The Law & UK Drug Classifications
Class A Drugs
Penalty for possession:
Up to seven years in prison and / or an unlimited fine.
Penalty for dealing:
Up to life in prison and / or an unlimited fine.
Class B Drugs
Penalty for possession:
Up to five years in prison and / or an unlimited fine.
Penalty for dealing:
Up to 14 years in prison and / or an unlimited fine.
Class C Drugs
Penalty for possession:
Up to two years in prison and / or an unlimited fine.
Penalty for dealing:
Up to 14 years in prison and / or an unlimited fine.
The Misuse Of Drugs Act
The Misuse of Drugs Act (MDA) is a law that sets out which drugs are illegal to possess, sell, import etc. These are called ‘controlled drugs’. Controlled drugs are mostly specifically named by the MDA, but drugs with similar chemical structure can also be covered by the MDA, even if that drug doesn’t yet exist.
If a new drug comes along the government can introduce a ‘temporary class drug order’ to ban the drug, but to bring a new drug fully into the MDA, the government have to first ask a group of experts, called the ‘Advisory Council on the Misuse of Drugs’ to make recommendations about how dangerous the drug is. The government do not have to take this advice, but if they decide they want to bring a drug into the MDA, they must then bring an amendment to the Misuse of Drugs Act before parliament for it to be voted on before the new drug becomes a controlled drug.
Controlled drugs are given the class A, B or C. Class A drugs are those considered to be the most harmful so carry the heaviest penalties and punishments, Class C drugs are the least harmful so have lesser penalties. As well as being categorised by the A, B or C classification, controlled drugs are also given a ‘Schedule’ from 1 to 5. This dictates rules about how they can be stored by pharmacists and prescribed by doctors etc.
- Offences under the Misuse of Drugs Act include:
- Possession of a controlled substance unlawfully
- Possession of a controlled substance with intent to supply it
- Supplying or offering to supply a controlled drug (even where no charge is made for the drug)
- Allowing premises that you occupy or manage to be used unlawfully for the purpose of producing or supplying controlled drugs.
The Psychoactive Substances Act (PSA) makes it an offence to produce, supply or offer to supply any psychoactive substance if the substance is likely to be used for its psychoactive effects and regardless of its potential for harm. The only exemption to the PSA are those substances already controlled by the Misuse of Drugs Act, nicotine, alcohol, caffeine and medicinal products.
Possession of a psychoactive substance is not an offence, except in a ‘custodial institution’ (prison, young offender centre, removal centre etc.). The definition of custodial institution does not include Mental Health secure units.
Supply, possession with intent to supply, importing or exporting and production of a psychoactive substance are all offences under the PSA.
Sanctions under the act include:
- Possession: Not an offence.
- Possession in a custodial institution: Up to 2 years and/or a fine
- Possession with intent to supply: Up to 7 years and/or a fine
- Supply/offer to supply etc: Up to 7 years and/or a fine
- Production Importation/exportation: Up to 7 years and/or a fine
- Failure to comply with a Prohibition or Premises notice: Up to 2 years and/or a fine.
The Misuse of Drugs Act 1971 (Amendment) Order 2015 classifies:
-
- 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45)
- 4-methyl-5-(4-methylphenyl)-4,5-dihydrooxazol-2-amine (4,4′-DMAR)
as Class A drugs under Part 1 of Schedule 2 under the Misuse of Drugs Act 1971, which come into force at 00:01 on 11 March 2015.
MT-45 is a synthetic opioid. The ACMD advises that MT-45 presents health risks including respiratory depression, addiction and related social harms which are similar to the risks of controlled opioids. The ACMD further reports adverse effects and incidents including coma and death which have been linked to MT-45 as a cause or contributory factor in other countries.
4,4′-DMAR is a new psychoactive substance with stimulant properties. The ACMD advises that 4,4′-DMAR toxicity has been linked as a cause or contributory factor to serious health harms including agitation, convulsions and hyperthermia prior to deaths reported in the UK and other EU member states. In some cases, symptoms included loss of hearing.
MT-45 and 4,4′-DMAR are being permanently controlled as Class A drugs under the 1971 Act and inserted into Schedule 1 to the 2001 Regulations, as well as being designated drugs to which section 7(4) of the 1971 Act applies, because they have no recognised medicinal or legitimate uses beyond potential research use which will continue to be enabled under a Home Office licence.
A Change to the Misuse of Drugs Act 1971: control of AH-7921, LSD–related compounds, tryptamines, and rescheduling of GHB. This came into force on on 7th January 2015:
- Classifies:
- the synthetic opioid AH-7921 as a Class A drug
- the LSD-related compounds commonly known as ALD-52, AL-LAD, ETH-LAD, PRO-LAD and LSZ as Class A drugs
- the compounds captured by the extended definition of tryptamines, which now include compounds commonly known as AMT and 5-MeO-DALT, as Class A drugs
The synthetic opioid AH-7921, the LSD-related compounds and the compounds captured by the extended definition of tryptamines as controlled drugs to which section 7(4) of the Misuse of Drugs Act 1971 applies, because they have no recognised medicinal or legitimate uses outside of research. This means that it is unlawful to possess, supply, produce, import or export these drugs except under a Home Office licence for research or “other special purpose”.
The 2014 Regulations also reschedules 4-Hydroxy-n-butyric acid (GHB) from Schedule 4 to Schedule 2 to the 2001 Regulations. GHB is not being reclassified.
The Misuse of Drugs Act 1971 (Amendment) Order 2014 classifies Khat as a controlled drug under the Misuse of Drugs Act 1971. This came in to force on 24th June 2014:
- Classifies:
- Khat as a Class C drug
Khat is defined as the leaves, stems and shoots of the plant Catha edulis. This means it is unlawful to possess, supply, produce, import or export except under the required Home Office licence for research or other special purposes.
A Change to the Misuse of Drugs Act 1971 came in to force on 10th June 2014. This specifically relates to control of NBOMe and benzofuran compounds, lisdexamphetamine, zopiclone, zaleplon, tramadol and ketamine.
The Misuse of Drugs Act 1971 (Ketamine etc.) (Amendment) Order 2014:
- Classifies:
- A group of NBOMe compounds (by generic definition) as Class A drugs, Schedule 1
- A group of Benzofuran Compounds (by generic definition) as Class B drugs, Schedule 1
- Lisdexamphetamine as a Class B drug, Schedule 2
- Zopiclone and zaleplon as Class C drugs, Part 1 of Schedule 4
- Tramadol as a Class C drug under Schedule 2
- Reclassifies:
- Ketamine as a Class B drug under Schedule 2
This means it is unlawful to possess, supply, produce, import or export these drugs except under a Home Office licence for research or other special purpose.
These changes to the Misuse of Drugs Act 1971, now controlling the NBOMe compounds and the benzofuran compounds using a generic definition, means that a range of chemicals, including their simple derivatives, can be controlled. Therefore any current, future or foreseeable substances that are created from these chemical compounds will also be controlled under the Act.