Misuse of Drugs Flashcards
Classifications
In principle, drugs are classified according to the degree of harm they may have on individuals/ society.
Individuals receive greater punishment the more harmful the drug.
Class A: heroin, cocaine, ecstasy, amphetamine
(Life/7 years)
Class B: cannabis, codeine, ritalin, amphetamine
(14 years/5 years).
Class C: ketamine, diazepam
(5 years/2 years).
Misuse of Drugs Act 1971 offences
Possession offences:
possession - s.5(1) of the Act;
possession with intent to supply - s.5(3) of the Act.
Supply offences:
supplying a controlled drug - s.4(3)(a) of the Act;
being concerned in a supply - s.4(3)(b) of the Act;
offering to supply - s.4(3)(a) of the Act;
being concerned in an offer to supply - s.4(3)(c) of the Act.
Supplying controlled drugs Section 4 (3)
Subject to Section 28 of the Act, it is an offence in relation to a controlled drug:
to supply or offer to supply to another, or
to be concerned in supplying to another, or
to be concerned in the making of an offer to supply to another
NOTE: an offer to supply may be by words or conduct; it is irrelevant whether the offer is genuine; and once an offer is made, it cannot be withdrawn.
Possession of a controlled drug Section 5(2)
A person commits an offence:
if he has in his possession
a controlled drug, and
he shall be guilty of the offence unless he can show that the conditions set out in Sections 5(4) or 28 of the Misuse of Drugs Act 1971 are met.
Possession with intent to supply Section 5(3)
A person is guilty of an offence: if he has in his possession lawfully or unlawfully a controlled drug with intent to supply it to another
Possession – physical element
Two elements; the physical and the mental
For the purposes of the 1971 Act, the things a person has in his possession include anything subject to his control which is in the custody of another (Section 37(3)).
For example, Smith buys controlled drug via the Internet – directing that it be sent by post to his home address. Smith would be in possession of that drug from the time it arrived through his letterbox (R vs. Peaston (1978) 69 Cr App R 203).
Possession – mental element
The defendant must know that the thing in question is under her control. She does not have to know the true nature of it. It is enough that she knows that it is in her possession or under her control.
For example, Chappell and James are walking along the street. Chappell puts his hand in his pocket to retrieve his wallet. As he is searching – it is a very deep pocket – he hands James several ecstasy tablets. James has no idea what they are.
Nonetheless, James has control of the tablets – they are in his hand – and knowledge of the presence of the tablets in his hand. Therefore, James has possession of the tablets even if he may have a defence.
Defences under Section 28 of the Act
‘… it is a defence for the accused to prove that he neither knew of nor suspected nor had reason to suspect the existence of some fact alleged by the prosecution which it is necessary for the prosecution to prove if he is to be convicted of the offence charged’.
Statutory defences to possession charge
It is a defence to a possession charge for the defendant to prove that:
they took possession of it to prevent someone else committing an offence;
If they intended to destroy the substance as soon as was practicable after coming into possession of it, or
to give it to someone who had legal authority to possess it.
Statutory aggravating factors
Previous convictions, having regard to:
a) nature of the offence to which conviction relates and relevance to current offence;
b) time elapsed since conviction (see shaded box at page 12 if third drug trafficking conviction)
Offender used or permitted a person under 18 to deliver a controlled drug to a third person
Offender 18 or over supplies or offers to supply a drug on, or in the vicinity of, school premises either when school in use as such or at a time between one hour before and one hour after they are to be used
Offence committed on bail
Policy
UK Drug Strategy 2010, last reviewed 2015 The aim of the strategy is to:
Reduce demand
Restrict supply
Build recovery
United Nations ‘A Drug Free World – We Can Do It’ United Nations Chronicle, Summer 1998
What the policy means
Tackling Drugs Together: Supply reduction Enforcement of drug laws Prevention Treatment of problematic drug users
Global and local:
Controlling production and overseas supply reduction
Border control / interdiction
Policing of local drug markets
Resource allocation:
75% government expenditure on tackling drug misuse goes on law enforcement
Politics vs. Science
In 2009, Professor David Nutt, Chair of the UK’s Advisory Council on the Misuse of Drugs (ACMD)when he argued that cannabis should be declassified to a Class C (rather than Class B) illegal drug.
Nutt had previously claimed that the recreational use of ecstasy was ‘less dangerous than horse-riding’.
As a result, he was sacked from his post by the (Labour) Home Secretary, who said that Nutt had confused the public.
