DRUG

LEGAL STATUS

Amphetamines

(including dexamphetamine)

Amphetamines are class B, schedule 2 drugs. It is illegal to possess them without a prescription or to supply or produce them without a licence. If prepared for injection they become class A substances.

Possession of class B drugs carries a maximum sentence of 5 years’ imprisonment and a fine. Trafficking offences carry maximum sentences of 14 years’ imprisonment and a fine.

Possession of class A drugs carries a maximum sentence of 7 years’ imprisonment and/a fine. Trafficking offences carry a maximum sentence of life imprisonment and a fine.

Anabolic steroids

Anabolic steroids are class C, schedule 4(ii) drugs. Possession, importation and exportation are lawful as long as the drug is for personal use and is in a medicinal form.

Unauthorised supply or production is an offence and carries a maximum of 14 years’ imprisonment and a fine.

Benzodiazepines

(including diazepam, flunitrazepam and temazepam)

Benzodiazepines are class C drugs. Some benzodiazepines belong to schedule 3 and some belong to schedule 4(1). Possession without a prescription, or supply or production without a licence, is illegal.

Possession carries a maximum sentence of 2 years’ imprisonment and a fine. Supply or production carries a maximum sentence of 14 years’ imprisonment and a fine.

Buprenorphine

(including Subutex)

Buprenorphine is a class C, schedule 3 drug. Possession is illegal without prescription and carries a maximum sentence of 2 years’ imprisonment and a fine.

Illegal supply or production carries a maximum sentence of 14 years’ imprisonment and a fine.

Cannabis

Cannabis is a class B, schedule 1 drug. It is illegal to possess, supply or produce this drug. Special police guidelines exist in relation to arrest for possession of cannabis. (Cannabis was reclassified to a Class B drug in January 2009. )

Possession carries a maximum sentence of 5 years’ imprisonment and a fine. Trafficking offences carry a maximum sentence of 14 years’ imprisonment and a fine.

Policing Cannabis - guidelines on arrest

New guidelines were issued by the Association of Chief Police Officers (‘ACPO’) in response to the reclassification of cannabis to a Class B drug (published 28 January 2009). The guidelines advise police officers to take an 'escalating' approach to the policing of cannabis possession. It outlines three possible responses for officers to take where they believe they have found an individual in possession of cannabis for personal use:

1. Cannabis Warnings

A person found in possession of cannabis for the first time can receive a cannabis warning if there are no aggravating factors (please see below). Where a police officer decides to proceed with a cannabis warning the individual should be warned that:

• a record of the investigation will be made at the police station;
• the offence of possession will be recorded against them, for statistical purposes, as a detected crime;
• this procedure does not constitute a criminal record.

2. Penalty Notice for Disorder (PND)

Where someone has already received a cannabis warning and is again caught in possession, then the police have the discretion to issue an on the spot fine ('PND') for £80.00. If the PND is paid within 21 days no further action will be taken and no criminal record will exist. A PND can be challenged, and if challenged will result in criminal proceedings at the Magistrates Court. Failure to pay will result in a fine for the original penalty plus 50% (£120) being registered against the defendant at their local Magistrates’ Court. A person has a right to refuse a PND but this will probably result in arrest.

3. Arrest

An individual who has received a cannabis warning and a PND and is caught again for cannabis possession should be arrested and taken to the police station. At this point, and depending on the circumstances, either the matter will be dealt with by way of charge, caution or no further action (including the possibility of issuing a further cannabis warning or a PND).

If a person is caught in possession for cannabis and there is one or more aggravating condition present then they may be arrested. The following are considered to be aggravating conditions:

• smoking in a public place;
• where there is a locally identified policing problem;
• if the person is aged 17 or under;
• someone considered to be vulnerable;
• if the individual is a repeat or persistent offender.

If caught in possession of a small amount of cannabis for personal use AND you have never received either a cannabis warning or a PND AND where none of the aggravating conditions are present AND the police deal with the matter either by issuing a caution or charging, legal advice should be sought by contacting Release.

The above guidelines apply to adults only. Those aged 17 or under will be dealt with under the Final Warning Scheme i.e. they will receive either a reprimand or a warning or they may face prosecution. The guidelines do state that arrest is not necessary in all cases involving young people and where possible they should be taken home to their parents/ guardians - where this occurs action can be taken at a later date.

Cocaine

(including crack cocaine)

Cocaine is a class A, schedule 2 drug. Possession without a prescription is illegal. It is illegal to supply or produce cocaine.

Possession carries a maximum sentence of 7 years’ imprisonment and a fine. Supply or production carries a maximum sentence of life imprisonment and a fine.

Codeine

Codeine is a class B, schedule 2 drug. If prepared for injection it becomes a class A substance. It is illegal to possess without prescription or to supply or produce without a licence.

Illegal possession carries a maximum sentence of 5 years’ imprisonment and a fine. Trafficking offences carry a maximum sentence of 14 years’ imprisonment and a fine.

Possession of class A drugs carries a maximum sentence of 7 years’ imprisonment and/a fine. Trafficking offences carry a maximum sentence of life imprisonment and a fine.

Ecstasy

Ecstasy is a class A, schedule 1 drug. Possession, supply and production offences are illegal.

Possession carries a maximum sentence of 7 years’ imprisonment and/a fine. Trafficking offences carry a maximum sentence of life imprisonment and a fine.

GHB

GHB is a class C, schedule 4(1) drug. It is illegal to possess, supply or produce this drug.

Possession carries a maximum sentence of 2 years’ imprisonment and a fine. Trafficking offences carry a maximum sentence of 14 years’ imprisonment and a fine.

Hallucinogenic mushrooms containing psilocin

Any fungus which contains psilocin is a class A, schedule 1 drug.

Possession carries a maximum of 7 years imprisonment and/or fine. Supply of mushrooms carries a maximum of life imprisonment and/or fine.

No offence is committed if the fungus is growing naturally without being cultivated, and if it has not been picked.

Heroin (diamorphine)

Heroin is a class A, schedule 2 drug. It is illegal to possess without a prescription, or to supply or produce without a licence.

Possession carries a maximum sentence of 7 years’ imprisonment and a fine. Trafficking offences carry a maximum sentence of life imprisonment and a fine.

Ketamine

Ketamine is a class C, schedule 4(1) drug. It is illegal to possess, supply or produce this drug.

Possession carries a maximum sentence of 2 years’ imprisonment and/or fine. Trafficking offences carry a maximum sentence of 14 years’ imprisonment and a fine.

LSD

LSD is a class A, schedule 1 drug. Possession, supply and production of LSD are offences.

Possession carries a maximum sentence of 7 years’ imprisonment and a fine. Trafficking offences carry a maximum sentence of life imprisonment and a fine.

Mephedrone

Mephedrone is a class B drug. It is illegal to possess, supply or produce this drug.

Possession of the drug could result in up to 5 years' imprisonment and a fine, supply offences in up to 14 years' imprisonment and a fine.

Methadone

Methadone is a class A, schedule 2 drug. It is illegal to possess without a prescription, or to supply or produce without a licence.

Possession carries a maximum sentence of 7 years’ imprisonment and a fine. Trafficking offences carry a maximum sentence of life imprisonment and a fine.

Methylamphetamine

This is a class A, schedule 2 drug. It is an offence to possess, supply or produce.

Possession carries a maximum sentence of 7 years’ imprisonment and/or fine. Trafficking offences carry a maximum sentence of life imprisonment and a fine.

Methylone

Methylone is a class B drug. It is illegal to possess, supply or produce this drug. .

Possession of the drug could result in up to 5 years' imprisonment, supply offences in up to 14 years' imprisonment.

Morphine

Morphine is a class A, schedule 2 drug. It is illegal to possess without a prescription, or to supply or produce without a licence.

Possession carries a maximum sentence of 7 years’ imprisonment and a fine. Trafficking offences carry a maximum sentence of life imprisonment and a fine.

Opium

This is a class A drug. In its raw form it is a schedule 1 drug but in a medicinal form it is schedule 2. It is an offence to possess, supply or produce.

Possession carries a maximum sentence of 7 years’ imprisonment and/a fine. Trafficking offences carry a maximum sentence of life imprisonment and a fine.

Solvents & gases

It is not illegal to possess solvents and gases.

It is illegal for a retailer to supply, or offer to supply, intoxicating substances to someone under the age of 18. It is also an offence for a retailer to supply intoxicating substances to someone he believes is acting on behalf of a person under the age of 18.

It is illegal to sell cigarette lighter refills containing butane to under 18 year-olds.