• Understanding the laws that govern different drugs;
• Understanding your rights if suspected of possession, or possession with intent to supply a controlled substance.

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

• Amphetamines (speed), barbiturates, codeine. This class also includes the following less common substances: dexamphetamine, dihydrocodeine (DF0118), 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

• Cannabis, 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. The actual sentence you're likely to get will also depend on:

• The drug involved;
• Any previous criminal record;
• Your personal circumstances (i.e. being a single parent);
• The attitude of the presiding magistrate/judge.

Some other drugs are controlled by the Medicines Act. It may not be illegal to possess drugs such as prescription medicines, GHB (gammahydroxybutyrate) but supply is still an offence.

Other drug laws

Most drugs are covered by the Misuse of Drugs Act. These ones aren't:

• Alcohol: It is illegal to sell alcohol to under-18s (unless you're 16 or 17 and having a meal in a restaurant). Police have legal powers to confiscate alcohol from under-18s drinking in public. Where there's a local bylaw, they can already do this;
• Gases, glues and aerosols: It is not illegal to use, but a shopkeeper can be prosecuted for selling a solvent to under-18s who they know will use it for sniffing;
• Cigarettes: It is illegal for a shopkeeper knowingly to sell under-16s. However, it is not illegal for under-16s to smoke;
• Amyl nitrates (poppers): Amyl nitrate is a prescription-only medicine. Possession is not an offence, but supply is restricted by the Medicines Act. Butyl and Isobutyl nitrate are not restricted in any way. The stuff available from jokes and sex shops is usually butyl or isobutyl nitrate. If any amyl nitrate is present, however, then supply is restricted. Use is not.

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. You may be tested if you've been arrested for a 'trigger offence'. Trigger offences include street robbery, burglary, car theft, handling stolen goods or supplying drugs.

A person cannot be forced to provide a sample for testing, but it is an offence to refuse to provide a sample without good cause.

If you test positive for Class A drugs, you'll be required to attend a compulsory drug assessment by specialist drugs workers. The assessment will determine the extent of your drug problem and help you into treatment and other support, even if you're not charged with an offence.

Those who fail to provide a sample or comply with a required assessment face a fine of up to £2,500 and/or up to three months in prison.

The Misuse of Drugs Act 1971 is the main legislation that covers drugs. The law places drugs into three different categories, known as Class A, B and C. Drugs regulated in this way are known as 'controlled' substances, and Class A drugs are those considered to be the most harmful, while drugs classified C are those considered not as harmful.

Under the Misuse of Drugs Act it is an offence to:

• Possess a controlled substance unlawfully

• Possess a controlled substance with intent to supply it

• To unlawfully supply a controlled drug (even where no charge is made for the drug)

• To allow premises you occupy or manage to be used for the purpose of drug taking

Trafficking (supply) attracts more serious punishments, including life imprisonment for Class A offences.

The Medicines Act 1968 regulates drugs that are used for medicinal purposes, and again there are three main categories. A pharmacist can only sell 'Prescription Only' drugs, but only if they have been prescribed by a doctor. The 'General' category allows the medicines to be sold without a prescription in any shop, and a pharmacist can sell 'Pharmacy Medicines', without the need for a prescription.
Possession of 'Prescription Only' medicines without a prescription is a serious offence. Drugs such as amyl nitrite, GHB and ketamine are regulated under the Medicines Act.

The Road Traffic Act 1972 makes it an offence to drive while under the influence of drugs and drink. Drugs includes illegal and prescribed substances. Causing death by dangerous driving could lead to a long prison sentence and an unlimited fine.

Licensing Act 1964 is the main piece of legislation relating to the sale and supply of alcohol. It sets down the times alcohol may be served and who it may be served to. The act makes it illegal to sell alcohol to anyone under the age of 18 (there are some exceptions).

The Cigarette Lighter Refill (Safety) Regulations 1999 is an amendment to the Consumer Protection Act 1987. It makes it a illegal to supply gas cigarette lighter refills to anyone under the age of 18. Retailers could face a hefty fine or a prison sentence.

The Intoxicating Substances (Supply) Act 1985 makes it an offence for a retailer to sell solvents to anyone under the age of 18, knowing that they are being purchased to be abused. It doesn't make it illegal to own or buy solvents.

Children and Young Persons (Protection from Tobacco) Act 1991, along with the Children and Young Persons Act 1933, makes it illegal to sell tobacco products, which includes cigarettes, to people under the age of 16. It also makes it mandatory to display warning signs.

Customs and Excise Management Act 1979, in conjunction with the Misuse of Drugs Act, makes it illegal to import or export controlled drugs without authorisation. A successful conviction leads to the same penalties as under the Misuse of Drugs Act, although the fines can be more substantial, based on the value of the drugs seized.

Drug Traffickers Offences Act 1994 gives police the power to seize the assets and income of anyone who is found guilty of drugs trafficking, even if that income isn't related to the trafficking of drugs. It also makes it illegal to manufacture of sell equipment for the preparation or use of controlled drugs.

Crime and Disorder Act 1998 makes it legal to force offenders who are convicted of crime committed in order to fund their drug habit into getting drug treatment. It also allows for them to be tested for drug usage.

All content within the OUTinLondon Health section is provided for general information only, and should not be treated as a substitute for obtaining professional medical advice.  OUTinLondon is not responsible for the content of external internet sites listed, nor does it endorse any commercial product or service mentioned or advised on any of the sites. 
Always consult your own GP if you are in any way concerned about your health.