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Heroin and the law
Most of us know that heroin is an illegal drug. But how much do you know about fines, sentences and drug-related crime? We take a closer look at how UK law deals with heroin.
What does the law say about heroin?
Heroin is controlled under the Misuse of Drugs Act, which means it's illegal to possess it or to supply it to other people without a prescription. The Misuse of Drugs Act (MDA) was passed in 1971 to try to prevent the use of drugs for non-medical purposes. This includes some drugs that are recognized as medicines and some that are not. All these drugs are known as 'controlled' drugs.
The MDA divides these drugs into three classes: A, B and C. Heroin is a Class A drug. This means it is classified as one of the most dangerous and harmful drugs, alongside cocaine and crack. Heroin offenders currently account for the largest percentage of Class A drug offenders.
Class A drugs are also those that carry the heaviest penalties. For example, the maximum sentence for possessing heroin is seven years in prison plus a fine. For trafficking heroin, you could face life imprisonment plus a fine. Trafficking includes all kinds of supplying and dealing, including giving the drug to a friend. Unauthorised import, export and production of heroin are all banned, and it's also an offence to allow premises to be used for consuming, producing or supplying heroin.
What happens if you commit a heroin-related crime?
When someone is charged with a heroin offence, they face a wide range of penalties, ranging from a caution or a fine through to a Community Order or imprisonment. Under a Community Order, offenders don't have to go to prison, but have to meet other requirements, such as undergoing a drug treatment programme.
Heroin-related crime is not just that which directly involves heroin use or possession. There are links between the drug and other crimes, such as burglary and shoplifting, which some people commit as a means of funding their heroin addiction. As a result, those arrested for such crimes may have to be tested for the presence of heroin and other Class A drugs. Refusing the test is an offence in its own right. The new Drugs Act 2005, which came into effect in January 2006, also links drug legislation with measures to deal with Anti-Social Behaviour. This means that anyone given an Anti Social Behaviour Order (ASBO) must have compulsory testing and drug treatment.
However, it is important not to assume all heroin users commit other crimes too. According to DrugScope, the UK's main independent centre of expertise on drugs, addictive drug use may accelerate pre-existing crime careers, rather than trigger them. While drug addiction may increase the level of criminal activity in some people, it does not necessarily cause them to become criminals.
Is it ever legal to prescribe heroin?
The answer is yes – but only specially licensed doctors can prescribe it for anything other than physical illness. This means most doctors cannot prescribe these drugs as a way of dealing with addiction.
Heroin is an opiate, part of a group of drugs that are primarily used to reduce pain. Opiates can be prescribed for their normal therapeutic uses. For instance, morphine is prescribed in Britain for the relief of severe pain such as in cases of terminal cancer, heart attacks and after major operations. However, because of their potential for misuse, and because they are addictive, heroin, morphine and other opiates including opium, methadone, dipipanone (Diconal) and pethidine are all Class A drugs, unless prescribed by a doctor.
What about other opiates?
Codeine and dihydrocodeine (DF118) are opiates classified as Class B. Possession of Class B drugs can result in a five-year prison sentence plus fine. Supplying them can result in a 14 -year sentence plus fine. Dextropropoxyphene (Distalgesic, etc) and buprenorphine (Temgesic) are Class C, which means that possession can result in two years in prison and a fine. Supplying these drugs can result in a 14 year sentence plus fine.
Links
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Drugs: the law and your rights
www.channel4.com/health/microsites/
0-9/4health/drugs/lar_rights.html
This section of the Channel 4 Health site provides a detailed and very readable breakdown of how UK drug law works. Ian Robinson, former deputy director of Release www.release.org.uk, takes you through the various parts of the Misuse of Drugs Act. There are useful sections on drugs and driving, and on dealing with the police if you are stopped and searched.
DrugScope FAQ
http://www.drugscope.org.uk/druginfo/
drugsearch/home2.asp
DrugScope's FAQ cover all aspects of drug use, including drugs law and the connections between drugs and crime. You can find out statistics for the number of people convicted of drugs-related offences in the UK, and link to a section that tells you the various penalties for Class A, B and C drugs.
Misuse of Drugs Act 1971
www.opsi.gov.uk/sr/sr2005/20050564.htm
You can access the MDA here at the Office of Public Sector Information website, and view the various amendments that have been made to it since 1971. It's quite hard going, and for a more accessible summary of the main points see DrugScope's page on Drugs Law www.drugscope.org.uk/druginfo/drugsearch/
faq_template.asp?file=\wip\11\1\2\laws.html, which includes info on other laws such as the Drug Trafficking Act 1994 and the Medicines Act 1968.
Drugs Act 2005
www.opsi.gov.uk/acts/acts2005/20050017.htm
This is an important addition to UK drugs law, and contains some changes to the existing law. One example is the introduction of compulsory drug-testing in the case of some arrests. The police can carry out these tests if they have reasonable grounds to believe Class A drugs were involved in the offence committed.
