Misuse of Drugs Act

This is the main piece of legislation covering drugs and categorises drugs as class A, B and C.

These drugs are termed as controlled substances, and are listed in three categories Class A,B and C. Class A drugs are those considered to be the most harmful.

Offences under the 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)

Production and cultivation

Allowing premises you occupy, manage, control or have responsibility for, to be used unlawfully for the purpose of producing or supplying controlled drugs (Section 8 see below)

Drug trafficking (supply) attracts serious punishment including life imprisonment for Class A offences.

To enforce this law the police have special powers to stop, detain and search people on ‘reasonable suspicion’ that they are in possession of a controlled drug.

Supply - Possession - Production/Cultivation

(Note – Section 8 of the Misuse of Drugs Act is an area in which many organisations can fall fowl of the law and those who have ‘management and control’ of business premises should make themselves familiar with this particular piece of legislation. Please contact us direct for further information.

Class A drugs

Include: Ecstasy, LSD, heroin, cocaine, crack, magic mushrooms (whether prepared or fresh), methylamphetamine (crystal meth), other amphetamines if prepared for injection Penalties for possession: Up to seven years in prison or an unlimited fine. Or both Penalties for dealing: Up to life in prison or an unlimited fine. Or both

Do you recognise drugs below….?? Magic Mushrooms (psilocybe semilanceata or ‘liberty cap’) – found in many gardens and woods throughout the UK..now classified as a Class A Drug regardless of whether picked in the raw state or prepared, ie stewed or dried. Therefore an arrestable offence.

Class B drugs

Include: Amphetamines, Methylphenidate (Ritalin), Pholcodine
Penalties for possession: Up to five years in prison or an unlimited fine. Or both
Penalties for dealing: Up to 14 years in prison or an unlimited fine. Or both

Amphetamine – (speed/billy wizz/sulph/fet) – generally dealt in powder or paste (base) format. Easily identified from the ‘powerful ammonia’ smell it gives off. Remember if ‘injected’ or prepared for injection it becomes a Class A drug in respective of the law under the Misuse of Drugs Act 1971.

Class C drugs

Include: Cannabis, tranquilisers, some painkillers, GHB (Gamma hydroxybutyrate), ketamine
Penalties for possession: Up to two years in prison or an unlimited fine. Or both
Penalties for dealing: Up to 14 years in prison or an unlimited fine. Or both

Cannabis – is the most widely abused illegal drug in the workplace. Many have sought business premises to cultivate and produce Cannabis in large quantities and turning a blind eye to this sort of activity is not an excuse. The government have recently agreed to reclassify this drug back to Class B. There are many other prescriptions drugs that sit in the Class C category and employers should ensure they have confidential mechanisms in place to document these particular drugs.

Are you and your employers aware of the Criminal law and other legislation with regards to Drugs Misuse in the workplace..?? Contact us now to see how we can help protect you and your organisation.