home
radio show
guides
amphetamines
cannabis
cocaine
ecstasy
heroin
ketamine
LSD
mushrooms
help
q&a
essential info
emergencies
resources
gallery
articles
good books
links
the site
search
what's new
about us
faq
donate
subscribe
contact

our newsletter |
 |
 |
 |
where
you stand - officially and unofficially
by Paul Almond
There are three main crimes associated with drugs under
UK law: possession, possession with intent to supply, and supply. The definition
and penalties for each penalties are grey areas, up for interpretation by the
police and the courts.
possession
Basically, whatever the drug, if you get caught
with a small amount, you'll be charged with possession. If it's your first offence,
you're going to get off with an automatic caution. Like a conviction, a caution
stays on your record forever, although it becomes 'spent' after about six or seven
years. This means that a court cannot take it into account.
intent to supply
It doesn't take much to be suspected of possession
with intent to supply. Passing drugs to your friends even for no money is considered
supply.
We spoke to a detective sergeant on a local district drugs
unit in the north of England, who gave us a rough guide as to the amounts that
would be sufficient to suspect possession with intent:
| |
amphetamines
|
|
"a couple of grams" |
| |
cannabis
|
|
"a couple of ounces" |
| |
cocaine
|
|
"a small quantity - one gram" |
| |
ecstasy
|
|
"more than two pills" |
| |
heroin
|
|
"1/16th oz" |
| |
LSD
|
|
"a couple of tabs" |
| |
magic mushrooms
|
|
"don't think we'd really bother" |
drug by drug
amphetamines
|
CLASS
|
B |
|
AMOUNT CONSIDERED 'SUPPLY'
|
2 grams |
|
MAX PUNISHMENT (supply)
|
14 years or a fine (or both) |
|
MAX PUNISHMENT (possession)
|
5 years or a fine (or both) |
|
AVERAGE PUNISHMENT (in reality)
|
10 months with £93 fine |
|
CAUTIONED
|
3,647 |
| FOUND GUILTY
|
9,221 |
|
IMPRISONED
|
1,290 |
(source: UK Home Office, 1998)
our comments:
Amphetamines are used medically as an appetite suppressant and are available on
prescription only.
top
cannabis
|
CLASS
|
B |
|
AMOUNT CONSIDERED 'SUPPLY'
|
2 oz |
|
MAX PUNISHMENT (supply)
|
14 years or a fine (or both) |
|
MAX PUNISHMENT (possession)
|
5 years or a fine (or both) |
|
AVERAGE PUNISHMENT (in reality)
|
10 months and £87 fine |
|
CAUTIONED
|
48,480 |
| FOUND GUILTY
|
40,119 |
|
IMPRISONED
|
2,832 |
(source: UK Home Office, 1998)
our comments the
most popular recreational drug in the UK gets over 40,000 more arrests than all
the other drugs put together. This is because it is so widely used and a lot of
people think it should be legalised. "People are cheeky about it," said one police
officer. "It's a much more open drug."
The police are ambivalent about bringing someone in for a first-time possession
offence for cannabis: on one hand, it's regarded as a waste of time; on the other
hand, it can be constructive: either as a leverage for information or a deterrent
for a repeat offence.
Recently, the Metropolitan police have been testing a policy of "on the spot
warnings" and confiscating rather than cautioning or prosecution. "It
takes two officers five hours to process a single caution," said a Scotland
Yard police spokesperson. "What's the point...when magistrates only fine
users £10 to £20?"
top
cocaine
|
CLASS
|
A |
|
AMOUNT CONSIDERED 'SUPPLY'
|
1 gram |
|
MAX PUNISHMENT (supply)
|
life and an unlimited fine |
|
MAX PUNISHMENT (possession)
|
7 years and an unlimited fine |
|
AVERAGE PUNISHMENT (in reality)
|
3 years 3 months and £167
fine |
|
CAUTIONED
|
819 |
| FOUND GUILTY
|
2,642 |
|
IMPRISONED
|
411 |
(source: UK Home Office, 1998)
our comments the
police are hard on cocaine. One drugs unit police officer we spoke to told us
that a quantity in the region of one gram would be sufficient grounds to suspect
possession with intent to supply.
top
ecstasy
|
CLASS
|
A |
|
AMOUNT CONSIDERED 'SUPPLY'
|
3 pills |
|
MAX PUNISHMENT (supply)
|
life and an unlimited fine |
|
MAX PUNISHMENT (possession)
|
7 years and an unlimited fine |
|
AVERAGE PUNISHMENT (in reality)
|
2 years 2 months and £173
fine |
|
CAUTIONED
|
911 |
| FOUND GUILTY
|
1,461 |
|
IMPRISONED
|
238 |
(source: UK Home Office, 1998)
our comments whether you are
charged with intent to supply or possession depends largely on whether the police
believe you to be a dealer or not. Luck plays a large part: if you are arrested
carrying two or three pills, it's unlikely you'd be charged with intent to supply,
unless there was other evidence or previous convictions
In two recent cases, a young man was caught with 10 E pills and 20 tabs of acid,
and received a sentence of three and a half years for intent to supply. Another
man was stopped with 50 E pills, and walked free on possession charges.
top
heroin
|
CLASS
|
A |
|
AMOUNT CONSIDERED 'SUPPLY'
|
1/16th oz |
|
MAX PUNISHMENT (supply)
|
life and an unlimited fine |
|
MAX PUNISHMENT (possession)
|
7 years and an unlimited fine |
|
AVERAGE PUNISHMENT (in reality)
|
2 years and £129 fine |
|
CAUTIONED
|
1,843 |
| FOUND GUILTY
|
7,583 |
|
IMPRISONED
|
1,534 |
(source: UK Home Office, 1998)
top
ketamine
Ketamine is not a controlled substance, but can only be obtained
by prescription. However, you could be prosecuted under the Medicines Act for
supply without a licence.
There are no figures available.
our comments:
there have been calls to make Ketamine a controlled substance under the Misuse
Of Drugs Act but there is a lack of enthusiasm, partly down to political disinterest
and partly Ketamine's broad use in hospitals and animal surgeries.
Also, there is yet to be a Ketamine death (and probably won't be thanks to the
drug's wide safety margin). See our
guide to Ketamine for more details.
top
magic mushrooms
Mushrooms are legal as long as they are fresh and unprocessed.
You cannot be arrested or prosecuted for possessing freshly picked or cultivated
mushrooms. However, drying or powdering or preparing them in any way for consumption
turns them into a Class A drug (with the usual penalties).
our comments: We spoke to a detective sergeant on
a local district drugs unit in the north of England, who said, "I don't think
we'd really bother," if they caught someone in possession of a gram of magic mushrooms
powder.
(source: UK Home Office, 1998)
top
LSD
|
CLASS
|
A |
|
AMOUNT CONSIDERED 'SUPPLY'
|
3 tabs |
|
MAX PUNISHMENT (supply)
|
life and an unlimited fine |
|
MAX PUNISHMENT (possession)
|
7 years and an unlimited fine |
|
AVERAGE PUNISHMENT (in reality)
|
1 year 8 months and £148
fine |
|
CAUTIONED
|
92 |
| FOUND GUILTY
|
385 |
|
IMPRISONED
|
72 |
|
 |
 |
|
 |