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UK Law in Sedition, Obscenity and Blasphemy
Perverting the Course of Justice
Prosecution For Assaulting a Police Officer
Security Guards for Shoplifting
Removal of Art From Public Place
Obtaining Property By Deception
Being Drunk as a Criminal Defence
Sexual Offences and Age of Consent
Electronic Communications Offences
Unauthorised Access to Computer Material
Unauthorised Modification of Computer Programs Data
Fraud In Information Communication Technology
The Misuse of Drugs Act 1971 is the main body of legislation concerning illegal drugs in the UK and was enacted with the intention to prevent the non-medical use of certain drugs. The act therefore covers all kinds of drugs even those without medicinal uses. Drugs subject to the act are known as “controlled substances” which are split into different classifications and which the use of is illegal.
Under UK Law the different types of illegal drugs are split into three distinct categories, or classes as they are more commonly known. The classes are titled A to C with A being the most serious and C being the least serious, but, still illegal.
The following drugs are deemed Class A drugs under the Misuse of Drugs Act:
Ecstasy
LSD
Heroin
Cocaine
Crack Cocaine
Magic Mushrooms
Methadone
Meth Amphetamine (Crystal Meth)
Any Class B drug, e.g. amphetamine, if prepared for injection
The following drugs are deemed Class B drugs under the Misuse of Drugs Act:
Amphetamines
Cannabis
Codeine
Methylphenidate (Ritalin)
Pholcodine
The following drugs are deemed Class C drugs under the Misuse of Drugs Act:
Tranquilisers
Some painkillers
Gamma Hydroxbutyrate (GHB)
Ketamine
Each of the drugs listed above are illegal, whereas Class A are considered to be the most harmful and therefore treated as the most dangerous under the Act.
Offences under the Misuse of Drugs Act can include the following:
Possession of a controlled substance
Possession with intent to supply
Production cultivation or manufacture of controlled substances
Supplying another person with a controlled substance
Offering to supply another person with a controlled substance
Import or export of controlled drugs
Allowing premises you occupy or manage to be used for the consumption of certain controlled substances. This includes only the smoking of cannabis or opium and does not extend to the use of other controlled substances
Allowing premises you occupy or manage to be used for the supply or production of any controlled substance or substances
A person will be charged with this offence under the Misuse of Drugs Act if they have the controlled substance in their physical possession, for example in their pocket, or they have control over them without permission to do so. In the case of certain medical drugs an individual would need a prescription to prove they had the requisite permission. An individual could be charged with the following:
Possession – knowingly having it on your person
Joint Possession – owning drugs with various other people
Past Possession – previously in possession of a controlled substance. This can used if an individual threw away the controlled substance which was subsequently found by the police.
For possession to be proven there is no consideration regarding the amount of the drug, all that needs to be proven is that the individual had the controlled drug in their possession and that they were aware of having it in their possession.
Simply providing the controlled substance to another individual would fall under the offence of supply under the Misuse of Drugs Act. A common misconception is that money is required to change hands for it to be considered supply. This is not the case, simply giving it to another person will be construed as supplying it. It could be a gift with no money involved at all – a sale of the drug does not have to take place in order for an offence to be committed.
Another common misconception in relation to supply is that it relates to the amount of drug supplied. Simply supplying any small amount to another person will be considered supply under the act and receive the requisite charge.
For these reasons supply is the most common offence under the Misuse of Drugs Act.
This offence is where someone is found with a controlled substance in their possession and it is deemed that it is not for their personal use but will be supplied to others.
Another misconception is that possession with intent to supply depends purely on the amount of the controlled substance in the person’s possession but there is not a definition within the Misuse of Drugs Act which specifies that this is the case. Often when an individual is caught with a substantial amount of the controlled substance in their possession the police will infer that they intended supply. Another indicator that is used for possession with intent to supply is whether the larger amount is split up into smaller amounts. This would suggest supply. This is however left up to the discretion of the police involved to establish.
Manufacture of a controlled substance without a license is an offence under the Act and includes the cultivation of cannabis plants.
Offences under the Misuse of Drugs Act carry both prison sentences and fines depending on the class of drug and particular offence.
For possession an individual will receive up to seven years imprisonment or an unlimited fine or is some cases both. For supply an individual will receive the possibly of life imprisonment or an unlimited fine or in some cases both.
For possession an individual will receive up to five years imprisonment or an unlimited fine or in some cases both. For supply an individual will receive up to 14 years imprisonment or an unlimited fine or in some cases both.
For possession an individual will receive up to two years imprisonment or an unlimited fine or in some cases both. For supply an individual will receive up to 14 years imprisonment or an unlimited fine or in some cases both.
Most countries have a drug addiction treatment program in place for people who are addicted to drugs that are classified as illegal.
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