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.