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Check out Tommy Chong smoking a DVD Wrapper!
drugs and the lawa brief outline
This is a very complex area and this is intended to serve only as a rough guide. If you do get into trouble, get proper legal advice at the earliest opportunity by contacting your solicitor or Release (10am-6pm: 0207 729 9904, other times: 0207 603 8654). Please note this section relates to UK law only.
The most important drugs laws in the UK are the Misuse of Drugs Act 1971, the Misuse of Drugs regulations made under the Act (1985), and the Medicines Act 1968. The Misuse of Drugs Act divides controlled drugs into three categories, classified according to their perceived degree of harmfulness or danger to the individual and society, with penalties varying accordingly.
These categories are:
Class A - includes opium, morphine, heroin, methadone, dextromoramide, methylamphetamine, cocaine, ecstasy, and LSD. Class B drugs such as speed prepared for injection are also included.
Class B - includes codeine, amphetamine, barbiturates and dihydrocodeine.
Class C - includes mainly prescribed drugs such as tranquillisers, Ketamine, GHB and cannabis.
The Act gives the police powers to stop and search persons, vehicles or vessels; to obtain search warrants to search properties; to seize anything which appears to be evidence of an offence; and to arrest persons suspected of having committed an offence under the Act.
The most common offence is possession of a controlled drug. This includes joint possession of a common pool of drugs and past possession, when past drug use is admitted. There is no offence if you are found in possession of a drug that you didn't know was on your person (e.g. a friend put it in your pocket) but you might have to prove this later in court. By law, the police have to prove that you knew that you had the drugs on you.
More serious offences are supply and intent to supply. It's important to remember that supply can also include selling or even giving drugs to a friend. If you are caught with drugs, saying that some are for a friend makes matter worse as you could also be convicted for supply.
Cultivation of cannabis is also an offence with more severe penalties if there is intent to supply. The heaviest penalties under the law are for importing and exporting drugs.
Anyone who commits an offence against the Misuse of Drugs Act can be dealt with in a number of ways.
For minor offences (such as the possession of a small amount of cannabis for personal consumption), how you will be treated varies from area to area.
Some police forces always prosecute first time offenders with small amounts of drugs, while others are far more lenient, offering only a caution. This is a formal acknowledgement that the person has committed an offence and acts as a warning regarding future behaviour. A caution doesn't count as a conviction, but may be brought up in future court proceedings. Details may also be disclosed to future employers if the person applies for certain types of jobs.
If the person has already been cautioned for a similar offence they may have to appear before a Magistrates' Court and face a fine, suspended or short prison sentence.
For the more serious offences of supplying, possessing with intent to supply or illegally bringing drugs into the country, the person would usually face a trial before a judge and jury at a higher criminal court or Crown Court.
Penalties for drug related crimes change according to the defendant's circumstances and record, but as a guide, these are the maximum penalties:
Class A: The maximum for possession is 7 years imprisonment with an unlimited fine, and for supply, life imprisonment and an unlimited fine.
Class B: The maximum for possession is 5 years or a fine or both, and for supply, 14 years' imprisonment or a fine or both.
Some of the drugs used on the dance scene are covered by the above act. It is not illegal to possess various drugs such as Ketamine and Amyl Nitrate, but any unauthorised manufacture and distribution of these substances are possibly offences.
Under the Road Traffic Act it is an offence to be in charge of a motor vehicle when unfit through drugs. If found guilty there's an obligatory 12 month's disqualification and a fine. If you are involved in an incident whilst under the influence, stiffer penalties will apply.
Remember that you're classed as being in charge of a vehicle even if you're crashed out in the back seat snoozing.

10 Reasons to legalise all drugs
comment from
Transform: the
campaign for effective drug policy
1 Address the real issues
For too long policy makers have used prohibition as a smoke screen to avoid
addressing the social and economic factors that lead people to use drugs. Most
illegal and legal drug use is recreational. Poverty and despair are at the root
of most problematic drug use and it is only by addressing these underlying
causes that we can hope to significantly decrease the number of problematic
users.
2 Eliminate the criminal
market place
The market for drugs is demand-led and millions of people demand illegal drugs.
Making the production, supply and use of some drugs illegal creates a vacuum
into which organised crime moves. The profits are worth billions of pounds.
Legalisation forces organised crime from the drugs trade, starves them of income
and enables us to regulate and control the market (i.e. prescription, licensing,
laws on sales to minors, advertising regulations etc.)
3 Massively reduce crime
The price of illegal drugs is determined by a demand-led, unregulated market.
Using illegal drugs is very expensive. This means that some dependent users
resort to stealing to raise funds (accounting for 50% of UK property crime -
estimated at £2 billion a year). Most of the violence associated with illegal
drug dealing is caused by its illegality
Legalisation would enable us to regulate the market, determine a much lower
price and remove users need to raise funds through crime. Our legal system would
be freed up and our prison population dramatically reduced, saving billions.
Because of the low price, cigarette smokers do not have to steal to support
their habits. There is also no violence associated with the legal tobacco
market.
4 Drug users are a
majority
Recent research shows that nearly half of all 15-16 year olds have used an
illegal drug. Up to one and a half million people use ecstasy every weekend.
Amongst young people, illegal drug use is seen as normal. Intensifying the 'war
on drugs' is not reducing demand. In Holland, where cannabis laws are far less
harsh, drug usage is amongst the lowest in Europe.
Legalisation accepts that drug use is normal and that it is a social issue, not
a criminal justice one. How we deal with it is up to all of us to decide.
In 1970 there were 9000 convictions or cautions for drug offences and 15% of
young people had used an illegal drug. In 1995 the figures were 94 000 and 45%.
Prohibition doesn't work.
5 Provide access to
truthful information and education
A wealth of disinformation about drugs and drug use is given to us by ignorant
and prejudiced policy-makers and media who peddle myths upon lies for their own
ends. This creates many of the risks and dangers associated with drug use.
Legalisation would help us to disseminate open, honest and truthful information
to users and non-users to help them to make decisions about whether and how to
use. We could begin research again on presently illicit drugs to discover all
their uses and effects - both positive and negative.
6 Make all drug use safer
Prohibition has led to the stigmatisation and marginalisation of drug users.
Countries that operate ultra-prohibitionist policies have very high rates of HIV
infection amongst injecting users. Hepatitis C rates amongst users in the UK are
increasing substantially.
In the UK in the '80's clean needles for injecting users and safer sex education
for young people were made available in response to fears of HIV. Harm reduction
policies are in direct opposition to prohibitionist laws.
7 Restore our rights and
responsibilities
Prohibition unnecessarily criminalises millions of otherwise law-abiding people.
It removes the responsibility for distribution of drugs from policy makers and
hands it over to unregulated, sometimes violent dealers.
Legalisation restores our right to use drugs responsibly to change the way we
think and feel. It enables controls and regulations to be put in place to
protect the vulnerable.
8 Race and Drugs
Black people are over ten times more likely to be imprisoned for drug offences
than whites. Arrests for drug offences are notoriously discretionary allowing
enforcement to easily target a particular ethnic group. Prohibition has fostered
this stereotyping of black people.
Legalisation removes a whole set of laws that are used to disproportionately
bring black people into contact with the criminal justice system. It would help
to redress the over representation of black drug offenders in prison.
9 Global Implications
The illegal drugs market makes up 8% of all world trade (around £300 billion a
year). Whole countries are run under the corrupting influence of drug cartels.
Prohibition also enables developed countries to wield vast political power over
producer nations under the auspices of drug control programmes.
Legalisation returns lost revenue to the legitimate taxed economy and removes
some of the high-level corruption. It also removes a tool of political
interference by foreign countries against producer nations.
10 Prohibition doesn't
work
There is no evidence to show that prohibition is succeeding. The question we
must ask ourselves is, "What are the benefits of criminalising any drug?" If,
after examining all the available evidence, we find that the costs outweigh the
benefits, then we must seek an alternative policy.
Legalisation is not a cure-all but it does allow us to address many of the
problems associated with drug use, and those created by prohibition. The time
has come for an effective and pragmatic drug policy.
"If the (drug) problem continues advancing as it is at the moment, we're
going to be faced with some very frightening options. Either you have a massive
reduction in civil rights or you have to look at some radical solutions. The
issue has to be, can a criminal justice system solve this particular problem?"
Commander John Grieve, Criminal Intelligence Unit, Scotland Yard, Channel 4 1997
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