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"10
Marlboro Lights and a packet of slims please..."
On
January 29th 2004, the laws surrounding cannabis posession in the UK
changed for the better... it's just one step in the right direction.
Here's an overview of what the change in the Misuse of Drugs act actually
means:
How are
drugs classified?
Since the 1970s,
British laws have put drugs into three categories based on the harm
they can cause.
Class A is the most
harmful, including things like heroin and morphine; Class B is the middle
group, covering amphetamines and barbiturates; and Class C includes
those judged to be the least harmful, such as anabolic steroids and,
from January 2004, cannabis.
What are
the key changes in the guidelines?
The key change is
that there will be a "presumption against arrest" when officers
come across someone with cannabis in their possession.
At present, police
are expected to arrest cannabis users, though officers in some forces
already take a pragmatic approach and turn a blind eye to people who
have small amounts of the drug for their own use.
What will
the changes mean for cannabis users?
Most people found
in possession of cannabis are unlikely to be arrested. Instead, the
police will give them an informal on-the-spot warning and confiscate
the drug.
Can people
still be arrested for using and dealing cannabis?
Yes. Police still
have the power to arrest anyone found with cannabis, though they are
advised to use their discretion. Those who smoke the drug in "public
view" or in front of children - near playgrounds, schools and youth
clubs - are more likely to be arrested.
Persistent cannabis
offenders are also more at risk of arrest as are those who use the drug
in situations where there is a "fear of public disorder".
Dealers will continue
to be arrested and face the same penalties as before - a maximum of
14 years in prison.
Why have
these changes been brought in?
The guidelines are
intended to help the police put the policy on re-classifying cannabis
into practice.
The Home Office
and the police hope the changes will mean officers will spend less time
arresting and processing cannabis offenders, allowing them to focus
on more harmful drugs like heroin, cocaine and crack.
Are they
likely to face much opposition?
A number of MPs
and anti-drug campaigners have grave misgivings about the decision to
re-classify cannabis, saying it sends out the wrong message about drugs.
The Police Federation,
which represents frontline officers, is also opposed to re-classification,
though it welcomes the guidelines. But many drugs workers say the changes
are long overdue.
Are they
likely to cause confusion amongst the public?
There is some evidence
that the decision to re-classify, and the experiment at Brixton in south
London under which police took a more lenient approach to cannabis offences,
led some people to think that cannabis was being legalised.
Whether confusion
remains depends on how well ministers, police, teachers and drug workers
can explain the changes whilst reinforcing the message that cannabis
remains illegal.
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Misuse
of Drugs Act 1971 - Maximum Penalties
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Posession
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Supply
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Class
A
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7
years imprisonment or a fine or both
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Life
imprisonment or a fine or both
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Class
B
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5
years imprisonment or a fine or both
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14
years imprisonment or a fine or both
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Class
C
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2
years imprisonment or a fine or both
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5
years imprisonment or a fine or both*
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Under
the new clasification, Cannabis dealers may still face the higher penalty
of 14 years imprisonment.
Passing
drugs amongst friends is classed as supplying. Allowing your house or
premises to be used for drug misuse is also illegal.
A
conviction for any Misuse of Drugs Act offence can affect future employment.
Many other countries may refuse visas to people with drug convictions.
Misuse will often invaildate insurance policies, including holiday,
vehicle and health cover.
To
stop someone committing an offence with a drug, you can either destroy
it or hand it over to the police.
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