The Law |
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The law relating to drugs in the UK is governed by the Misuse of Drugs Act
1971, although its application has been amended many times to keep pace
with changing
circumstances such as the appearance of new drugs of abuse.
The Act names three Classes of controlled drugs. Those drugs thought to be
most dangerous are in Class A and those thought to be less dangerous are
in Class
B or Class C.
| However, it should be noted that the likelihood of death, injury, mental disturbance or drug dependence is not necessarily any less for users of Class B or C drugs than it is for users of Class A drugs |
Class A Drugs Cocaine (including Crack) Also: Any Class B drug that is prepared for injection |
Class B DrugsAmphetamine Also: Class B drugs such as codeine and dihydrocodeine (DF118) are treated as Class A drugs when prepared for injection. |
Class C Drugs Anabolic Steroids (possession for personal use
is legal in certain circumstances) Other mild stimulants similar to amphetamines |
If a person has controlled drugs in their physical possession - or has control of them - and is not entitled to do so (e.g. does not have a prescription) then they could be charged with this offence under the Misuse of Drugs Act. The charge may be:
An offence is committed if the smallest measurable trace of drug is
involved, whether or not it is sufficient to cause intoxication.
The key elements of any offence are:
The most common offence under the Misuse of Drugs Act relating to
the supply of drugs is that of supplying a controlled
drug to another person.
If a person physically delivers a controlled drug to
another person they are supplying them with that
substance and can be charged with
that offence.
Money
does not have to be involved - it could be a gift
- drugs do not have to be sold for an offence to be committed.
The quantity of drug involved is not relevant here
- i.e. supplying even the smallest quantity of
a controlled drug is an offence.
Other offences relating to the supply of a controlled
substance are:
Possession with intent to supply:
The amount in question is not strictly relevant,
although a the possession of a large quantity of
a controlled
drug may be considered as evidence
of intent to supply. Similarly, possession of any
quantity of a drug that has been divided
into smaller quantities may be considered as evidence
of intent to supply.
Magistrates Court: |
| Crown Court: Possession - 7 years imprisonment or unlimited fine - or both. Supply (or possession with intent to supply) - Life imprisonment or unlimited fine - or both. |
| Magistrates Court: Possession - 3 months imprisonment or £2,500 fine - or both. Supply - 6 months imprisonment or £5,000 fine - or both. |
| Crown Court: Possession - 5 years imprisonment or unlimited fine - or both. Supply (or possession with intent to supply) - 14 years imprisonment or unlimited fine - or both. |
| Magistrates Court: Possession - 3 months imprisonment or £500 fine - or both. Supply - 3 months imprisonment or £2000 fine - or both. |
| Crown Court: Possession - 2 years imprisonment or unlimited fine - or both Supply (or possession with intent to supply) - 14 years imprisonment or unlimited fine - or both. Production (including cultivation - e.g. of cannabis) - 14 years imprisonment or unlimited fine - or both |