Misuse of Drugs Act 1971

Misuse of Drugs Act 1971^[1]

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to make new provision with respect to dangerous or otherwise harmful drugs and related matters, and for purposes connected therewith.
Citation	1971 c. 38
Introduced by	Reginald Maudling
Territorial extent	England and Wales; Scotland; Northern Ireland
Dates
Royal assent	27 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Text of statute as originally enacted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.