UK drug laws and how they might affect you
The laws controlling drug use are complicated but there are three main acts that regulate the availability in the UK. These are The Misuse of Drugs Act 1971; The Psychoactive Substances Act 2016; and the Medicines Act 1968.
Government statistics show that during the year ending March 2023, police forces recorded 178,639 drug offences. The Crown Prosecution Service said: "Drug misuse harms the health and wellbeing of too many people.
"There are a number of different criminal offences which restrict the supply and use of harmful substances. It is illegal to possess, supply and produce controlled drugs. It is also illegal to import or export drugs, or to allow your premises to be used for drug production."
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The ECHO has taken a look at the three principal drugs laws in the UK.
The Misuse of Drugs Act 1971
This act, the most well-known when it comes to regulations on the availability of drugs, is intended to prevent the non-medical use of certain drugs. For this reason it controls drugs with no current medical use. These are known as "controlled" drugs. The law defines a series of offences ranging from: unlawful supply; intent to supply, import or export and unlawful production. The act divides drugs into three classes - class A, B and C.
Class A - cocaine, heroin, morphine, oxycodone, fentanyl, MDMA ("ecstasy"), methamphetamine, LSD, DMT, mescaline extract, and psilocybin (magic mushrooms).
Class B - amphetamines, barbiturates, cannabis and cannabis resin.
Class C - GHB; tramadol; cathinone; and anabolic steroids.
Penalties under this act are the strictest. Maximum sentences differ according to the nature of the offence. They also vary according to how harmful the drug is. Class A drugs can result in a maximum of a life sentence for supply and seven years for possession. Class B carries a maximum of 14 years plus a fine for supply, while possession can result in five years and a fine. Class C drug supply can also result in a maximum of a 14 year sentence, while possession carries the possibility of two years.
Psychoactive Substances Act 2016
This act came into force in May 2016 after receiving royal assent in January of the same year. The act:
makes it an offence to produce, supply, offer to supply, possess with intent to supply, possess on custodial premises, import or export psychoactive substances; that is, any substance intended for human consumption that is capable of producing a psychoactive effect. The maximum sentence will be 7 years’ imprisonment
excludes legitimate substances, such as food, alcohol, tobacco, nicotine, caffeine and medical products from the scope of the offence, as well as controlled drugs, which continue to be regulated by the Misuse of Drugs Act 1971
exempts healthcare activities and approved scientific research from the offences under the act on the basis that persons engaged in such activities have a legitimate need to use psychoactive substances in their work
includes provision for civil sanctions – prohibition notices, premises notices, prohibition orders and premises orders (breach of the 2 orders will be a criminal offence) – to enable the police and local authorities to adopt a graded response to the supply of psychoactive substances in appropriate cases
provides powers to stop and search persons, vehicles and vessels, enter and search premises in accordance with a warrant, and to seize and destroy psychoactive substances
Producers and suppliers can be given a notice or order that can last up to three years. Being in breach of an order is a criminal punishable by a prison sentence of up to two years, an unlimited fine, or both.
The Medicines Act 1968
This statute governs the manufacture and supply of medicine, dividing medical drugs into three categories. Prescription only medicines are the most restricted meaning they can only be sold or supplied by a pharmacist if supplied by a doctor.
Pharmacy medicines can be sold without a prescription but only by a pharmacist, while general sales list medicines can be sold by any shop. However, there are advertising, labelling and production restrictions. The enforcement of the Medicines Act rarely affects the general public.