The law relating to drugs is becoming increasingly complex and fast changing. A key piece of law involved is the Misuse of Drugs Act 1971.
Anyone who breaks the laws governing drugs risks getting a criminal record that may seriously affect their future, for example by limiting job prospects or putting restrictions on travel to other countries.
If a police officer has reasonable grounds to suspect you are carrying an illegal drug, you can be stopped and searched and may be taken to a police station for this to be carried out.
There are three types of offence under The Misuse of Drugs Act:
1. Possession
This includes having the drug on you or with you, or having control over a drug, such as within your house, locker or car and extends to having someone else look after it for you.
2. Intent to Supply
Whether you are in lawful (e.g., prescribed for you) or unlawful possession of a drug, it is an offence if you decide to give or sell that drug to someone else.
3. Supply
It is an offence to give, sell or share an illegal drug with someone else.
Supply includes:
- Passing drugs among your mates
- When you or your mates club together to bulk buy and you go off to buy the gear on their behalf
- Even giving just one pill to a friend counts as dealing and can lead to a lengthy prison sentence
Courts take a dim view of those involved in dealing even on a small-scale basis. High level or mid level dealers will inevitably face a prison sentence if caught. This is also true of the smaller, street-level dealer.
Increasingly attempts have been made to see drug users as more victims of the drug trade rather than the cause. Consequently, Arrest Referral schemes have been developed to offer routes into treatment. Drug Treatment and Testing Orders provide treatment based packages for those motivated to undergo treatment for their substance misuse whilst in Probation.
Implications of a drug conviction
Not only the fine in a local court but also:
- A conviction is recorded against you for a number of years
- Employers will probably take a dim view of such a conviction, affecting how you will get a job
- Emigration to some countries in the world is impossible after even the most minor of drugs convictions
- Holidays in Spain and other countries are not permitted: you will be refused entry
- You will be 'known to the Police'
This separates out drugs into three classes A, B and C. For Class A and B drugs you can be arrested on the street, for Class C drugs offences you would receive a summons.
Class A Drugs
Opiates and Opioids such as Methadone liquid, Physeptone (tablets and ampoules containing Methadone), Pethidine, Morphine, Diamorphine and Heroin powder
Slang names include: Smack, Dragon, Horse, Tiger, Powder
Hallucinogens such as prepared magic mushrooms, LSD (microdot, capsule or other form)
Slang names include: Magic mushrooms, trippers, acid,
Cocaine and crack cocaine. Slang names include: Snow, Base, Crack, Wash, Rocks, Coke, White
MDMA - Ecstasy and similar chemical compounds
Slang names include: Dove, E's, Pills
Maximum Penalties for Class A Drug Offences:
Possession - 7 years imprisonment, a fine or both
Supply - life imprisonment, fines or both
Class B Drugs
- Amphetamines (unless prepared for injection in which case it is a class A drug)
Slang names include: Uppers, Sweets, Whizz
- Cannabis (to be reclassified as Class C probably later in the year)
Slang names include: Grass, Hash, Pot, Dope, Joint, Hemp, Draw, Skunk
Maximum Penalties for Class B Drug Offences:
- Possession - 5 years imprisonment or a fine or both
- Supply - 14 years imprisonment, a fine or both
Class C Drugs
This class involves a whole range of substances, mainly pharmaceutical preparations. Many of these are from the Benzodiazepine group of sedatives (e.g. Temazepam) and anti-depressants.
- The better known drugs in this class include the following: Librium, Distalgesic, Valium, Ativan, Mogadon, Phentermine, Halcion, Ritalin
Maximum Penalties for Class C Drug Offences:
- Possession - 2 years imprisonment, a fine or both (unless you can prove that they are on prescription)
- Supply - 5 years imprisonment, a fine or both