Drugs and psychoactive substances Flashcards
Which legislation covers the basic legislation that concerns the illegal possession of drugs in the United Kingdom.
The Misuse of Drugs Act 1971 and Psychoactive Substances Act 2016
What are controlled drugs?
Controlled drugs are substances which are illegal to possess, produce and / or supply under the Misuse of Drugs Act 1971 without lawful authority. Simply put, controlled drugs mean those drugs controlled by statute, and so the term ‘illegal drugs’ means controlled drugs possessed or supplied in contravention of this Act.
Why are drugs controlled?
They can cause negative effects, ranging from physical to psychological, and can not only impact the user themselves but the people and communities around them. Therefore, the purpose of the Act is to control these substances in the interest of public health and safety.
What are psychoactive susbtances?
Following the rise in the use of legal highs in the UK, the Psychoactive Substances Act was introduced in 2016 to cover substances which produce similar effects (both pleasurable and harmful) as controlled drugs but are not covered by the Misuse of Drugs Act.
These substances can be more difficult to define and identify as many of them can be common household items. These can range from nail polish remover and lighter fluid, to marker pens and solvents. The crucial part of this legislation is that the person must be intending to use the substance for its psychoactive properties and not its proper use.
Misuse of Drugs Act 1971 Section 5
(2) It is an offence for a person to have a controlled drug in his possession
(3) It is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another
(4) In any proceedings for an offence under subsection (2) above in which it is proved that the accused had a controlled drug in his possession, it shall be a defence for him to prove—
that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to destroy the drug or to deliver it into the custody of a person lawfully entitled to take custody of it; or
that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of delivering it into the custody of a person lawfully entitled to take custody of it and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to deliver it into the custody of such a person.
What are the points to prove for ‘possession’?
There are three points to prove for possession:
- The accused has the substance in their possession.
- The accused knows they have the substance in their possession.
- The substance is a controlled drug.
PWITS
Possession with the intent to supply
Who has lawful authority to possess controlled substances?
Chemists.
Doctors.
Other medical personnel.
Forensic staff.
Patients with prescribed drugs.
Police.
What are the penalties for possession of class: A, B and C controlled substances?
Class A: up to seven years in prison, an unlimited fine or both.
Class B: up to five years in prison, an unlimited fine or both.
Class C: up to two years in prison, an unlimited fine or both.
s.23 (1) MDA
A constable shall, for the purposes of the execution of this Act, have power to enter the premises of a person carrying on business as a producer or supplier of any controlled drugs and to demand the production of, and to inspect, any books or documents relating to dealings in any such drugs and to inspect any stocks of any such drugs.
For the most part this relates to pharmacies and makes clear that police officers have the right to inspect pharmacy records.
s.23 (2) MDA
If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this Act or of any regulations made thereunder, the constable may—
search that person, and detain him for the purpose of searching him;
search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it;
seize and detain, for the purposes of proceedings under this Act, anything found in the course of the search which appears to the constable to be evidence of an offence under this Act.
This means that a police officer can search a person or premises for evidence if there are reasonable grounds to do so, and seize any substance(s) suspected to be a controlled drug
s.23 (4) MDA
In relation to a person obstructing an officer from obtaining evidence this section states that:
A person commits an offence if he:
intentionally obstructs a person in the exercise of his powers under this section; or
conceals from a person acting in the exercise of his powers under subsection (1) above any such books, documents, stocks or drugs as are mentioned in that subsection; or
without reasonable excuse> (proof of which shall lie on him) fails to produce any such books or documents as are so mentioned where their production is demanded by a person in the exercise of his power under that subsection.
What are the points to prove for ‘obstruction under the Drugs Act.’
Points to prove this are:
Someone concealing from a police officer / authorised person or, without reasonable excuse, failing to produce documents relating to the production or supply of controlled drugs upon request.
A suspect with drugs found on their person snatching them off you and swallowing them.
A heroin user about to inject themselves and when challenged by an officer continues to do so anyway.
Give examples of class A drugs.
Crack cocaine (Rocks, Freebase). Methamphetamine (Crystal Meth). Cocaine (Coke, Snow, White, Charlie). MDMA (Ecstasy). Heroin (Gear, Brown). LSD (Acid). Magic mushrooms. Methadone.
Give examples of class B drugs
Amphetamines (Whizz, Speed). Barbiturates. Cannabis (Weed, Skunk). Codeine. Ketamine. Methylphenidate (Ritalin). Synthetic cannabinoids (for example Spice).
