The Misuse of Drugs Act 1971 sets out the bulk of legislation relating to illegal drugs in the UK and serves to prevent the use and supply of non-medical drugs. The act refers to drugs as ‘controlled substances’ and defines each drug into different classifications. There are three categories of classifications, most regularly referred to as classes. The class of drugs range from A to C, with Class A drugs being considered the most serious and C being the least.
Misuse of Drugs Act Offences
The Misuse of Drugs Act outlines a number of drug-related offences, as listed below:
- Possession of a controlled substance
- Possession with the intent to supply (sell) the drug to others
- Producing, manufacturing or growing controlled substances
- The sale or supply of drugs to another person
- Offering to supply controlled substances to a third party
- Importing or exporting of controlled substances
- Allowing the consumption, cultivation or manufacture of controlled substances on a premises owned or managed by the individual
The Supply of Drugs
The Misuse of Drugs Act sets out that providing illegal drugs to another person constitutes as the supply of a controlled substance. This means that money does not need to have exchanged hands in order for a charge to be made. What is more, the amount of the drug that is supplied is not relevant to a charge of supplying drugs. The supply of a small amount of a controlled substance will be liable for the appropriate charge.
This makes supply the most common offence charged for under the Misuse of Drugs Act.
Possession with Intent to Supply
An offence of possession with the intent to supply occurs when an individual is found to be in possession of illegal drugs, and it is considered that their intention is to supply the substance to others as opposed to possession for personal use.
The police have certain indicators that alert them to the likely intent to supply, including large amounts of a substance being split into smaller packages and cash stores.
Penalties for Misuse of Drugs Act Offences
Those who are found guilty of a Misuse of Drugs Act offence are liable to receive a fine and prison sentence depending on the class of drug and particulars of the charge.
- Class A Penalties – An individual who is found in possession of a Class A drug is liable for a prison sentence of up to 7 years and an unlimited fine. Those who are charged with the supply of Class A drugs can face a maximum of life imprisonment and an unlimited fine.
- Class B Penalties – A person found guilty of possessing a Class B drug can receive up to 5 years in prison and an unlimited fine. Those who supply this category of drug face a prison sentence of up to 14 years and an unlimited fine.
- Class C Penalties – Possession of a Class C drug has a liability of up to 2 years in prison and an unlimited fine. Those found to supply Class C drugs are liable for up to a 14 year prison sentence and an unlimited fine.
Exceptions
The law is complex with regards to drugs as some substances are covered by legislation whereas others are not. Those not previously mentioned are detailed below.
- Alcohol – It is a criminal offence for someone to sell alcohol to a person under the age of 18 years old. 14 year olds are legally allowed to enter a pub without an adult, but they are not allowed to consume alcohol. If having a meal, a 16 year old is legally allowed to buy and drink beer, cider, perry or port as long as they are seated in a specific area. Some locations have by-laws that make it illegal for alcohol to be consumed in public places, regardless of age.
- Poppers – Poppers are not referred to in the Misuse of Drugs Act, and it is not illegal for a person to buy or possess them. Poppers are regarded as a medicine, and so they are governed by the Medicines Act 1968.
- GBL – officially named as gamma-Butyrolactone offers euphoric effects and is recognised by the Misuse of Drugs Act as a controlled substance. However, GBL is also used legitimately for industrial purposes and so those who have the required business registration are authorised to sell and possess it. It is a criminal offence for a person to supply GBL if they do not have the appropriate business registration.
- Solvents – Solvents such as glue, aerosols and gases can be purchased, used and possessed legally at any age. However, it is illegal for a vendor to sell solvents to a customer under the age of 18 in England and Wales if they know they will be used for the purpose of intoxication. The law was extended further in 1999 to make the sale of lighter fluid (butane) to under 18’s illegal regardless of its intended use.
- Anabolic Steroids – These steroids are recognised as a controlled substance under the Misuse of Drugs Act. They are classified as a class C drug, but the legalities surrounding them are complex. A person who supplies or sells steroids to another person will always be in breach of the law. However, in most cases, charges relating to only the possession or use of anabolic steroids will be waived, meaning that prosecution for use or possession is unlikely.
For further information, see:
Misuse of Drugs Act 1971 (legislation.gov.uk) [1]
Misuse of Drugs Act 1971 – Wikipedia [2]
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