Misuse of Drugs Act 1971

Changes over time for: Schedule 4

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Point in time view as at 29/01/2004.

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There are currently no known outstanding effects for the Misuse of Drugs Act 1971, Schedule 4.

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Section 25.

Schedule 4U.K. Prosecution and Punishment of Offences

Modifications etc. (not altering text)

C1Sch. 4: power to amend column 5 or 6 conferred (S.) (1.4.1996) by 1995 c. 46, s. 225(5)(d)

C2Sch. 4: power to amend conferred (N.I.) (3.2.1995) by S.I. 1984/703 (N.I. 3), art. 17(2)(k) (as inserted by 1994 c. 33, s. 157(8); S.I. 1995/127, art. 2(1), Sch. 1)

Section Creation Offence	General Nature of Offence	Mode of Prosecution	Punishment
			Class A drug involved	Class B drug involved	Class C drug involved	General
Section 4(2)	Production, or being concerned in the production, of a controlled drug.	(a) Summary	[F112 months ][F16 months] or [F2the prescribed sum], or both.	[F112 months ][F16 months] or [F2the prescribed sum], or both.	[F33 months or [F4£2,500], or both].
		(b) On indictment	[F5Life] or a fine, or both.	14 years or a fine, or both.	[F614 years] or a fine, or both.
Section 4(3)	Supplying or offering to supply a controlled drug or being concerned in the doing of either activity by another.	(a) Summary	[F112 months ][F16 months] or [F2the prescribed sum], or both.	[F112 months ][F16 months] or [F2the prescribed sum], or both.	[F33 months or [F4£2,500], or both].
		(b) On indictment	[F5Life] or a fine, or both.	14 years or a fine, or both.	[F714 years] or a fine, or both.
Section 5(2)	Having possession of a controlled drug.	(a) Summary	[F112 months ][F16 months] or [F2the prescribed sum], or both.	[F83 months or [F4£2,500], or both].	[F83 months or [F4£1,000], or both].
		(b) On indictment	7 years or a fine, or both.	5 years or a fine, or both.	2 years or a fine, or both.
Section 5(3)	Having possession of a controlled drug with intent to supply it to another.	(a) Summary	[F112 months ][F16 months] or [F2the prescribed sum], or both.	[F112 months ][F16 months] or [F2the prescribed sum], or both.	[F93 months or [F10£2,500], or both].
		(b) On indictment	[F11Life] or a fine, or both.	14 years or a fine, or both.	[F1214 years ] or a fine, or both.
Section 6(2)	Cultivation of cannabis plant.	(a) Summary				[F112 months ][F16 months] or [F2the prescribed sum], or both.
		(b) On indictment				14 years or a fine, or both.
Section 8	Being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there.	(a) Summary	[F112 months ][F16 months] or [F2the prescribed sum], or both.	[F112 months ][F16 months] or [F2the prescribed sum], or both.	[F133 months or [F4£2,500], or both].
		(b) On indictment	14 years or a fine, or both.	14 years or a fine, or both.	[F1414 years] or a fine, or both.
Section 9	Offences relating to opium.	(a) Summary				[F112 months ][F16 months] or [F2the prescribed sum], or both.
		On indictment				14 years or a fine, or both.
[F15Section 9A.]	[F15Prohibition of supply etc. of articles for administering or preparing comtrolled drugs.]	[F15Summary]				[F156 months or level 5 on the standard scale, or both.]
Section 11(2)	Contravention of directions relating to safe custody of controlled drugs.	(a) summary				6 months or [F2the prescribed sum], or both.
		(b) On indictment				2 years or a fine, or both.
Section 12(6)	Contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs.	(a) Summary	[F112 months ][F16 months] or [F2the prescribed sum], or both.	[F112 months ][F16 months] or [F2the prescribed sum], or both.	[F163 months or [F4£2,500], or both].
		(b) On indictment	14 years or a fine, or both.	14 years or a fine, or both.	[F1714 years] or a fine, or both.
Section 13(3)	Contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs.	(a) Summary	[F112 months ][F16 months] or [F2the prescribed sum], or both.	[F112 months ][F16 months] or [F2the prescribed sum], or both.	[F163 months or [F4£2,500], or both].
		(b) On indictment	14 years or a fine, or both.	14 years or a fine, or both.	[F1814 years ] or a fine, or both.
Section 17(3)	Failure to comply with notice requiring information relating to prescribing, supply etc. of drugs.	Summary				[F19level 3 on the standard scale].
Section 17(4)	Giving false information in purported compliance with notice requiring information relating to prescribing, supply etc. of drugs.	(a) Summary				6 months or [F2the prescribed sum], or both.
		(b) On indictment				2 years or afine, or both.
Section 18(1)	Contravention of regulations (other than regulations relating to addicts).	(a) Summary				6 months or [F2the prescribed sum], or both
		(b) On indictment				2 years or a fine, or both.
Section 18(2)	Contravention of terms of licence or other authority (other than licence issued under regulations relating to addicts).	(a) Summary				6 months or [F2the prescribed sum], or both
		(b) On indictment				2 years or a fine, or both.
Section 18(3)	Giving false information in purported compliance with obligation to give information imposed under or by virtue of regulations.	(a) Summary				6 months or [F2the prescribed sum], or both
		(b) On indictment				2 years or a fine, or both.
Section 18(4)	Giving false information, or producing document etc. containing false statement etc., for purposes of obtaining issue or renewal of a licence or other authority.	(a) Summary				6 months or [F2the prescribed sum], or both
		(b) On indictment				2 years or a fine, or both.
Section 20	Assisting in or inducing commission outside United Kingdom of an offence punishable under a corresponding law.	(a) Summary				[F112 months ][F16 months] or [F2the prescribed sum], or both
		(b) On indictment				14 years or a fine, or both.
Section 23(4)	Obstructing exercise of powers of search etc. or concealing books, drugs etc.	(a) Summary				6 months or [F2the prescribed sum], or both
		(b) On indictment				2 years or a fine, or both.

Textual Amendments

F1Words in Sch. 4 substituted (N.I.) by S.I. 1984/703, (N.I. 3), art. 4, Sch. 1 para. 1(c)

F2Sch. 4: the maximum fine which may be imposed on summary conviction shall be the prescribed sum by virtue of Magistrates' Courts Act 1980 (c. 43), s. 32(2)

F3Words substituted by (E.W.) Criminal Law Act 1977 (c. 45, SIF 39:1), s. 28, Sch. 5 para. 1(1)(b), (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 7B para. 1(1)(b) and (1.4.1996) by 1995 c. 40, ss.3(1), 6, Sch. 1 para. 11(1)(2) Sch.5 (with s. 6(2), Sch. 6) and (N.I.) S.I. 1984/703 (N.I. 3), art. 4, Sch. 1 para. 1(c), 2 (b)(i)(ii)