SCHEDULES

SCHEDULE 1 Setting and alteration of certain penalties

Alteration of penalties on summary conviction of certain offences under the Misuse of Drugs Act 1971

11

1

The M1Misuse of Drugs Act 1971 shall be amended as follows—

a

in the entries in Schedule 4 showing the punishment that may be imposed on persons summarily convicted of offences mentioned in sub-paragraph (2)(b) below, for “6 months” there shall be substituted “ 3 months ”; and

b

in the entry in Schedule 4 relating to section 5(2)—

i

for “6 months” (being the maximum punishment on summary conviction of an offence under that section where a Class B drug was involved) there shall be substituted “ 3 months ”, and

ii

for “6 months” being the maximum punishment on summary conviction of such an offence where a Class C drug was involved there shall be substituted “ 3 months ”.

2

The offences to which (as provided in paragraph 2(7) above) paragraph 2(1) above does not apply are—

a

offences under section 5(2) of the Misuse of Drugs Act 1971 (having possession of a controlled drug) where the controlled drug in relation to which the offence was committed was a Class B or Class C drug;

b

offences under the following provisions of that Act, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—

i

section 4(2) (production, or being concerned in the production, of a controlled drug);

ii

section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another);

iii

section 5(3) (having possession of a controlled drug with intent to supply it to another);

iv

section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there);

v

section 12(6) (contravention of direction prohibiting practitioner etc from possessing, supplying etc controlled drugs); or

vi

section 13(3) (contravention of direction prohibiting practitioner etc from prescribing, supplying etc controlled drugs).

3

In this paragraph “controlled drug”, “Class B drug” and “Class C drug” have the same meaning as in the Misuse of Drugs Act 1971.