Misuse of Drugs Act 1971 (uk)
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United Kingdom of Great Britain and Northern IrelandCriminal Law
The Misuse of Drugs Act 1971 (c.38) is the United Kingdom's drug's control law. It was introduced to bring United Kingdom law in line with the Single Convention on Narcotic Drugs. Another purpose of the act was to make it easier to change the legality of narcotics. The act authorised this by Statutory Instrument provided a report has been completed by the Advisory Council on the Misuse of Drugs, although the conclusion of such a report does not bind the government.
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The Advisory Council on the Misuse of Drugs
Introduced by Section 1. Its constitution is set out in Schedule 1.
Classification of Substances
Three separate classifications (A,B and C) introduced by Section 2(1) and defined in Schedule 2; Parts 1-3 respectively. Section 2(2) allows for a change in classification by Order-In-Council provided it meets the criteria of subsection 5.
Restrictions on Controlled Drugs and Micellaneous Offences
- S3 Restricts the importation/exportation of controlled drugs
- S4 Restricts the production/supply of controlled drugs
- S5 Restricts possession of controlled drugs
- S6 Restricts the cultivation of Cannabis
- S7 Exceptions to Sections 3 - 7
- S8 Offence by occupier of premises for allowing other offences relating to contorlled drugs to take place at his/her property.
- S9 Offences specific to smoking, possessing and having intruments for the preparation or smoking of Opium
- S10 Offences related to possession of instruments for the administration and preparation of controlled substances; although possession of a hyperdermic syringe remains legal.
- S18 Contravening Misuse of Drugs Regualations; making false statements during applications for licenses under such regulations.
- S19 Inciting others or attempting to commit offences under the Act.
- S20 Assisting those outside the United Kingdom in contravention of similar drug laws.
Powers of the Secretary of State to prevent the misuse of drugs
The Secretary of State is authorised to make regulations to prevent misuse (S10), give directions relating to thier storage (S11), and various directions relating to the prescription of controlled drugs to offenders under the act and power to investigate such prescription.
New Police Powers and Punishable Offences
- S23 Authorise the police to stop and search both vechiles, vessels and persons; having reasonable suspicion that they have evidence of an offence under the Act
- S25 Relates to prosecution and punshiment of offences. Schedule 4 also has effect for this purpose
- S27 Allows a court to order the destruction of seized items provided conditions in subsection(2) are met
External References
The statute as amended and in force today
See also
- Find the notion "Misuse of Drugs Act 1971" in the UK legal internet
