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Drugs and the Law


Drugs A - Z


Drugs and the Law
The Misuse of Drugs Act 1971 is the main piece of legislation covering drugs. The law places drugs into three different categories, known as Class A, B and C. Drugs regulated in this way are known as 'controlled' substances, and Class A drugs are those considered to be the most harmful, while drugs classified C are those considered not as harmful.


Under the Misuse of Drugs Act it is an offence to:

  • Possess a controlled substance unlawfully
  • Possess a controlled substance with intent to supply it
  • To unlawfully supply a controlled drug (even where no charge is made for the drug)
  • To allow premises you occupy or manage to be used for the purpose of using cannabis

Trafficking (supply) attracts the more serious of punishments, including life imprisonment for Class A offences.

The Medicines Act 1968 regulates drugs that are used for medicinal purposes, and again there are three main categories. A pharmacist can only sell 'Prescription Only' drugs, but only if they have been prescribed by a doctor. The 'General' category allows the medicines to be sold without a prescription in any shop, and a pharmacist can sell 'Pharmacy Medicines', without the need for a prescription.
Possession of 'Prescription Only' medicines without a prescription is a serious offence. Drugs such as amyl nitrite, GHB and ketamine are regulated under the Medicines Act.

The Road Traffic Act 1972 makes it an offence to drive while under the influence of drugs and drink. Drugs includes illegal and prescribed substances. Causing death by dangerous driving could lead to a long prison sentence and an unlimited fine.

Licensing Act 1964 is the main piece of legislation relating to the sale and supply of alcohol. It sets down the times alcohol may be served and who it may be served to. The act makes it illegal to sell alcohol to anyone under the age of 18 (there are some exceptions).

The Cigarette Lighter Refill (Safety) Regulations 1999 is an amendment to the Consumer Protection Act 1987. It makes it a illegal to supply gas cigarette lighter refills to anyone under the age of 18. Retailers could face a hefty fine or a prison sentence.

The Intoxicating Substances (Supply) Act 1985 makes it an offence for a retailer to sell solvents to anyone under the age of 18, knowing that they are being purchased to be abused. It doesn't make it illegal to own or buy solvents.

Children and Young Persons (Protection from Tobacco) Act 1991, along with the Children and Young Persons Act 1933, makes it illegal to sell tobacco products, which includes cigarettes, to people under the age of 16. It also makes it mandatory to display warning signs.

Customs and Excise Management Act 1979, in conjunction with the Misuse of Drugs Act, makes it illegal to import or export controlled drugs without authorisation. A successful conviction leads to the same penalties as under the Misuse of Drugs Act, although the fines can be more substantial, based on the value of the drugs seized.

Drug Traffickers Offences Act 1994 gives police the power to seize the assets and income of anyone who is found guilty of drugs trafficking, even if that income isn't related to the trafficking of drugs. It also makes it illegal to manufacture of sell equipment for the preparation or use of controlled drugs.

Crime and Disorder Act 1998 makes it legal to force offenders who are convicted of crime committed in order to fund their drug habit into getting drug treatment. It also allows for them to be tested for drug usage.

Source - www.bbc.co.uk


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