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Drugs and the Law
What are the UK Drug Laws?
The Misuse of Drugs Act 1971
The laws controlling drug use are complicated. The Misuse of Drugs Act (MDA) regulates what are termed controlled drugs. It divides drugs into three classes as follows:
Class A:
These include, cocaine and crack (a form of cocaine), ecstasy, heroin, LSD, methadone, methamphetamine (crystal meth), magic mushrooms containing ester of psilocin and any Class B drug which is injected.
Class B:
These include amphetamine (not methamphetamine), barbiturates, codeine and cannabis.
Class C:
These include anabolic steroids and minor tranquillisers.
Class A drugs are treated by the law as the most dangerous. Offences under the Misuse of Drugs Act can include:
* Possession of a controlled drug.
* Possession with intent to supply another person.
* Production, cultivation or manufacture of controlled drugs.
* Supplying another person with a controlled drug.
* Offering to supply another person with a controlled drug.
* Import or export of controlled drugs.
The law is even more complicated by the fact that some drugs are covered by other laws, are not covered at all or treated in an exceptional way under the Misuse of Drugs Act.
Maximum penalties under the Misuse of Drugs Act are as follows:
Drug Class |
Possession |
Supply |
| Class A | 7 years + fine | Life + fine |
| Class B | 5 years + fine | 14 years + fine |
| Class C | 2 years + fine | 14 years + fine |
What happens to people who commit drug offences varies in different parts of the UK? Police forces in some areas are more likely to caution than in other areas. Some local police forces are more likely than others to charge people and take them to court. What happens in courts also varies. Some courts are more likely to give out custodial sentences or large fines than others.
UPDATE 24-1-12 - new sentencing guidleines come into force on 27-1-12 regardless of when you were first arrested. click here to read in conjunction.
Alcohol
Not illegal for an over 5 year old to consume away from licensed premises. It is an offence for a vendor to knowingly sell to an under 18 year old. A 14 year old can go into a pub alone but not consume alcohol. A 16 year old can buy and consume beer, port, cider or perry (but not spirits) in a pub if having a meal in an area set aside for this purpose. In some areas there are by laws restricting drinking of alcohol on the streets at any age. Police also have powers to confiscate alcohol from under 18s who drink in public places.
GHB (gammahydroxybutyrate)
A colourless, odourless liquid which comes in a small bottle and has sedative and euphoric effects. It is controlled under the Misuse of Drugs Act so possession is an offence.
Ketamine
Usually comes as a powder. The initial rush is usually followed by feelings of dissociation and an anaesthetic type experience. It is commonly used as an animal tranquilliser and for surgery on animals. As of January 1st 2006 Ketamine is a class C Drug under the Misuse of Drugs Act 1971.
Khat
A plant that is grown in eastern Africa and the Arabian peninsula. Chewing the leaves has a stimulant effect. Some Khat is imported to the UK and sold in greengrocers, specialist health food shops and some ‘head’ shops. The Khat plant (the main form in which khat is sold) is not covered under the Misuse of Drugs Act and possession or supply is not an offence.
Magic mushrooms
Now a Class A drug under the Drugs Act 2005. " fungus (of any kind) which contains psilocin or an ester of psilocin". This does not include Fly Agaric which is still legal.
Poppers (liquid gold, amyl or butyl nitrite)
Are not covered by the MDA and are not illegal to possess or buy. They are often sold in joke and sex shops but also in some pubs, clubs, tobacconists and sometimes music or clothes shops used by young people. Though not fully tested in court, the Medicines Control Agency has stated that poppers is regarded by them as a medicine and so falls under the Medicines Act 1968. This allows only licensed outlets, such as chemists, to sell the drug.
Solvents (aerosols, gases, glues etc.)
Not illegal to possess, use or buy at any age. In England and Wales it is an offence for a shopkeeper to sell them to an under 18 year old if they know they are to be used for intoxicating purposes. The Government has extended this legislation to make it illegal for shopkeepers to sell lighter fuel (butane) to under 18s whether or not they know it will be used for intoxicating purposes. This law came into force on 1st Oct 1999, although it was not an ‘extension’ to the Intoxicating Substances Supply Act, but an amendment to the Consumer Protection Act
Anabolic Steroids
Controlled under the Misuse of Drugs Act as class C drugs but their legal status is complicated. In most situations the possession offence is waived meaning that people who possess or use steroids without a prescription are unlikely to be prosecuted. However, in some areas of the UK police have successfully prosecuted people for possession of steroids when the steroids have not been in the form of a medicinal product. It is always an offence to sell or supply steroids to another person. People can also be prosecuted for possession with intent to supply if they have large quantities of steroids without a prescription for them.
Tobacco
It is not an offence for people of any age to use cigarettes or other tobacco products. It is an offence for a vendor to sell tobacco products to someone they know to be under 18 years old. Since 1st July 2007 smoking in public places has been banned in the UK.
Minor Tranquillisers (librium, valium etc)
Controlled under the Misuse of Drugs Act as Class C drugs but the possession offence is waived so that it is not illegal to possess or use them without a prescription. It is an offence to sell or supply them to another person. The exception is temazepam and rohypnol tranquillisers which are illegal to be in possession of without a prescription.
Penalties
Section 8 Amendment
* administration or use of any controlled drugs
* supply of any controlled drug
* the production or cultivation of controlled drugs, such as growing cannabis
2005 - Drugs Act
This Act came into force on 1st January 2006. It includes the following clauses:
• Compulsory drug-testing of arrestees where police have “reasonable grounds” for believing that Class A drugs were involved in the commission of an offence. Failure to comply with this testing is itself an offence and positive tests can lead to compulsory drug treatment assessment.
• The inclusion of fresh Liberty Cap or “magic” mushrooms in Class A of the Misuse of Drugs Act. Before this Bill, only dried or prepared mushrooms were considered illegal.
• The Act has also linked drug legislation with measures to deal with Anti-Social Behaviour so that anyone given an Anti Social Behaviour Order must undergo compulsory testing and drug treatment.
Customs and Excise Management Act 1979
Road Traffic Act 1972
Drug Trafficking Act 1994
Crime and Disorder Act 1998
Possessing cannabis - cannabis is now classified as a Class B drug
Over 18s
If caught in possession of cannabis, as well as considering arrest and confiscating the drug police are likely to:
* give you a cannabis warning for a first offence of possession
* give you a Penalty Notice for Disorder (an on-the-spot fine of £80) for a second offence
* arrest you if it is the third time you have been caught with cannabis; this could lead to conviction and a criminal record.
Aged between 10 and 17
If you're caught in possession of cannabis, the police will confiscate the drug and may arrest you or refer you to a Youth Offending Team (YOT). The police are also likely to:
* give you a reprimand and tell your parents what has happened if it is the first time you’ve been caught
* give you a final warning and refer you to a YOT if it's your second offence
* arrest you if it is the third time you have been caught with cannabis, which could lead to a conviction and a criminal record
Intent to supply and dealing
Punishments for supplying drugs are a lot tougher than those for possession. You should also remember that supplying drugs doesn't just apply to dealers. If the police think you intended to share drugs with your friends, this is still considered as supplying.
The police are more likely to charge you if they suspect you intended to supply drugs, but will still take into account the amount of drugs that you had and your criminal record.
The maximum sentences for intent to supply drugs are:
* up to life in prison or an unlimited fine (or both) for a Class A drug
* up to 14 years in prison or an unlimited fine (or both) for a Class B or Class C drug
UPDATE 24-1-12 - new sentencing guidleines come into force on 27-1-12 regardless of when you were first arrested. click here to read in conjunction.
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