Drugs and the Law

The law on drugs is complex. But if caught with an illegal substance, ignorance won't wash with the police. Sharing (including spiking with alcohol, which can be viewed as assault); or having enough to share; or looking after a drug for someone else; or helping someone to obtain drugs, whether for cash or not – these can all be seen as supply or possessing with intent to supply. They carry a minimum sentence of one year’s imprisonment for Class A.

The Misuse of Drugs Act divides drugs into three classes:

Class A

• Cocaine, crack, crystal meth, ecstasy, heroin, LSD (acid), magic mushrooms, methadone, opium,
  and any class B drug prepared for injection;

• Less common substances: dextromoramide (e.g. Palfium), dipipanone, fentanyl, mescaline,
  pethidine, PCP, all parts of the seeds of the opium poppy (after mowing);

• Maximum penalties:   seven years in prison and/or a fine for possession, life imprisonment and/or a fine for possession with intent to supply.

Class B

• Cannabis, Amphetamines (speed), barbiturates, and codeine. This class also includes the following less common substances:
  dexamphetamine, dihydrocodeine (DF118), methaqualone, methylphenidate hydrochloride (Ritalin),

• phenmetrazine (Filon);

• Maximum penalties:   five years in prison and/or a fine for possession, 14 years in prison and/or a fine for possession with intent to supply.

Class C

• ketamine, some tranquillisers like Temazepam, the supply of anabolic steroids.
  

•  Maximum penalties:    two years in prison and/or a fine for possession, five years prison and/or a fine for possession with intent to supply.

These penalties are given in a Crown Court. In a Magistrates Court, where less serious offences are dealt with, the maximum sentence is six months imprisonment and a £5000 fine.

Other drug laws

Most drugs are covered by the Misuse of Drugs Act. These ones are not:

Alcohol: Lots of laws about alcohol, covering where it can be sold, who to, and where you can drink.

Solvents: Not illegal to use, but shopkeeper can be prosecuted for selling solvent to under-18s who they know will use it for sniffing;

Cigarettes: Illegal for a shopkeeper to knowingly sell to under-18s. Not illegal for under-18s to smoke;

Amyl nitrates (poppers): Amyl nitrate is a prescription-only medicine. Possession under one’s own prescription is not an offence but supply is restricted by the Medicines Act. Butyl and Isobutyl nitrate are not restricted. Possessing any drug or medicine on prescription, e.g. methadone, antidepressants, etc. is lawful only if the possessor is the person in whose name that particular drug is prescribed.

Risks when handling drugs

Drugs or drug-making kits often contain dangerous or other infected materials. Do not pick up or touch them and beware of pockets that may contain them. If in doubt wash/use antibacterial gel immediately. Cleaning up an area used for taking drugs is very risky - needles can pierce gloves. Some drugs have unexpected side effects, e.g. sepsis, organ damage or loss of function. For instance, ketamine destroys the bladder lining, leading to pain & the need to have a catheter fitted.

Drug testing on arrest

If you're arrested and taken to a police station, you may be tested to find out if you've taken any Class A drugs.

A person cannot be forced to provide a sample for testing, but it is an offence to refuse to provide a sample without showing good cause (usually medical). Synthetic so-called “legal highs” are upgraded to Class A, B or C when the home office catch up with the recipes.  An old offence of “administering a noxious thing” (capable of causing harm) may cover spiking.

N.B. Possessing fake ID, altered or not relating to the possessor, is fraud and can lead to the loss of jobs or work opportunities or access to countries, e.g. USA and Australia.