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Drug policy of the United Kingdom

From Wikipedia, the free encyclopedia
"British system" redirects here. For the system of units, seeImperial units.

Drugs considered addictive or dangerous in theUnited Kingdom are called "controlled substances" and regulated by law. Until 1964 the medical treatment of dependent drug users was separated from the punishment of unregulated use and supply. Under this policy drug use remained low; there was relatively little recreational use and few dependent users, who were prescribed drugs by their doctors as part of their treatment. From 1964 drug use was decreasingly criminalised, with the framework still in place as of 2014[update] largely determined by theMisuse of Drugs Act.[citation needed]

History

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Until 1916 drug use was hardly controlled, and widely available opium and coca preparations commonplace.[1]: 13–14 

Between 1916 and 1928 concerns about the use of these drugs by troops on leave from theFirst World War and then by people associated with the London criminal society gave rise to some controls being implemented.[1] The distribution and use of morphine and cocaine, and later cannabis, were criminalised, but these drugs were available to addicts through doctors; this arrangement became known as the "British system" and was confirmed by the report of theDepartmental Committee on Morphine and Heroin Addiction (Rolleston Committee) in 1926.[1]

The Rolleston Report was followed by "a period of nearly forty years of tranquillity in Britain, known as the Rolleston Era. During this period the medical profession regulated the distribution of licit opioid supplies and the provisions of the Dangerous Drugs Acts of 1920 and 1923 controlled illicit supplies."[2] The medical treatment of dependent drug users was separated from the punishment of unregulated use and supply. This policy on drugs was maintained in Britain, and nowhere else, until the 1960s. Under this policy drug use remained low; there was relatively little recreational use and few dependent users, who were prescribed drugs by their doctors as part of their treatment.[1]

It has been argued that the main legal innovations between 1925 and 1964 were in response to international pressures, not domestic problems.[1]

In the 1960s a few doctors prescribed large amounts of heroin, some of which was diverted into the illegal market. Also substances such as cannabis, amphetamines and LSD started to become significant in the UK.[1]

In 1961 the internationalSingle Convention on Narcotic Drugs was introduced. To control global drug trading and use, it banned countries from treating addicts by prescribing illegal substances, allowing only scientific and medical uses of drugs. It was not itself binding on countries, which had to pass their own legislation.[3]

Following pressure from the US, the UK implemented theDrugs (Prevention of Misuse) Act 1964. Although the convention dealt with the problems of drug production and trafficking, rather than the punishment of drug users, the 1964 act introduced criminal penalties for possession by individuals of small amounts of drugs, as well as possession with intent to traffic or deal in drugs. The police were soon given the power tostop and search people for illegal drugs.[3]

Dangerous Drugs (Supply to Addicts) Regulations 1968
Statutory Instrument
CitationSI 1968/416
Dates
Made18 March 1968
Laid before Parliament25 March 1968
Commencement16 April 1968
Other legislation
Made under
Text of statute as originally enacted

TheDangerous Drugs (Supply to Addicts) Regulations 1968 (SI 1968/416)[4] was a statutory instrument that determined the consultants who could prescribe, or treat addicts either inpsychiatric hospitals or drug dependency units. Other medical staff, if supervised by the consultants within the hospitals, would also be able to obtain licences. Doctors working outside the NHS would be considered if their organisations had similar facilities to theDDUs.[5] Doctors who disobeyed theseregulations might have their permissions to supplyrescinded. In fact only the treatment centres were allowed to supply.[6]

TheMisuse of Drugs Act 1971 (MDA) was passed, continuing measures in previous legislation, and classifying drugs into classes A (the most highly regulated), B, and C. Penalties for trafficking and supply were increased in the 1980s.[1]

In 1991 a new phase of UK drug legislation started with an attempt to integrate health and criminal justice responses via Schedule 1A6 Probation Orders. This reduced the separation between medical and punitive responses that had characterised the British system in the past.[1]

Legislation

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United Kingdom drug related legislation[7]
YearAct/OrderPurposeLegislation
1868Pharmacy Act 1868First regulation of poisons and dangerous substances. Limited sales to chemists.31 & 32 Vict. c. 121
1908Poisons and Pharmacy Act 1908Regulations on sale and labelling, including coca.
1916Defence of the Realm Act 1914 (Regulation 40B)Sale and possession of cocaine restricted to "authorised persons".SR&O 1916/501
1920Dangerous Drugs Act 1920Limited production, import, export, possession, sale and distribution of opium, cocaine, morphine or heroin to licensed persons.10 & 11 Geo. 5. c. 46
1925Dangerous Drugs Act 1925Controlled importation of coca leaf and cannabis.
1928Regulations under the Dangerous Drugs Act 1920Criminalised possession of cannabis. Doctors continued to be able to prescribe any drugs as treatments, including for addiction.
1964Dangerous Drugs Act 1964Criminalised cultivation of cannabis following UN 1961 Single Convention.1964 c. 36
1964Drugs (Prevention of Misuse) Act 1964Criminalised possession of amphetamines.1964 c. 64
1967Dangerous Drugs Act 1967Doctors required to notify Home Office of addicted patients. Restriction on prescription of heroin and cocaine for treatment of addiction.
1971Misuse of Drugs Act 1971Introduced classes A, B, and C of drugs. Created offence of "intent to supply". Increased penalties for trafficking and supply (14 years imprisonment for trafficking Class A drugs). Established theAdvisory Council on the Misuse of Drugs (ACMD).1971 c. 38
1985Controlled Drugs (Penalties) Act 1985Maximum penalty for trafficking Class A drugs increased to life imprisonment.
1986Drug Trafficking Offences Act 1986Making suspects aware of an investigation criminalised. Police could compel breaches of confidentiality, and could search and seize.
1991Criminal Justice Act 1991, Schedule 1A6A probation order could have attached a condition of attending drug treatment.1991 c. 53
1998Crime and Disorder Act 1998Created the Drug Treatment andTesting Order (DTTO).
2000Criminal Justice and Court Services Act 2000People charged with certain offences could be tested for drugs by police. Created the Drug Abstinence Order, the Drug Abstinence Requirement. Introduced testing for prisoners released subject to supervision.
2003Criminal Justice Act 2003Bail restricted for people charged with certain offences if test indicates Class A drug use. Created the generic Community Order, replacing the DTTO with the Drug Rehabilitation Requirement.
2003Anti-Social Behaviour Act 2003Premises used for Class A drugs supply could be closed.
2005Drugs Act 2005Introduced drug testing on arrest. Classifiedpsilocybin mushrooms as drugs. Required treatment assessment could not be refused. Penalties for dealing near schools increased.
2006Police and Justice Act 2006Punitive conditions can be attached to conditional cautioning.2006 c. 48
2007Drugs Act 2005 (Commencement No. 5) Order 2007SI 2007/562
2008Controlled Drugs (Drug Precursors) (Intra-Community Trade) Regulations 2008SI 2008/295
2008Controlled Drugs (Drug Precursors) (Community External Trade) Regulations 2008SI 2008/296
2008Misuse of Drugs Act 1971 (Amendment) Order 2008SI 2008/3130
2009Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2009SI 2009/3135
2009Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2009SI 2009/3136
2009Misuse of Drugs Act 1971 (Amendment) Order 2009SI 2009/3209
2016Psychoactive Substances Act 20162016 c. 2
2016Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2016SI 2016/650
2016Misuse of Drugs Act 1971 (Amendment) Order 2016SI 2016/1109
2016Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 2) Order 2016SI 2016/1126
2017Misuse of Drugs Act 1971 (Amendment) Order 2017SI 2017/634
2017Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2017SI 2017/1114
2018Misuse of Drugs Act 1971 (Amendment) Order 2018SI 2018/1356
2019Misuse of Drugs Act 1971 (Amendment) Order 2019SI 2019/323
2021Misuse of Drugs Act 1971 (Amendment) Order 2021SI 2021/868

Scientific data

[edit]
Drug harms according to theIndependent Scientific Committee on Drugs (ISCD) study "Drug Harms in the UK: amulti-criteria decision analysis"[8]

A multicriteria analysis of drugs by drug experts ofImperial College London published in November 2010 found alcohol to be the most harmful drug to both the user and others.[9] Alcohol received a harm score of 72, followed by heroin in second on 55, and crack third on 54.[9] "Heroin, crack, and crystal meth were the most harmful drugs to the individual, whereas alcohol, heroin, and crack were the most harmful to others."[9]

Support for law reform

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Anyone's Child are an organisation of people who's family members have been affected by the UK's drug policies and advocate for the legal regulation of drugs.[10] The organisation wants the drug market to be taken from organised crime groups and regulated with regulations including minimum age checks and quality control standards.[10]

TheLiberal Democrats support the legalisation and regulation of cannabis in the UK.[11] The Transform Drug Policy Foundation also campaigns for the legalisation and regulation of cannabis in the UK.[12]

TheGreen Party of England and Wales stated in its 2024 election manifesto that it supports "a National Commission to agree an evidence-based approach to reform of the UK's counterproductive drug laws" and supports the decriminalisation of the personal possession of drugs.[13]

See also

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References

[edit]
  1. ^abcdefghReuter, Peter; Stevens, Alex (2007)."An Analysis of UK Drug Policy"(PDF). London: United Kingdom Drug Policy Commission.
  2. ^Bennett, Trevor (Winter 1988)."The British Experience with Heroin Regulation".Law and Contemporary Problems.51 (1):299–314.doi:10.2307/1191723.JSTOR 1191723.
  3. ^ab"The UK's Misuse of Drugs Act (1971)".h2g2. Retrieved2021-05-09.
  4. ^Trevor, Bennett."The British experience with heroin regulation". Cambridge, England: Law and Contemporary Problems Senior Research Associate, Institute of Criminology. Retrieved13 June 2019 – via duke.edu.
  5. ^Heroin addiction care and control: the British System. H.B. Spear. 2002. page 207
  6. ^"The Shipman Inquiry - Fourth Report - The Dangerous Drugs Legislation of 1967 and 1968". Archived fromthe original on 11 November 2007. Retrieved25 February 2011.
  7. ^UK government: UK Public General Acts, searchable database
  8. ^Nutt, David J; King, Leslie A; Phillips, Lawrence D (2010). "Drug harms in the UK: a multicriteria decision analysis".The Lancet.376 (9752):1558–1565.doi:10.1016/S0140-6736(10)61462-6.PMID 21036393.
  9. ^abc"A new system that ranks drugs on the basis of harm caused to both the user and others places alcohol as the most harmful drug, above heroin and crack".Imperial College London. 1 November 2010. Retrieved3 October 2025.
  10. ^ab"About Us".anyoneschild.org. Anyone's Child: Families for Safer Drug Control. Retrieved3 October 2025.
  11. ^"A regulated cannabis market - Liberal Democrats".libdems.org.uk. Retrieved1 August 2025.
  12. ^"Legally Regulating Cannabis".transformdrugs.org. Transform Drug Policy Foundation. Retrieved1 August 2025.
  13. ^"Real Hope. Real Change"(PDF).greenparty.org.uk. Green Party of England and Wales. 2024. Retrieved1 August 2025.

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