Drug Classifications
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It is true that we all do not agree, at least fully, with the manner in which the law in the United Kingdom criminalises drug users, many of whom have little control over the addiction which has besotted them.
However, drug users are urged to be aware of laws governing your drug habit. Prosecutions and even custodial sentences are not unheard of and for this reason our guide serves to provide often much needed guidance on legal implications drug addiction carries.
The Legal Framework: Way Back in 1971
Relevant legislation classifying drugs into their current carnation was passed in 1971, under the Misuse of Drugs Act 1971. The law placed drugs into one of three classes, namely A, B or C.
The Legal Framework: Way Back in 1971
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ABC Wasn’t Just a Michael Jackson Hit
Any drug which sits in Class A is deemed more detrimental to society and the user alike; more so than drugs sitting in Class B or C.
If you are prosecuted under one of the offences linked to Class A drugs, you can expect a harsher sentence than those under Class B or C. See below for sentencing guidelines.
Class C drugs are, according to our lawmakers, less dangerous to society than substances in Class A or B. This rationale is reflected in the sentencing guidelines upon conviction for possession of a Class C drug.
Drugs falling under Class A include (but are not limited to) the following substances:
Any Class B drug which is injected
Drugs under Class B include (but are not limited to) the following substances:
- Amphetamine
- Cannabis
- Barbiturates
Drugs under Class C include (but are not limited to) the following substances:
A Medical Minefield
In addition to the 1971 Act, drug laws in the United Kingdom include the Misuse of Drugs Regulations 2001. The Regulations categorises drugs into five Schedules.
The first Schedule sets out drugs with zero value from a medical standpoint, such as LSD.
The second to fifth Schedule houses the remaining drugs which fall under the 1971 Act. The Schedule allows illegal drugs falling under Class A, B or C to be legally consumed for medical use.
Drugs such as morphine are classified under Class A of the 1971 Act as illegal, but the drug can legally be prescribed and consumed under the 2001 Regulation.
Trafficking Offences
Laws relating to the supply, intention to supply, importation and production of prohibited drugs carry far harsher penalties than those relating to mere possession. A custodial sentence is most certain for supply offences, even for Class C drugs. A custodial sentence will be applied even in the absence of monetary gain arising from the transaction of supply.
Sentencing Guidelines
Under the 1971 Act, the following sentencing guidelines apply whereby one is convicted for offences defined under the Act:
Class A
Possession of a Class A drug is punishable by up to 7 years imprisonment plus an unlimited fine. Supply of a Class A drug is punishable by lifetime imprisonment plus an unlimited fine.
Class B
Possession of a Class B drug is punishable by up to 5 years imprisonment plus an unlimited fine. Supply of a Class B drug is punishable by up to 14 years imprisonment plus an unlimited fine
Class C
Possession of a Class C drug is punishable by up to 2 years imprisonment plus an unlimited fine. Supply of a Class C drug is punishable by up to 14 years imprisonment plus an unlimited fine.
Offences categories under the Act include:
- Consumption
- Supply
- Intention to supply
- Importation
- Exportation
- Production without a licence
- Stop and Search
Under ‘stop and search’ legislation, if police hold a ‘reasonable suspicion’ that you are carrying a substance that falls under the 1971 Act, you will be subject to ‘stop and search’. Evidence found during your search could be used in your prosecution.
Legal Highs
Many of the drugs our patients are addicted to are perfectly legal but cause as much damage as their illegal counterparts.
Alcohol and tobacco kill more people in the United Kingdom each year than all the illegal drugs put together. One does not have to look far in the media for stories relating to ‘designer highs’, each of which claim countless victims each year, particularly among the youth of our Country.
About Author
Nicholas Conn
Nicholas Conn is a leading industry addiction expert who runs the UK’s largest addiction advisory service and is regularly featured in the national press, radio and TV. He is the founder and CEO of a drug and alcohol rehab center called Help4addiction, which was founded in 2015. He has been clean himself since 2009 and has worked in the Addiction and Rehab Industry for over a decade. Nick is dedicated to helping others recover and get treatment for drug and alcohol abuse. In 2013, he released a book ‘The Thin White’ line that is available on Amazon.
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