Scottish Drugs Forum
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The two main statutes relating to drugs in the UK are The Medicines Act 1968 and The Misuse of Drugs Act 1971.
The Medicines Act governs the manufacture and supply of all kinds of medicinal products. Medicines are divided into three categories: Prescription Only, the most restricted, can only be sold or supplied by a pharmacist if ordered by a doctor or dentist; Pharmacy Medicines can be sold or supplied without a prescription but only by a pharmacist; drugs on the General Sales List, the least restricted, can be sold or supplied without a prescription by any shop.
The Misuse of Drugs Act aims to prevent the non-medical use of certain drugs. Drugs subject to this legislation are known as controlled drugs. The law defines a series of offences including unlawful supply, intent to supply, import and export (collectively known as trafficking offences), unlawful possession and unlawful production. Anyone convicted of the unlawful possession, supply or production of drugs controlled by the Misuse of Drugs Act could be imprisoned.
The Act lists the drugs which are subject to control and classifies them in three categories, Class A, B or C. Penalties for offences involving controlled drugs depend on the classification, with Class A drugs carrying the greatest penalties. It also distinguishes, in terms of the penalties which can be imposed, between the crimes of possession and drug trafficking, the latter attracting higher sanctions. Maximum penalties are outlined in the table below.
| Drug class | For possession | For production/dealing |
|---|---|---|
| Class A - heroin, ecstasy, LSD, cocaine, more potent opioid painkillers | Up to 7 years imprisonment or an unlimited fine or both | Up to life imprisonment or an unlimited fine or both |
| Class B - cannabis, amphetamine, less potent opioid painkillers, e.g. codeine | Up to 5 years imprisonment or an unlimited fine or both | Up to 14 years imprisonment or an unlimited fine or both |
| Class C - GHB, temazepam, diazepam, temgesic, non-injectable preparations containing codeine | Up to 2 years imprisonment or an unlimited fine or both | Up to 14 years imprisonment or an unlimited fine or both |
Any Class B drug in injectable form is treated as Class A. Some Class C drugs are legal to possess - for example, some anabolic steroids are Class C, Schedule 4 Part 11 drugs, which means they may be possessed in medical form without a prescription.
The Misuse of Drugs Regulations 2001 divide controlled drugs into five schedules which determine the nature of the control. Drugs in Schedule 1, including ecstasy and LSD, are the most stringently controlled and are not authorised for medical use. They can only be supplied, possessed or administered in accordance with a Home Office licence.
Most controlled drugs are regulated under Schedules 2, 3, 4 and 5. It is illegal to possess drugs in Schedules 2 and 3, for example morphine, temazepam and flunitrazepam, without a prescription or other authority.
It is illlegal to possess drugs in Schedule 4 Part 1 - such as most benzodiazepines (excluding temazepam and flunitrazepam - see above paragraph) - without a prescription.
Drugs in Schedule 4 Part II, which includes anabolic steroids in the form of a medicinal product, may be possessed without a prescription, but it is illegal to supply them. Some anabolic steroids are now Class C drugs.
Schedule 5 drugs are preparations which are considered to have little risk of illicit use. They can be bought from a pharmacy without prescription and can be legally possessed. Once purchased, they cannot be legally supplied to another person. These drugs include well-known cough medicines and mild painkillers.