Common crimes
Drug offences
Other offences under the Misuse of Drugs Act
Allowing your place to be used for drug offences
Misuse of Drugs Act 1975, s 12
It’s illegal to knowingly allow your home or your car to be used for a drug offence (like letting friends grow some cannabis plants in your flat), even if you don’t have anything to do with the drug yourself.
The penalties depend on what type of drug it is. Allowing your place to be used for the sale or use of cannabis or some other Class C drug has a maximum penalty of three years’ imprisonment. If they’re Class B drugs, it’s a maximum of seven years’ imprisonment and, if they’re Class A drugs, the maximum is 10 years.
However, you wouldn’t normally get a sentence of imprisonment for this offence unless you already had a history of drug offending.
Pipes, bongs and other items
Misuse of Drugs Act 1975, s 13
It’s illegal to have a pipe, bong or other “utensil” for using or manufacturing drugs (unless you’re terminally ill).
For a first offence you’d expect to get only a fine for possessing a pipe for personal use. Usually you’d only be imprisoned if you had a record of drug convictions.
Needles and syringes
Misuse of Drugs Act 1975, s 13 (1)(aa), (3) Health (Needles and Syringes) Regulations 1998, reg 11
It’s usually a criminal offence to have a needle or syringe for the purpose of using illegal drugs. The maximum penalty is a prison term of up to one year or a fine of up to $500. However, this isn’t illegal if you (or someone else) bought it as a new needle or syringe under the Needle Exchange Programme from a pharmacist or an approved doctor or a local Needle Exchange.
It’s an offence to throw away a used needle or syringe in a public place (like a park or in the street), to use a used needle or syringe, or to offer a used needle or syringe to someone else to use. The penalty is a fine of up to $500.
