licenses are granted for research or special purposes.

These drugs cannot be prescribed by doctors or dispensed by pharmacists.

This is the closest that British law comes to total prohibition. Drugs in schedule 1 include LSD, Cannabis and Raw Opium.

Schedule 2

It is illegal to possess drugs in schedules 2 or 3 without a prescription or other authority.

A home office licence is required to produce, import, export or supply substances in this schedule.

Schedule 2 drugs include heroin, cocaine, morphine, pethidine, quinalbaritone and amphetamine.

Schedule 3

It is illegal to possess drugs in schedules 2 or 3 without a prescription or other authority.

Schedule 3 contains the majority of barbiturates (excluding quinalbarbitone).

A home office licence is required to export or import and authority is required for production, possession and supply.

Drugs in this schedule include Diethylporpion, Mazindol, Phentermine and Buprenorphine.

Schedule 4

For drugs in schedule 4 (which includes benzodiazepines and pemoline) no prescription or other authority is required to legally possess them, so long as they are in the form of a medicinal product.

No licence is needed to import or export schedule 4 drugs, but authority is required for production and supply.

Schedule 5

Schedule 5 contains the drugs that are considered to pose minimal risk of abuse. These non-injectable small dose preparations can be purchased over the counter at a pharmacy without prescription, but once obtained it is illegal for them to be supplied to another person.

Many of these preparations include well known cough mixtures and pain killers

Maximum Penalties

The maximum penalties will obviously only be applied in cases that the Court feels warrant a maximum penalty. There are many more people receiving warnings and cautions, and whose cases never end at court.

It is of course important to remember that any criminal record will hinder access to certain professions, might limit your ability to visit or settle in another country, could affect schooling etc. etc.

...and to remember that our prisons are full of people who didn't think they'd get caught. We wouldn't want you to think for a moment that we might in any way endorse any illegal act. No Siree Bob.