VFCC DRUGS LAWS

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 cannabis oil, cocaine and crack (a form of cocaine), ecstasy, heroin, LSD, methadone, processed magic mushrooms and any

Class B drug which is injected.

Class B: These include amphetamine, barbiturates, cannabis (in resin or herbal form) and codeine.

Class C: These include mild amphetamines, 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.
Allowing premises you occupy or manage to be used for the consumption of certain controlled drugs (smoking of cannabis or opium but not use of other controlled drugs) or supply or production of any controlled drug.

N.B. Certain controlled drugs such as amphetamines, barbiturates, methadone, minor tranquillisers and occasionally heroin can be obtained through a legitimate doctor’s prescription. In such cases their possession is not illegal.

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.

Alcohol is 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) is a colourless, odourless liquid which comes in a small bottle and has sedative and euphoric effects. It is not controlled under the Misuse of Drugs Act so possession is not an offence. It is classed as a medicine so unauthorised manufacture and supply could be an offence under the Medicines Act. However, this still allows the drug to be legally imported for personal use.

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. Ketamine is a not covered by the Misuse of Drugs Act and possession is not an offence. It is a prescription only medicine under the Medicines Act meaning unauthorised supply is illegal.

Khat is 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 are not illegal to possess or eat in their raw state. It can be an offence to process them by drying and storing them, making them into a tea or infusion or cooking with them.

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.) are 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 intends to extend 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.

Anabolic Steroids are 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 purchase or use cigarettes or other tobacco products. It is an offence for a vendor to sell tobacco products to someone they know to be under 16 years old. Police also have powers to confiscate tobacco products from under 16s who are smoking in public places.

Minor Tranquillisers (librium, valium etc) are 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.

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 5 YEARS + FINE

In 1998 over 127,000 people were processed for offences under the MDA. Of these people 89 per cent were male and 11 per cent were female. 6 per cent were under 17 years old, 28 per cent were 17 to 20, 21 per cent were 21-24, 20 per cent were 25-29 and 25 per cent were aged 30 and over.

Of the 127,000 people who committed drug offences under the MDA in 1998:

50 per cent were given a police caution and not taken to court.

22 per cent were fined.

18 per cent were dealt with by other means such as suspended prison sentences, probation or supervision orders, community service orders or discharged.

9 per cent were imprisoned.

Almost 70 per cent of cases concern the possession of relatively small amounts of cannabis. This may result in a small fine but in many areas police will issue a caution (especially when it is a first offence involving young people) and not take the case to court. By 1992 over half of all drug offenders were receiving cautions and this trend has continued. A caution is noted by the police but does not count as a criminal record. It is a bit like a warning and is likely to lead to a prosecution if the offence is repeated.

In 1998 the percentage of offenders dealt with in various ways was as follows.

METHOD DEALT WITH POSSESSION SUPPLY

IMMEDIATE CUSTODIAL 5 % 45%

FINE 24% 5%

OTHER MEANS 21% 40%

CAUTIONED 50% 9%

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 larger fines than others.

Other drug laws

The Medicines Act 1968

This law governs the manufacture and supply of medicines. It divides medical drugs into three categories:
1. Prescription Only medicines are the most restricted. They can only be sold or supplied by a pharmacist if prescribed by a doctor.
2. Pharmacy medicines can be sold without a prescription but only by a pharmacist.
3. General Sales List medicines can be sold by any shop, not just a pharmacy.

Even here advertising, labeling and production restrictions apply.
The enforcement of the Medicines Act rarely affects the general public.

Customs and Excise Management Act 1979

Together with the Misuses of Drugs Act, the Customs and Excise Act penalises unauthorised import or export of controlled drugs. The maximum penalties are the same as for other trafficking offences except that in a magistrates court fines can reach up to three times the value of the drugs seized.

Road Traffic Act 1972

It is an offence to be in charge of a motor vehicle while ‘unfit to drive through drink or drugs’. The drugs can include illegal drugs, prescribed medicines or solvents.

Drug Traffickers Offences Act 1994

It is an offence to sell articles for the preparation or administration of controlled drugs – such as cocaine snorting kits. The Act also allows for the seizure of assets and income of someone who is found guilty of drug trafficking, even if the assets and income cannot be shown to have come from the proceeds of drug trafficking.

Crime and Disorder Act 1998

This new Act introduces, for the first time, enforceable drug treatment and testing orders, for people convicted of crimes committed in order to maintain their drug use.

DRUG CLASS	POSSESSION	SUPPLY
CLASS A	7 YEARS + FINE	LIFE + FINE
CLASS B	5 YEARS + FINE	14 YEARS + FINE
CLASS C	2 YEARS + FINE	5 YEARS + FINE

METHOD DEALT WITH	POSSESSION	SUPPLY
IMMEDIATE CUSTODIAL	5 %	45%
FINE	24%	5%
OTHER MEANS	21%	40%
CAUTIONED	50%	9%