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V.I The Act
This Act is intended to prevent the non-medical use of certain drugs. For this reason it controls not just medicinal drugs but also drugs with no current medical uses. Offences under this Act overwhelmingly involve the general public, and even when the same drug and a similar offence are involved, penalties are far tougher. Drugs subject to this Act are known as \'controlled\' drugs. The law defines a series of offences, including unlawful supply, intent to supply, import or export (all these are collectively known as \'trafficking\' offences), and unlawful production. The main difference from the Medicines Act is that the Misuse of Drugs Act also prohibits unlawful possession. To enforce this law the police have the special powers to stop, detain and search people on \'reasonable suspicion\' that they are in possession of a controlled drug.
V.II Penalties
Maximum sentences differ according to the nature of the offence - less for possession, more for trafficking, production, or for allowing premises to be used for producing or supplying drugs.
They also vary according to how harmful the drug is thought to be.
Class A has the highest penalties (seven years and/or unlimited fine for possession; life and/or fine for production or trafficking). This class includes the more potent of the opioid painkillers, hallucinogens , such as LSD and ecstasy, and cocaine.
Class B has lower maximum penalties for possession (five years and/or fine) and includes cannabis, less potent opioids, strong synthetic stimulants, and sedatives.
Class C has the lowest penalties (two years and/or fine for possession; five years and/or fine for trafficking) and includes tranquillisers, some less potent stimulants.
Any Class B drug prepared for injection counts as Class A. Less serious offences are usually dealt with by magistrates\' courts, where sentences can\'t exceed six months and/or £5,000 fine, or three months and/or fine for less serious offences. Eighty five per cent of all drug offenders are convicted of unlawful possession. Although maximum penalties are severe, just over 20 per cent of offenders receive a custodial sentence (even fewer actually go to prison), and nearly 3/4 of fines are £50 or less. Cannabis possession for personal use is often receives a caution or in some places a warning and confiscation of the drug.
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