Annex A
THE LEGAL
FRAMEWORK
A1 The main instrument for drugs control
in the United Kingdom is the Misuse of Drugs Act 1971. But the
Misuse of Drugs Act needs to be seen in the context of various
United Nations Conventions on drugs, and is the means by which
the United Kingdom seeks to meet its international obligations
as a signatory to those Conventions, although the scope of the
Misuse of Drugs Act 1971 extends beyond the Conventions.
A2 There are three United Nations Conventions
on international co-operation in the drugs field. They date from
1961, 1971 and 1988. The aim of these Conventions is continuous
international co-operation and control in order to limit drugs
to medical and scientific purposes. Drugs are arranged in schedules
which determine the level of control applied. The controls include
limitations on manufacture, production, cultivation, importation
and possession, as well as requirements of labelling, keeping
records, prescribing and safe custody.
A3 The Misuse of Drugs Act 1971 replaced
the Dangerous Drugs Acts of 1965 and 1967 and thus brought all
controlled drugs under the same statutory framework. In so doing,
it also incorporated a new system of classification. Drugs were
placed in three classes (A, B and C), and penalties for offences
under the Act were related to the class of drug in the offence.
The Misuse of Drugs Act 1971 also established the Advisory Council
on the Misuse of Drugs, which it tasked with keeping under review
the misuse of drugs in the United Kingdom and advising Ministers
on measures to deal with social problems caused by such misuse.
A4 Class "A" drugs include heroin,
cocaine, LSD and Ecstasy. Class "B" drugs include cannabis
and amphetamines, and Class "C" include the Benzodiazepines
and anabolic steroids. Drugs can be reassigned between classes
or new drugs added, by statutory instrument, but only after consulting
the Advisory Council. The maximum punishment for the production
or supply of a Class "A" drug is life imprisonment,
14 years for a Class "B" drug and five years for Class
"C" drug. For possession the respective maxima are seven
years; five years; and two years. Lower maximum penalties apply
where the sentence is imposed at a magistrates' court.
A5 As already mentioned, UK legislation
seeks to mirror UN Conventions and, while the Misuse of Drugs
Act 1971 sets out the range of prohibition; secondary legislation,
the Misuse of Drugs Regulations, apply specific control regimes
to all controlled drugs according to five schedules. The schedules
are arranged to reflect differing control regimes according to
the potential dangers of misuse. The regulations set out requirements
for the manufacturers, suppliers and prescribers.
The Advisory Council on the Misuse of Drugs
A6 The Misuse of Drugs Act 1971 established
the Advisory Council on the Misuse of Drugs as the Government's
statutory independent advisory body. Its terms of reference, as
set out by the Misuse of Drugs Act 1971, are: "To keep
under review the situation in the United Kingdom with respect
to drugs which are being or appear to them likely to be misused
under which the misuse is having or appears to them capable of
having harmful effects sufficient to constitute the social problem;
and to advise Ministers of measures to be taken."
A7 The Advisory Council on the Misuse of
Drugs is also responsible for considering any matter relating
to drug dependence or the misuse of drugs which may be referred
to them by Ministers. The Advisory Council on the Misuse of Drugs
must be consulted on any proposal to include or remove a substance
from the list of controlled drugs or to change a drugs classification
under the Misuse of Drugs Act 1971. The Advisory Council on the
Misuse of Drugs currently has 34 members and comprises academic
experts and practitioners in a wide range of areas relating to
drug misuse. The Chair is Professor Sir Michael Rawlins, Head
of the Wolfson Unit of Clinical Pharmacology at the University
of Newcastle.
A8 The Advisory Council on the Misuse of
Drugs meets twice a year. There are two standing sub-committees,
which also meet twice a year: one considers technical matters;
the other reviews drug misuse statistics, information and research.
In recent years working groups have also been established to conduct
enquiries into topical and important issues. Recent reports have
covered drug misuse and the environment, and reducing drug related
deaths. The current enquiry is looking at the effects of parental
drug misuse on children. These reports and the recommendations
they contain inform the development of policy but are written
to be useful to those working in the field.
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