The Misuse of Drugs Act 1971

 

The Misuse of Drugs Act 1971 (c.38) is an Act of Parliament, by which the United Kingdom aims to control the possession and supply of numerous drugs and drug-like substances, as listed under the Act, and to enable international co-operation against illegal drug trafficking.

The Act is presented often as little more than a list of proscribed drugs and of penalties linked to their possession and supply. In practice however the Act establishes the Home Secretary as a key player in a drug licensing system. Therefore, for example, various opiates are available legally as prescription-only Controlled Drug medicines, and cannabis (hemp) may be grown under licence for 'industrial purposes'.

The Act creates three classes of "controlled substances", Class A, Class B and Class C and ranges of penalties for illegal or unlicensed "possession" and "possession with intent to supply" are graded differently within each class. The lists of substances within each class can be amended "by order", so the Home Secretary can list new drugs and upgrade, downgrade or delist previously-controlled drugs with less of the bureaucracy and delay associated with passing an Act through both Houses of Parliament.

Offences under the Act include:

• Possession of a controlled substance unlawfully.
• Possession of a controlled substance with intent to supply it.
• Supplying or offering to supply a controlled drug (even where no charge is made for the drug).
• Allowing premises you occupy or manage to be used unlawfully for the purpose of producing orsupplying controlled drugs.
• Drug trafficking (supply) attracts serious punishment including life imprisonment for Class A offences.

Class A drugs:

• Penalties for possession: Up to seven years in prison or an unlimited fine. Or both.
• Penalties for dealing : Up to life in prison or an unlimited fine. Or both.

 Class B drugs:

• Penalties for possession: Up to five years in prison or an unlimited fine. Or both.
• Penalties for dealing: Up to 14 years in prison or an unlimited fine. Or both.

Class C drugs:

• Penalties for possession: Up to two years in prison or an unlimited fine. Or both.
• Penalties for dealing: Up to 14 years in prison or an unlimited fine. Or both.

 

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