Misuse of Drugs Act 1971 & Criminal Conspiracy

The Misuse of Drugs Act 1971 places 'controlled' substances into three different categories :-

1. Class A:- cocaine, crack, ecstasy, heroin, LSD, magic mushrooms prepared for use, amphetamines (if prepared for injection), and in some instances cannabis oil.
The maximum penalty for possession is 7 years in prison and/or a fine
The maximum penalty for supply is life imprisonment and/or a fine

2. Class B:- amphetamines.
The maximum penalty for possession is 5 years in prison and/or a fine
The maximum penalty for supply is 14 years in prison and/or a fine

3. Class C:- cannabis, rohypnol, GHB, temazepam, supply of anabolic steroids and tranquilizers
The maximum penalty for possession is 2 years in prison and/or a fine
The maximum penalty for supply is 5 years in prison and/or a fine

If an investigation has started or an arrest has been made it is essential that professional advice be obtained from criminal defence solicitors as soon as possible. In addition to the penalties outlined above most substantial drug trafficking involves more than one person and where more than one person is concerned the prosecution have the option to also charge the offense of conspiracy which has a maximum sentence of life imprisonment. This type of offense is rarely possible without the assistance or collusion of others and conspiracy charges may result from the most loose or informal associations between those committing criminal offenses. The term "conspiracy" has numerous definitions however one of the most widely used by criminal defence solicitors is :-
"A conspiracy is an agreement between two or more people to carry out a criminal purpose, whether that purpose is an end in itself or a means to an end."

Production of controlled drugs is usually restricted to the illegal manufacture of amphetamine sulphate and LSD however it does also now include cultivating cannabis. The mere growing of psilocybin mushrooms is not sufficient to establish this charge, as psilocybin mushrooms are naturally abundant in the UK, however if a mushroom grower admits growing mushrooms for the purposes of using psilocybin they are likely to be prosecuted.

Most of the law on the importation and export of drugs is contained in the Customs and Excise Management Act 1979 which is mainly directed at commercial drug traffickers and is technical in nature. The import and export of controlled drugs is normally considered to be a serious trafficking offense which attracts heavy penalties. The Act also makes it possible for others to be charged with import/export and even if they are remote from the physical act of passing through customs they can still be charged with being "concerned" with fraudulent evasion or attempted evasion of a prohibition or restriction on a controlled substance.

Article Source: http://www.rightbiz.com

The author is a well known legal writer and operates www.actusre.us which is dedicated to obtaining personal injury damages for the victims of violent crime from the UK Criminal Injuries Compensation Authority.

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