Drugs and crime

It’s not just drug dealers who will be arrested if they get caught in the act. Carrying drugs for personal use can land you a large fine or time in prison too. It’s a good idea to understand the laws surrounding drug classifications, possession and intent to supply.

Drugs and the law

In addition to possession and dealing, it is also illegal to supply anyone with drugs, to produce drugs or to import or export drugs. It is also illegal to allow premises you use or occupy to be used for supplying drugs. If you are found with drugs in close proximity to a school or youth facility the courts will impose higher penalties.

It is important to realise that getting involved in drugs can bring other problems. Use of drugs may lead to increased problems with your family.

It is common for drug use to increase; the user may not be able to work and social security benefits may not provide enough income to support the drug use. Money may need to be borrowed and if repayments can't be met, this brings other problems.

Drug users even resort to crime, such as burglary, to find items that can be stolen and sold to others to raise money. Users may resort to robbery, theft, extortion - anything to secure money to buy drugs.

At some point this will lead the drug user to being involved with the police or perhaps the Revenue and Customs staff.

How drugs are classified

All drugs are put into one of three categories, according to how dangerous they are. It’s worth remembering that different drugs affect people in different ways. Just because a drug is not ‘Class A’, it can still be very dangerous.

The three categories of drugs are Class A, Class B and Class C.

• Class A drugs are drugs that have the most harmful effects. These drugs include heroin, cocaine, ecstasy and LSD.
• Class B drugs are considered less dangerous than Class A ones but they can still be harmful. These include speed, cannabis, mephedrone and some amphetamines.
• Class C drugs are considered less dangerous to the user than Class A and Class B drugs but they are still illegal. These include ketamine, GHB and some tranquilisers.

• A-Z of drugs and their classification - Talk to FRANK website

Possessing drugs

If you have been found in possession of drugs, you'll be arrested. All the drugs found in your possession will be taken away from you and destroyed.

If you're caught with drugs in your bag or in your pocket, you may be charged with possessing (or possession with intent to supply - a much more serious offence) an illegal substance, whether it's yours or not. If you're under 17, the police are allowed to tell your parent, guardian or carer that you've been caught.

The punishment that you receive will depend on the class of drug that the police found, the quantity of drugs found, where you and the drugs are found  (if found close to a school or young persons youth club, the court will give a higher sentence) and your personal history (previous crimes, but importantly, any previous drug offences ).

If you are under 18 years old and were found with a Class C drug, and depending on the circumstances, you will receive a formal (recorded) warning and a police caution. You may also be referred to the police Youth Diversion Scheme. If over 18 years you will receive a caution and further action will depend upon the decision reached by the Public Prosecution Service on whether to prosecute.

If you're found with a Class A or B drug, or if you have a history of drug offences, you will be prosecuted and this opens a new range of punishments available.

The maximum sentences for possession of each class of drug are:

• up to seven years in prison or an unlimited fine (or both) for a Class A drug
• up to five years in prison or an unlimited fine (or both) for a Class B drug
• up to two years in prison or an unlimited fine (or both) for a Class C drug

These sentences can increase a lot more if you are found to be dealing in drugs or supplying them - even if it's just to friends or no money changes hands.

• Young people and custody  

Is cannabis still illegal?

Yes. Cannabis is still illegal, no matter how much or little you have in your possession. From January 2009 the Government changed the classification of cannabis from Class C to Class B.

As a result the maximum penalty for possession of cannabis as a Class B drug has now increased from two to five years imprisonment. A magistrates' court can also impose a fine of up to £2,500 (an increase from £1,000 ).

If the Public Prosecution Service decides to prosecute you for supplying or producing an illicit drug the maximum prison sentence remains at 14 years.

Mephedrone

Mephedrone, or meow meow, has been classified as a Class B drug under the Misuse of Drugs Act which means it is illegal to possess or supply the substance. Importing mephedrone was made illegal on 29 March 2010.

It can cause anxiety and paranoia (feelings of being persecuted), heart palpitations and fits or seizures. If snorted, it can lead to severe nosebleeds. Like many substances, regular use can lead to the development of a compulsive habit.

People who possess these drugs face up to five years in prison or an unlimited fine. Those caught dealing it could face up to 14 years in prison.

• Talk to Frank about mephedrone

Intent to supply and dealing

If you are found to be supplying or dealing drugs, the punishment is likely to be tough. Supplying drugs doesn’t just apply to dealers. If police suspect that you intend to share drugs with your friends, this is still considered to be supplying.

Being suspected of supplying drugs means you are much more likely to be charged. The amount of drugs found on you, and whether you have a criminal record, will be taken into account when a punishment is being decided.

Decisions to prosecute are taken by the Public Prosecution Service. The maximum sentences for intent to supply drugs are:

• up to life in prison or an unlimited fine (or both) for a Class A drug
• up to 14 years in prison or an unlimited fine (or both) for a Class B or Class C drug

Other restrictions

It is also important to note that if you are found guilty for a drug offence this will have significant implications for your future life. You may not be able to go into the career that you hoped and some countries will not let you in if you have this background.