|
Cannabis Campaigners' Guide News Database result:
|
|
UK: Drugs Mark Oliver Guardian Unlimited Friday 06 Jul 2001 Increasing numbers of politicians are supporting the decriminalisation of cannabis and other drugs. But what are the UK's drug laws? Mark Oliver explains What are the basic UK laws on drug taking? In the UK it is not strictly illegal to take drugs, only to unlawfully produce them, have them in your possession or pass them to someone else. The central legislation aimed at impeding drug taking is the Misuse of Drugs Act (1971) which divided drugs into three categories (A-C) depending on how dangerous they were perceived to be at that time. Class A drugs, which include heroin, methadone, cocaine, processed magic mushrooms and LSD, are believed to be the most dangerous and therefore carry the highest penalties. Cannabis is a class B drug alongside amphetamines. Class C drugs include mild amphetamines, tranquillisers (such as temazepam, Valium) and anabolic steroids. The law prohibits possession and supply, with harsher penalties for the latter. The drugs already mentioned are known as controlled drugs because of their addictive nature or where they are known to cause other social harm. There are nearly two hundred named substances that fall under this category plus numerous chemical variations. But some drugs have medicinal properties - how does this fit in with the law? One of the most difficult balancing acts of creating drug legislation is to stop misuse without prohibiting correct usage, as the vast majority of drugs have medicinal properties. A recurring argument in the cannabis debate is that sufferers of diseases such as MS claim to be able to use it to manage pain. Within the current drugs laws are five "schedules", which list drugs according to who may lawfully produce, import, export, possess or supply them. For example, some class C drugs are legal to possess. Temazepam, for example, is a Class C drug, listed under schedule 4. It may be possessed, provided it is in a medicinal form. What are the penalties for drugs misuse? The classes of controlled drugs are used to determine the maximum sentences in relation to specific drug offences. For example, the maximum sentences available on indictment for possession of drugs are seven years for class A, five years for class B and two years for class C. In cases which go beyond simple possession of controlled drugs, the penalties are more severe. When tried on indictment, the maximum sentences for supplying class A, B or C drugs are life imprisonment, 14 years, and five years respectively. These penalties also apply to smuggling controlled drugs - an area legislated by the Customs and Excise Management Act (1979). There is also the Drug Trafficking Act (1994) which was designed to strip traffickers of assets so they do not profit from drug smuggling. If defendants can not provide satisfactory explanations of the source of assets the court can make confiscation orders. However, in all cases maximum sentences are seldom imposed and average sentences for offences are much lower, depending on the individual circumstances of the case. Are drugs cases dealt with by magistrates or crown courts? Almost all drug offences are triable "either way" before magistrates or a jury in the crown court. In practice, however, unless very small quantities are involved, cases which go beyond simple possession are usually tried before the crown court. Cases which come before magistrates are restricted to terms of imprisonment of not more than six months and/or maximum fines of £5,000. There is no financial limit on fines imposed by the crown court but in practice they tend to be linked to the accused's ability to pay. What constitutes possession? This means having drugs in your physical possession or having control of drugs. If you leave drugs in a suitcase in a hotel, you do not possess drugs physically, but legally, you still have control of the drugs. Legal possession of drugs involves knowledge. Conveying a drug to someone who is entitled to have the drugs in their possession is not an offence. Nor is taking possession in order to destroy them, by a teacher for example. In order to prove possession, the prosecution have to identify the drug precisely - cannabis resin or amphetamine sulphate, for example. Normally, this is done by sending drugs away for scientific analysis. If you are in possession of, for example, a quantity of white powder which you think is cocaine, you may be charged with possession of cocaine, even if, on analysis, it turns out to be amphetamine sulphate. Joint possession is another classification. If you own a pool of drugs with other people - cannabis for example, then handing a joint round the group does not amount to supply. Is there any softening on cannabis possession? This week, police in the borough of Lambeth, south London, which includes Brixton, began a policy of not charging people for possessing small quantities of cannabis. Those caught with small amounts will receive a warning, and have the drug confiscated and their names kept on file locally. But the record cannot be cited in future court proceedings. What constitutes supply? The prosecution may try to establish intent to supply in various ways. In some cases, the quantity of drugs involved is obviously too large for personal use. In other cases, intent to supply can be established through statements and admissions made by suspects. Evidence of drug paraphernalia such as scales, packaging and cutting equipment may be used as part of the prosecution. Interestingly, if a someone leaves drugs with a friend, the friend is guilty of supply if the drugs are handed back.
After you have finished reading this article you can click here to go back.
|
This page was created by the Cannabis Campaigners' Guide.
Feel free to link to this page!