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Drug Penalties
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 gray areas, up for interpretation by the police and the courts.
possession
intent to 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.
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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 legalized. "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 offense 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 offense.
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?"
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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.
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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.
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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)
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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 license.
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.
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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)
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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 |
