Drug policy of the United Kingdom

Last updated

Drugs considered addictive or dangerous in the United Kingdom are called "controlled substances" and regulated by law. Until 1964 the medical treatment of dependent drug users was separated from the punishment of unregulated use and supply. Under this policy drug use remained low; there was relatively little recreational use and few dependent users, who were prescribed drugs by their doctors as part of their treatment. From 1964 drug use was decreasingly criminalised, with the framework still in place as of 2014 largely determined by the Misuse of Drugs Act.[ citation needed ]

Contents

History

Until 1916 drug use was hardly controlled, and widely available opium and coca preparations commonplace. [1] :13–14

Between 1916 and 1928 concerns about the use of these drugs by troops on leave from the First World War and then by people associated with the London criminal society gave rise to some controls being implemented. [1] The distribution and use of morphine and cocaine, and later cannabis, were criminalised, but these drugs were available to addicts through doctors; this arrangement became known as the "British system" and was confirmed by the report of the Departmental Committee on Morphine and Heroin Addiction (Rolleston Committee) in 1926. [1] The Rolleston Report was followed by "a period of nearly forty years of tranquillity in Britain, known as the Rolleston Era. During this period the medical profession regulated the distribution of licit opioid supplies and the provisions of the Dangerous Drugs Acts of 1920 and 1923 controlled illicit supplies." [2] The medical treatment of dependent drug users was separated from the punishment of unregulated use and supply. This policy on drugs was maintained in Britain, and nowhere else, until the 1960s. Under this policy drug use remained low; there was relatively little recreational use and few dependent users, who were prescribed drugs by their doctors as part of their treatment. [1]

The import of Marijuana via exportation is 1% of the trade within the drug industry in the UK.

It has been argued that the main legal innovations between 1925 and 1964 were in response to international pressures, not domestic problems. [1]

In the 1960s a few doctors prescribed large amounts of heroin, some of which was diverted into the illegal market. Also substances such as cannabis, amphetamines and LSD started to become significant in the UK. [1]

In 1961 the international Single Convention on Narcotic Drugs was introduced. To control global drug trading and use, it banned countries from treating addicts by prescribing illegal substances, allowing only scientific and medical uses of drugs. It was not itself binding on countries, which had to pass their own legislation. [3]

Following pressure from the US, the UK implemented the Drugs (Prevention of Misuse) Act 1964 in 1964. Although the Convention dealt with the problems of drug production and trafficking, rather than the punishment of drug users, the 1964 Act introduced criminal penalties for possession by individuals of small amounts of drugs, as well as possession with intent to traffic or deal in drugs. The police were soon given the power to stop and search people for illegal drugs. [3]

In 1971 the Misuse of Drugs Act (MDA) was passed, continuing measures in previous legislation, and classifying drugs into classes A (the most highly regulated), B, and C. Penalties for trafficking and supply were increased in the 1980s. [1]

In 1991 a new phase of UK drug legislation started with an attempt to integrate health and criminal justice responses via Schedule 1A6 Probation Orders. This reduced the separation between medical and punitive responses that had characterised the British system in the past. [1]

Legislation

United Kingdom Drug related legislation [4]
YearActPurposeLegislation
1868 Pharmacy Act First regulation of poisons and dangerous substances. Limited sales to chemists.
1908 Poisons and Pharmacy Act Regulations on sale and labelling, including coca.
1916 Defence of the Realm Act 1914 (Regulation 40B)Sale and possession of cocaine restricted to "authorised persons".
1920 Dangerous Drugs Act Limited production, import, export, possession, sale and distribution of opium, cocaine, morphine or heroin to licensed persons.
1925Dangerous Drugs ActControlled importation of coca leaf and cannabis.
1928Amendment to Dangerous Drugs ActCriminalised possession of cannabis. Doctors continued to be able to prescribe any drugs as treatments, including for addiction.
1964 Dangerous Drugs Act Criminalised cultivation of cannabis following UN 1961 Single Convention.
1964 Drugs (Prevention of Misuse Act) Criminalised possession of amphetamines.
1967 Dangerous Drugs Act Doctors required to notify Home Office of addicted patients. Restriction on prescription of heroin and cocaine for treatment of addiction.
1971 Misuse of Drugs Act Introduced classes A, B, and C of drugs. Created offence of "intent to supply". Increased penalties for trafficking and supply (14 years imprisonment for trafficking Class A drugs). Established the Advisory Council on the Misuse of Drugs (ACMD).
1985 Controlled Drugs (Penalties) Act Maximum penalty for trafficking Class A drugs increased to life imprisonment.
1986 Drug Trafficking Offences Act Making suspects aware of an investigation criminalised. Police could compel breaches of confidentiality, and could search and seize.
1991 Criminal Justice Act 1991, Schedule 1A6A probation order could have attached a condition of attending drug treatment.
1998 Crime and Disorder Act Created the Drug Treatment and Testing Order (DTTO).
2000 Criminal Justice and Court Services Act People charged with certain offences could be tested for drugs by police. Created the Drug Abstinence Order, the Drug Abstinence Requirement. Introduced testing for prisoners released subject to supervision.
2003 Criminal Justice Act 2003 Bail restricted for people charged with certain offences if test indicates Class A drug use. Created the generic Community Order, replacing the DTTO with the Drug Rehabilitation Requirement.
2003 Anti-Social Behaviour Act Premises used for Class A drugs supply could be closed.
2005 Drugs Act Introduced drug testing on arrest. Classified psilocybin mushrooms as drugs. Required treatment assessment could not be refused. Penalties for dealing near schools increased.
2006 Police and Justice Act.Punitive conditions can be attached to conditional cautioning.
2007 Drugs Act 2005 (Commencement No. 5) Order 2007 S.I. 2007/562
2008Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008 S.I. 2008/295
2008Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008 S.I. 2008/296
2008The Misuse of Drugs Act 1971 (Amendment) Order 2008 S.I. 2008/3130
2009The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) OrderS.I. 2009/3135
2009The Misuse of Drugs (Amendment) (England, Wales and Scotland) RegulationsS.I. 2009/3136
2009The Misuse of Drugs Act 1971 (Amendment) OrderS.I. 2009/3209
2016 Psychoactive Substances Act 2016
2016The Misuse of Drugs Act 1971 (Temporary Class Drug) Order 650
2016The Misuse of Drugs Act 1971 (Amendment) Order 1109
2016The Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 2) Order 1126
2017The Misuse of Drugs Act 1971 (Amendment) Order 634
2017The Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 1114
2018The Misuse of Drugs Act 1971 (Amendment) Order 1356
2019The Misuse of Drugs Act 1971 (Amendment) Order 323
2021The Misuse of Drugs Act 1971 (Amendment) Order 868

See also

Related Research Articles

<span class="mw-page-title-main">Controlled Substances Act</span> United States drug-regulating law

The Controlled Substances Act (CSA) is the statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and signed into law by President Richard Nixon. The Act also served as the national implementing legislation for the Single Convention on Narcotic Drugs.

<span class="mw-page-title-main">Heroin</span> Opioid used as a recreational drug for its euphoric effects

Heroin, also known as diacetylmorphine and diamorphine among other names, is a morphinan opioid substance synthesized from the dried latex of the Papaver somniferum plant and is mainly used as a recreational drug for its euphoric effects. Medical-grade diamorphine is used as a pure hydrochloride salt. Various white and brown powders sold illegally around the world as heroin are routinely diluted with cutting agents. Black tar heroin is a variable admixture of morphine derivatives—predominantly 6-MAM (6-monoacetylmorphine), which is the result of crude acetylation during clandestine production of street heroin. Heroin is used medically in several countries to relieve pain, such as during childbirth or a heart attack, as well as in opioid replacement therapy.

<span class="mw-page-title-main">Prohibition of drugs</span> History, effects and enforcement of the prohibition of drugs

The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances.

<span class="mw-page-title-main">Harm reduction</span> Public health policies which lessen negative aspects of problematic activities

Harm reduction, or harm minimization, refers to a range of intentional practices and public health policies designed to lessen the negative social and/or physical consequences associated with various human behaviors, both legal and illegal. Harm reduction is used to decrease negative consequences of recreational drug use and sexual activity without requiring abstinence, recognizing that those unable or unwilling to stop can still make positive change to protect themselves and others.

<span class="mw-page-title-main">Misuse of Drugs Act 1971</span> United Kingdom legislation

The Misuse of Drugs Act 1971 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, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

<span class="mw-page-title-main">Regulation of therapeutic goods</span> Legal management of drugs and restricted substances

The regulation of therapeutic goods, defined as drugs and therapeutic devices, varies by jurisdiction. In some countries, such as the United States, they are regulated at the national level by a single agency. In other jurisdictions they are regulated at the state level, or at both state and national levels by various bodies, as in Australia.

<span class="mw-page-title-main">Narcotic Drugs and Psychotropic Substances Act, 1985</span> Indian act of parliament

The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits a person the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance. The bill was introduced in the Lok Sabha on 23 August 1985. It was passed by both the Houses of Parliament, received assent from then President Giani Zail Singh on 16 September 1985, and came into force on 14 November 1985. The NDPS Act has since been amended four times — in 1988, 2001, 2014 and 2021. The Act extends to the whole of India and it applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India.

The Misuse of Drugs Act 1977, the Misuse of Drugs Act 1984, Misuse of Drugs Act 2015 and the Criminal Justice Act 2010 are the acts of the Oireachtas regulating drugs in Ireland. The acts define the penalties for unlawful production, possession and supply of drugs.

<span class="mw-page-title-main">Misuse of Drugs Act 1975</span> Act of Parliament in New Zealand

The Misuse of Drugs Act 1975 is a New Zealand drug control law that classifies drugs into three classes, or schedules, purportedly based on their projected risk of serious harm. However, in reality, classification of drugs outside of passing laws, where the restriction has no legal power, is performed by the governor-general in conjunction with the Minister of Health, neither of whom is actually bound by law to obey this restriction.

The United Kingdom Misuse of Drugs Act 1971 aimed to control the possession and supply of numerous listed drugs and drug-like substances as a controlled substance. The act allowed and regulated the use of some Controlled Drugs by various classes of persons acting in their professional capacity.

<span class="mw-page-title-main">Federal drug policy of the United States</span> Nationwide framework regarding the abuse of drugs in the United States

The drug policy in the United States is the activity of the federal government relating to the regulation of drugs. Starting in the early 1900s, the United States government began enforcing drug policies. These policies criminalized drugs such as opium, morphine, heroin, and cocaine outside of medical use. The drug policies put into place are enforced by the Food and Drug Administration and the Drug Enforcement Administration. Classification of Drugs are defined and enforced using the Controlled Substance Act, which lists different drugs into their respective substances based on its potential of abuse and potential for medical use. Four different categories of drugs are Alcohol, Cannabis, Opioids, and Stimulants.

A drug policy is the policy regarding the control and regulation of psychoactive substances, particularly those that are addictive or cause physical and mental dependence. While drug policies are generally implemented by governments, entities at all levels may have specific policies related to drugs.

<span class="mw-page-title-main">Drug liberalization</span> Process of reducing drug prohibition laws

Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include: drug legalization, drug re-legalization and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.

Illicit drug use in Australia is the recreational use of prohibited drugs in Australia. Illicit drugs include illegal drugs, pharmaceutical drugs when used for non-medical purposes, and other substances used inappropriately. According to government and community organisations, the use and abuse, and the illegality, of illicit drugs is a social, health and legal issue that creates an annual illegal market estimated to be worth A$6.7 billion. Estimates made in 2022 place the figure at A$11.3 billion per year.

The Opium Law is the section of the Dutch law which covers nearly all psychotropic drugs.

The drug policy of Sweden is based on zero tolerance focusing on prevention, treatment, and control, aiming to reduce both the supply of and demand for illegal drugs. The general drug policy is supported by all major Swedish political parties with the exceptions of the Left Party - which advocates for the decriminalization of private consumption - and 5 of the 7 major parties' youth wings.

<span class="mw-page-title-main">Drug policy of Canada</span> Overview of the drug policy of Canada

Canada's drug regulations are measures of the Food and Drug Act and the Controlled Drugs and Substances Act. In relation to controlled and restricted drug products, the Controlled Drugs and Substances Act establishes eight schedules of drugs and new penalties for the possession, trafficking, exportation and production of controlled substances as defined by the Governor-in-Council. Drug policy of Canada has traditionally favoured punishment for the smallest of offences, but this convention was partially broken in 1996 with the passing of the Controlled Drugs and Substances Act.

The National Conference of Commissioners on Uniform State Laws developed the Uniform State Narcotic Drug Act in 1934 due to the lack of restrictions in the Harrison Act of 1914. The Harrison Act was a revenue-producing act and, while it provided penalties for violations, it did not give authority to the states to exercise police power regarding either seizure of drugs used in illicit trade or punishment of those responsible.

In 1924, following concerns about the treatment of addicts by doctors, James Smith Whitaker suggested to the Home Office who suggested to the Ministry of Health Departmental Committee on Morphine and Heroin Addiction be formed under the chairmanship of Sir Humphry Rolleston to "... consider and advise as to the circumstances, if any, in which the supply of morphine and heroin to persons suffering from addiction to those drugs may be regarded as medically advisable, and as to the precautions which it is desirable that medical practitioners administering or prescribing morphine or heroin should adopt for the avoidance of abuse, and to suggest any administrative measures that seem expedient for securing observance of such precautions". The committee is usually referred to as the Rolleston Committee.

The Drug Trafficking Safe Harbor Elimination Act was a bill proposed to the 112th United States Congress in 2011. It was introduced to amend Section 846 of the Controlled Substances Act to close a loophole that has allowed many drug trafficking conspirators to avoid federal prosecution. The Drug Trafficking Safe Harbor Elimination Act would have made it a federal crime for persons who conspire on United States soil to traffic or aid and abet drug trafficking inside or even outside the borders of the United States. This Act was created to provide clarity to current laws within the United States and provide criminal prosecution of those who are involved in drug trafficking within the United States or outside its borders. This Act would have provided a borderless application to United States Law and extends possible criminal charges to all individuals involved in the drug transport. The bill passed the House but was not acted upon by the Senate and thus died.

References

  1. 1 2 3 4 5 6 7 8 Reuter, Peter; Stevens, Alex (2007). "An Analysis of UK Drug Policy" (PDF). London: United Kingdom Drug Policy Commission.
  2. Bennett, Trevor (Winter 1988). "The British Experience with Heroin Regulation". Law and Contemporary Problems. 51 (1): 299–314. JSTOR   1191723.
  3. 1 2 "The UK's Misuse of Drugs Act (1971)". h2g2. Retrieved 2021-05-09.
  4. UK government: UK Public General Acts, searchable database