Misuse of Drugs Act 1971

Misuse of Drugs Act 1971[1]
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to make new provision with respect to dangerous or otherwise harmful drugs and related matters, and for purposes connected therewith.
Citation1971 c. 38
Introduced byReginald Maudling
Territorial extent England and Wales; Scotland; Northern Ireland
Dates
Royal assent27 May 1971
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Misuse of Drugs Act 1971[1] (c. 38) is an act of the Parliament of the United Kingdom. It represents action in line with treaty commitments under the Single Convention on Narcotic Drugs,[2] the Convention on Psychotropic Substances,[3] and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.[4]

Offences under the act include:[5]

  • Possession of a controlled drug unlawfully
  • Possession of a controlled drug with intent to supply it
  • Supplying or offering to supply a controlled drug (even where no charge is made for the drug)
  • Allowing premises you occupy or manage to be used unlawfully for the purpose of producing or supplying controlled drugs

It is often presented[by whom?] as little more than a list of prohibited drugs and of penalties linked to their possession and supply. In practice, however, the act establishes the Home Secretary as a key player in a drug licensing system. Therefore, for example, various opiates are available legally as prescription-only medicines, and cannabis (hemp)[6] may be grown under licence for 'industrial purposes'. The Misuse of Drugs Regulations 2001,[7] created under the 1971 Act, are about licensing of production, possession and supply of substances classified under the act.

The act creates three classes of controlled substances, A, B, and C, and ranges of penalties for illegal or unlicensed possession and possession with intent to supply are graded differently within each class. The lists of substances within each class can be amended by Order in Council, so the Home Secretary can list new drugs and upgrade, downgrade or delist previously controlled drugs with less of the bureaucracy and delay associated with passing an act through both Houses of Parliament.

Critics of the Act such as David Nutt say that its classification is not based on how harmful or addictive the substances are, and that it is unscientific to omit substances like tobacco and alcohol.

  1. ^ a b The citation of this act by this short title is authorised by section 40(1) of this act.
  2. ^ "Single Convention on Narcotic Drugs, 1961, United Nations Office on Drugs and Crime website, accessed 6 February 2009". Unodc.org. 24 October 2007. Retrieved 23 January 2011.
  3. ^ "Convention on Psychotropic Substances, 1971, United Nations Office on Drugs and Crime website, accessed 6 February 2009". Unodc.org. 24 October 2007. Retrieved 23 January 2011.
  4. ^ "Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, United Nations Office on Drugs and Crime website, accessed 6 February 2009". Unodc.org. 24 October 2007. Retrieved 23 January 2011.
  5. ^ "Misuse of Drugs Act, Home Office representation of the act, Home Office website, accessed 27 January 2009". Drugs.homeoffice.gov.uk. Archived from the original on 4 May 2010. Retrieved 23 January 2011.
  6. ^ Cite error: The named reference Canna 3 was invoked but never defined (see the help page).
  7. ^ Statutory Instrument 2001 No. 3998 The Misuse of Drugs Regulations 2001