National Drugs Helpline 0800 77 66 00
What the Law says about Drugs
The law says that some drugs are 'controlled'. 'Possession' and 'supply' of controlled drugs are criminal offences.
'Possession' simply means that you have controlled drugs in your possession, perhaps in your pockets or bag, in your car or at home. The police can stop, detain and search you if they have reasonable suspicion that you are in possession of a controlled drug.
Supplying (or dealing) means giving or selling illegal drugs to someone else. So if someone sells you drugs, say, at a night-club, they are 'supplying'. But it isn't just night-club or street corner dealers who 'supply'. If you give drugs to other people, or if you go out and buy them and then share them with friends, then you are supplying, even if your friends don't pay you for their share. 'Intent to supply' is also an offence so, for example, if you went to a night-club with a large amount of drugs on you, you could be prosecuted for 'intent to supply' as well as for possession, even if you hadn't actually sold any drugs.
Some controlled drugs are called 'Class A' drugs and others 'Class B' or 'Class C'.
Class A: these are the 'hard' drugs like heroin, cocaine, crack, LSD, PCP, and ecstasy. Class A also includes any Class B drug prepared for injection.
Class B: includes amphetamines (speed), barbiturates.
Class C: these are drugs like anabolic steroids, tranquillisers, GHB, and the recently downgraded cannabis.
So what happens if I am caught with illegal drugs?
There are heavy penalties for drugs offences. Supplying or dealing is more serious than possession and the penalties are more severe. The penalties are higher if Class A drugs are involved.
These are the maximum penalties and are reserved for the most serious cases involving large quantities of drugs or repeated offences. So you won't get life for possessing a small amount of cannabis, but you won't get off scot-free either.
You can be taken to court straightaway for any offence involving drugs but if your offence is not one of the most serious the police will usually try to find another way to help you deal with your drug misuse. How they will deal with you depends on your age, what drugs you have and how much of them, whether they are for your own use or for supply to other people, and whether you have been caught before.
If you are under 18 you will also be referred to the Youth Offending Team which will decide whether they need to do anything to help you stay out of trouble in future. If you offend again, you will probably be prosecuted.
If you're 18 or over, reprimands and final warnings don't apply: you will probably get a caution for a first offence. A senior police officer will formally interview you and warn you about your behaviour in the future and tell you what will happen if you offend again.
If you are cautioned, the police will keep a record of it and if later you appear in court for other offences, the court can be told about the caution and it may influence the punishment you receive. So getting a caution for a drugs offence doesn't mean you've got away with it: it's a serious matter. At the same time it's meant to avoid giving you a criminal record and help you to stay out of further trouble.
Things get more serious if -
- you've already been cautioned or convicted for drug offences;
- you're suspected of supplying or intending to supply drugs, including cannabis, to other people, whether or not they pay you for them; or
- any drug other than cannabis is involved.
In these cases you are unlikely to be reprimanded or cautioned. Instead you will probably be prosecuted. This means appearing in Court and if you are found guilty, the most likely punishment is a fine. If you keep on offending, or if you commit very serious offences, you can be sent to prison or to a Young Offender's Institute, depending on your age. Serious cases are often referred to the Crown Court, which can impose higher penalties than a Magistrates Court. If you use a hard drug like heroin or cocaine you may have to undergo compulsory treatment for your addiction.
Once you've been convicted of an offence, you have a criminal record. This may stop you doing certain types of work, like working with children or jobs that are positions of trust, like handling money.
Some people say that using cannabis isn't serious and the police take no notice. This isn't true: the police and the courts take a serious view of all drug offences and will deal with any they come across. At the same time the system is designed to help you: you won't get a criminal record for the first, or minor, offences but you certainly will if you go on to commit further offences.
Drug Driving
Possessing and supplying aren't the only ways drugs can get you into trouble with the law. It is an offence to drive a car (or any other motor vehicle) while you're unfit to do so because of drugs. This includes drugs being used as medicines - prescribed by your doctor or bought at the chemist's shop - as well as illegal drugs.
You could be unfit to drive when you've just taken a drug or for some time afterwards while its effects wear off. Cannabis has been proved to affect people's ability to drive.
Other Drug Offences
As well as dealing and supplying drugs, it is illegal to produce or manufacture a controlled drug. So growing cannabis, or making crack from cocaine is illegal.
It is also illegal to supply or offer to supply fake drugs, even if what you are actually supplying is not an illegal substance.
You must not allow your home or other premises to be used for producing or supplying illegal drugs or for preparing opium for smoking, or actually smoking cannabis.
Prescribed Drugs
Drugs prescribed by your doctor or bought at the chemist's can make you drowsy or affect your judgement so it's important never to take more than the stated dose. With some prescribed medicines it's dangerous to mix them with other drugs or alcohol.
Going Abroad
Other countries have different laws about drugs. In some, like Holland, they're more tolerant of cannabis than in Britain. But other countries are much stricter, especially in the Far East or the Middle East. So if you're going to countries like Saudi Arabia, Singapore or Thailand you could be sentenced to many years in prison or even death for what seem like minor drug offences. It's also one of the most serious drug offences to bring illegal drugs - regardless of type or amount - into the UK from abroad. Both Customs and Excise and the Police can deal with this offence.
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