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Overview of law and drug misuse
Dr Richard O’Neill
The UN system
• Some 250 substances are listed in the Schedules annexed to
the United Nations Single Convention on Narcotic Drugs
(New York, 1961, amended 1972), the Convention on
Psychotropic Substances (Vienna, 1971) and the Convention
against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances (introducing control on precursors) (Vienna, 1988)
• The purpose of this listing is to control and limit the use of
these drugs according to a classification of their therapeutic
value, risk of abuse and health dangers, and to minimize the
diversion of precursor chemicals to illegal drug manufacturers
UN Conventions
• The UN Single Convention on Narcotic Drugs of 1961, Art. 36, requests
State Parties to “adopt such measures as will ensure that …possession… of
drugs contrary to the provisions of this Convention… shall be punishable
offences when committed intentionally, and that serious offences shall be
liable to adequate punishment particularly by imprisonment or other
penalties of deprivation of liberty.”
• The Convention on Psychotropic Substances of 1971, Art 22 echoes this,
stating that “each Party shall treat as a punishable offence, when
committed intentionally, any action contrary to a law or regulation adopted
in pursuance of its obligations under this Convention, and shall ensure that
serious offences shall be liable to adequate punishment, particularly by
imprisonment or other penalty of deprivation of liberty. “
• The Convention Against Illicit Traffic of 1988, Art. 3 requests establishment
of a criminal offence for possession of drugs for the purposes of trafficking
(Art. 3.1(a)(iii)), and for the possession for personal consumption (Art.3.2).
Narcotic drugs
• Narcotic drugs are classified and placed under international
control by the 1961 UN Single Convention on Narcotic Drugs,
as amended in 1972
• The Single Convention limits 'exclusively to medical and
scientific purposes the production, manufacture, export,
import, distribution of, trade in, use and possession of drugs'
(art. 4c)
• The annex to the 1961 Convention classifies narcotic drugs in
four Schedules:
UN Convention: Narcotic drugs
Schedules Harmfulness Degree of control Examples of
listed drugs
I Substances with addictive Very strict; 'the drugs in Schedule I are Cannabis and its
properties, presenting a serious subject to all measures of control derivatives, cocaine,
risk of abuse applicable to drugs under this heroin, methadone,
Convention' (art. 2.1) morphine, opium
II Substances normally used for Less strict Codeine,
medical purposes and given the dihydrocodeine,
lowest risk of abuse propiram
III Preparations of substances Lenient; according to the World Health Preparations of
listed in Schedule II, as well as Organisation, these preparations codeine,
preparations of cocaine present no risk of abuse dihydrocodeine,
propiram
IV The most dangerous Very strict, leading to a complete ban Cannabis and
substances, already listed in on 'the production, manufacture, export cannabis resin,
Schedule I, which are and import of, trade in, possession or heroin
particularly harmful and of use of any such drug except for
extremely limited medical or amounts which may be necessary for
therapeutic value medical and scientific research' (art.
2.5.b)
Psychotropic substances
• Psychotropic substances are placed under international
control by the 1971 United Nations Convention on
Psychotropic Substances
• The objectives of this Convention are again to limit the use of
these substances to medical and scientific purposes (arts. 5
and 7)
• While some psychotropic substances may have therapeutic
value, they also present a dangerous risk of abuse
• The annex to the 1971 UN Convention on Psychotropic
Substances also classifies substances in four Schedules:
UN Convention: Psychotropic substances
Schedules Harmfulness Degree of control Examples of listed
drugs
I Substances presenting a high Very strict; use is LSD, MDMA (ecstasy),
risk of abuse, posing a prohibited except for mescaline, psilocybine,
particularly, serious threat to scientific or limited tetrahydrocannabinol
public health which are of very medical purposes
little or no therapeutic value
II Substances presenting a risk of Less strict Amphetamines and
abuse, posing a serious threat amphetamine-type stimulants
to public health which are of
low or moderate therapeutic
value
III Substances presenting a risk of These substances are Barbiturates, including
abuse, posing a serious threat available for medical amobarbital, buprenorphine
to public health which are of purposes
moderate or high therapeutic
value
IV Substances presenting a risk of These substances are Tranquillisers, analgesics,
abuse, posing a minor threat to available for medical narcotics, including
public health with a high purposes allobarbital, diazepam,
therapeutic value lorazepam, phenobarbital,
temazepam
The European Union system
• European Union legislation on classification is limited to precursors, via
the Regulation (EC) No 273/2004 of the European Parliament and of the
Council of 11 February 2004 on drug precursors, which regulates intra-
Community trade, and by the Council Regulation (EC) No 111/2005 of 22
December 2004 laying down rules for the monitoring of trade between
the Community and third countries in drug precursors
• Nevertheless, the Council Decision 2005/387/JHA of 10 May 2005 on the
information exchange, risk-assessment and control of new psychoactive
substances, can provoke a Council Decision requiring countries to put a
drug under national controls equivalent to those controls for substances
listed in the UN Conventions of 1961 and 1971
• This replaced the Joint Action 97/396/JHA of 16 June 1997 adopted by the
Council on the basis of Article K.3 of the Treaty on European Union,
concerning the information exchange, risk assessment and the control of
new synthetic drugs, which triggered three Council Decisions requiring
countries to put a synthetic drug under national controls equivalent to
those for substances in UN71 Schedules I and II
National systems in the EU
• Within their domestic legislations, some Member States
distinguish between narcotic and psychotropic substances.
Others combine the two in a list that is based on the level of
medicinal use or potential harm
• Some Member States also classify narcotic and psychotropic
substances in order to determine the prosecution procedure
or the (range of) punishment for illegal activities involving
those substances
• In some countries, e.g. Belgium, Spain, Ireland, Italy, Cyprus,
Latvia, Luxembourg, Malta, the Netherlands, Portugal, and the
UK, the penalty for a drugs offence officially varies according
to the nature of the substance involved
National systems in the EU
• Countries are permitted by the UN Conventions to control
other substances also
– for a comprehensive list of some 500 substances classified at
international and national levels, see the Substance and Classifications
Table in the ELDD's Legal Reports section.
• Placing a new substance under control may take a varying
amount of time depending on the national legal system
involved; a decree may be signed by a Minister in a couple of
days, whereas changes to a law might require the assent of
both houses/chambers of Parliament
• Some countries have therefore created a rapid classification
system.
Citius Altius Fortius
Drugs and sport
Worldwide anti-doping conventions
• The International Convention Against Doping in Sport of the
UNESCO came into force on 1 February 2007 following up on
concrete measures taken by the Council of Europe (Anti-
Doping Convention, 1989) and the World Anti-Doping Agency
(World Anti-Doping Code, 2003)†
• This convention aims to harmonise the efforts made against
doping at international level
† World Anti-Doping Code adopted by the World Anti-Doping Agency at
the World Conference on Doping in Sport, Copenhagen, 5 March 2003,
and the Copenhagen Declaration on Anti-Doping in Sport
International Convention against Doping in
Sport UNESCO
• The Convention represents the first time that governments around the
world have agreed to apply the force of international law to anti-doping.
This is important because there are specific areas where only
governments possess the means to take the fight against doping forward.
• The Convention also helps to ensure the effectiveness of the World Anti-
Doping Code (the Code)
• As the Code is a non-government document that applies only to members
of sports organizations, the Convention provides the legal framework
under which governments can address specific areas of the doping
problem that are outside the domain of the sports movement.
• As such, the Convention helps to formalize global anti-doping rules,
policies and guidelines in order to provide an honest and equitable playing
environment for all athletes
International standards
• The World Anti-Doping Code works in conjunction with five
International Standards:
– Prohibited list
– International Standard for Testing
– International Standard for Laboratories
– International Standard for Therapeutic Use Exemptions
– International Standard for the Protection of Privacy and
Personal Information
Doping
• The current official definition of doping is given
based on the World Anti-Doping Code as follows:
“Doping is defined as the occurrence of one or more
of the anti-doping rule violations set forth in Article
2.1 through article 2.8 of the World Anti-Doping
Code.”
The 2010 Prohibited List
World Anti-doping Code
• Substances prohibited at all times (in- and out-of-competition)
– S1 Anabolic Androgenic Steroids (AAS)
e.g. nandrolone; testosterone (exogenous and endogenous AAS)
e.g. others such as clenbuterol
– S2 Peptide hormones, growth factors and related substances
e.g. erythropoietin (EPO); growth hormone
– S3 Beta-2 agonists
all beta-2 agonists (including both optical isomers where relevant) are
prohibited except salbutamol (maximum 1600 micrograms over 24 hours)
and salmeterol when taken by inhalation in accordance with the
manufacturers’ recommended therapeutic regime.
– S4 Hormone antagonists and modulators
– S5 Diuretics and other masking agents
The 2010 Prohibited List
World Anti-doping Code
• Methods prohibited at all times (in- and out-of-competition)
– M1 Enhancement of oxygen transfer
e.g. blood doping; blood or red blood cell products;
haemoglobin-based blood substitutes
– M2 Chemical and physical manipulation
• e.g tampering with samples; urine substitution;
sequential withdrawal, manipulation and reinfusion of
whole blood
– M3 Gene doping
The 2010 Prohibited List
World Anti-doping Code
• Substances and methods prohibited in-competition
– S6 Stimulants*
e.g. amphetamine, adrenaline; ephedrine, psuedoephedrine (with some
exceptions/thresholds)
– S7 Narcotics
e.g. buprenorphine, diamorphine methadone, morphine
– S8 Cannabinoids
Natural (e.g. cannabis, hashish, marijuana) or synthetic delta 9
tetrahydrocannabinol (THC) and are prohibited.
– S9 Glucocorticosteroids
all glucocorticosteroids are prohibited when administered by oral,
intravenous, intramuscular or rectal routes
*Note; some substances included in the 2010 Monitoring Program such as caffeine,
phenylephrine, phenylpropanolamine, are not considered as Prohibited Substances.
The 2010 Prohibited List
World Anti-doping Code
• Substances prohibited in particular sports
– P1. Alcohol
Alcohol (ethanol) is prohibited In-Competition only, in the certain
sports, e.g. archery (FITA); motorcycling (FIM)
– P2 Beta-blockers
Beta-blockers are prohibited In-Competition only, in the certain sports,
e.g. archery (FITA) (also prohibited out of competition) ; billiards and
Snooker (WCBS); Shooting (ISSF, IPC) (also prohibited Out-of-
Competition)wrestling (FILA);
Therapeutic Use Exemptions
• Athletes, like all others, may have illnesses or conditions that
require them to take particular medications
• Difficulty when drugs prescribed for legitimate therapeutic
purposes also possess performance enhancing properties
• If the medication an athlete is required to take to treat an
illness or condition happens to fall under the Prohibited List, a
Therapeutic Use Exemption (TUE) may give that athlete the
authorization to take the needed medicine
• The purpose of the International Standard for Therapeutic
Use Exemptions (ISTUE) is to ensure that the process of
granting TUEs is harmonized across sports and countries
Athlete Biological Passport
• The fundamental principle of the Athlete Biological Passport is
based on the monitoring of selected biological variables which
indirectly reveal the effects of doping, as opposed to the
traditional direct detection of doping
• Biological monitoring throughout an athlete’s sporting career
should make any prohibited preparation far harder to
implement
Private & Criminal Law
• Under International Olympic Committee rules, athletes face
disqualification for a doping offense — but no criminal
penalties
• In some countries inquiries into doping in sport are conducted
as a matter of private law between the sportsperson and the
administrators of his sport
• Spanish, Italian, and Belgian governments, for example, are
involved in public law criminal justice investigations
• Italy is one of the few countries that imposes criminal
sanctions for doping offenses, on top of the normal sporting
sanctions - Law number 376 passed in 2000 enables criminal
penalties for doping
Italy
anti-doping laws
• Ministry for Youth Policies and Sport Activities performs central
government functions in relation to sport, and policy-making and
coordination functions regarding youth policies (Decree-Law No 181 of
May 2006).
• The Disciplina della tutela sanitaria delle attivita’ sportive e della lotta
contro il doping, Law number 376 of 14 December 2000, provides, in
article 9, for the imprisonment of any athlete using banned substances
and a fine.
• For any person, including any doctor, athlete, manager, or attendant to a
sports team, supplying or administering banned drugs to athletes the Act
imposes imprisonment and a fine. The sentence is harsher if the substance
poses a risk to the athlete's health, or if a minor is involved.
• The Act also allows judges to impose permanent sanction from
employment with a sports organization
Italy (cont)
• Law No 376/2000 implements the European Anti-doping
Convention and introduces the offence of doping into the
Italian legal system
• Under paragraph 3 of Article 1: ‘equivalent to doping are the
administration of pharmaceutical products or biologically
active substances and the adoption of medical practices not
justified by pathological conditions, aimed at and in any case
suitable for modifying the results and checks on the use of
pharmaceutical products, substances and practices indicated
in paragraph 2’
• The object of such legal protection is the protection of health
explicitly recognised by Article 32 of the Constitution
Italy (cont)
• Protection of health also underlies the exception in Article 1,
paragraph 4:
‘The use of doping substances is allowed in certain
documented and medically certified pathological conditions.
Treatment, moreover, must be in accordance with methods
laid down by the relevant European or national law and doses
may not exceed those set for actual therapeutic
requirements. Only under such conditions, though haven
taken substances otherwise prohibited, may a player take part
in matches, provided this does not jepardise his psycho-
physical state of health and is not in breach of sporting rules.’
• In order to prove that substances are not merely taken with a
view to improving sporting performance, the law provides
that the player must make the relevant medical
documentation available to sporting authorities
Italy
• Article 3 of Law 273/2000 sets up a ‘Watchdog Commission’
to oversee and monitor health standards in sport
UK
• The government department responsible for sport differs
according to the particular home country. Responsibility for
sport at UK level and for England lies with the Department of
Culture, Media and Sport (DCMS). DCMS policies help to
deliver Government's 'sport for all' policy and realise its
ambitions for sporting success at elite level. The Department
oversees the work of Sport England and UK Sport (the Non-
Departmental Public Bodies set up in 1997 to replace the
Sports Council for Great Britain) and helps set the
Government strategy for a whole range of sporting issues
• On 14 December 2009, UK Anti-Doping (UKAD) assumed
responsibility from UK Sport for ensuring that sports bodies in
the UK are compliant with the World Anti-Doping Code
UK legislation
• The UK does not have specific anti-doping legislation, but uses
a variety of legislation to control the trafficking and supply of
doping substances and to facilitate information sharing
between the National Anti-Doping Organisation (UK Anti-
Doping) and law enforcement agencies
• Misuse of Drugs Act 1971 controls drugs whose misuse is, or
is capable of being harmful to the individual and of causing a
social problem
• A number of substances on WADA’s prohibited list are
controlled under the Misuse of Drugs Act, including anabolic
steroids and human growth hormones.
Drugs and the workplace
Workplace drug and alcohol testing
• More than six million EU workers are affected by accidents at
work each year – it is unknown how many are drug or alcohol-
induced
• There is no specific EU legislation or generally accepted
guidelines on workplace drug and alcohol testing
• Finland (2003), Ireland (2005) and Norway (2005) have
legislation that clearly and specifically addresses the issue of
drug testing in the workplace
• The European Agency for Safety and Health at Work
promotes employers to ‘develop clear policies on control of
alcohol and other substance abuse’
Italian Focal Point of the European Agency
for Safety and Health at Work
• In Italy, the institutional system of safety and health at work
comes under the Ministry of Labour and Health, in
conjunction with the Regional Coordination Committees and
the social partners
• Their responsibilities include delivering advice for legislative
developments, supervision, promoting health and assisting
businesses
• The Italian Focal Point is represented by Ispesl, which
coordinates the national network of the European Agency for
Safety and Health at Work
United Kingdom Focal Point of the
European Agency for Safety and Health at
Work
• The Health and Safety Executive (HSE) administers the UK
Focal Point
• There is a long tradition of health and safety regulation in
Great Britain, as far back as the 19th century
• The foundation of the current health and safety system was
established by the Health and Safety at Work etc. Act 1974
• Broadly, HSE enforces health and safety law in industrial
workplaces and over 400 local authorities enforce in
commercial workplaces
International level
Workplace drug testing (WDT)
• On an international level, the matter might be covered by Universal
Declaration of Human Rights, art 12 - "No one shall be subjected to
arbitrary interference with his privacy".
• The 1996 International Labour Organization (ILO) Code of Practice on
Management of alcohol and drug-related issues in the workplace, s.7.2,
states that testing should be undertaken in accordance with national laws
and practice
– the Guiding Principles of testing, in Annex V of the Code of Practice,
states that the written policy should indicate any laws and regulations
concerning drug testing that may apply
– it should emphasis workers’ rights, employers’ rights, public rights and
individual rights
European legislation
• Council Directive 89/391/EEC of 12 June 1989 on the
introduction of measures to encourage improvements in the
safety and health of workers at work.
– workers have certain obligations under article 13 of
Directive 89/391, which provides the general framework
for health and safety management, risk identification and
prevention
– the directive says it is the responsibility of workers to take
care, as far as possible, of their own and colleague’s safety
and health in accordance with their employers’ training
and instructions
European level
• The European Convention on Human Rights, adopted in 1950
guarantees the right to privacy, except “in the interest of
national security, public safety or the economic well-being of
the country, for the prevention of disorder and crime, for the
protection of health and morals, or for the protection of the
rights and freedoms of others”
• In its Art.8. Two cases appealing against WDT have been
declared inadmissible by the Court based on the specific facts
of these cases:
– Wretlund v Sweden (Application no. 46210/99) concerning a cleaner at
a nuclear power plant, and
– Madsen v Denmark (Application no. 58341/00) concerning a ferry
company employee
National level
• Since the European Convention on Human Rights and the EU
directives on data protection and health and safety at work
has been implemented in almost all countries’ laws there is a
high degree of harmonisation on some basic principles
• The emphasis on the health aspects, rather than the possible
illegality of drug taking: in many countries the occupational
doctor can only inform the employer whether an employee is
“fit for work”, rather than revealing the full results of the test;
the employer has a legal duty to provide a safe place of work
• The employment aspects: countries vary considerably in their
emphasis on testing before or during employment
• Sanctions: some countries specifically penalise unjustified
testing with criminal fines, either as a breach of workers’
privacy or as a breach of privacy generally
Italy
• Article 125 of law No 162 (26 June 1990)
– workers holding positions that involve a threat to security, and the
physical safety and health of third parties may be tested for intoxicants
in public undertakings
– testing is paid for by the employer – if positive worker will be
suspended – employer may be fined if found liable
• United Conference No 99/2007 Legislative Decree n.81/2008 on health
and safety in the workplace ( Agreement Stato-Regioni of 18 September
2008)
– establish mandatory procedures for screening tests (performed by
occupational health specialists) and confirmatory tests (performed by
laboratories identified by regional Directives) for at-risk workers
(public/private transportation, oil/gas companies, explosive/fireworks
industry)
ITALY
Legislation on Workplace laws Privacy Data
WDT, for applicants laws protection
or workers
laws
The only specific Art. 125 of the DPR 309/90 [the main drug law] Law No. 675 of
law on drug- states that certain categories of workers, holding 31 December
testing at work “positions which involve a threat to security and 1996 implements
applies to certain the physical safety and health of third parties”, Directive
categories of must undergo pre-employment and regular testing 95/46/EC.
workers to be for drug addiction at the expense of their employer. Supplemented
identified in a In the case of a positive result of the drug testing, and partially
decree jointly by the employer must relieve the worker from the amended by
the Ministry of position which involve a threat to security and the Presidential
Labour and Social physical safety and health of third parties. The Decree No.
Security, jointly employer may be fined up to €25,000 for non- 318/99 on
with the Minister compliance 'minimum
of Health. Until Art. 124 (of the DPR n. 309/90) obliges security
now no decree employers of addicts with a permanent contract to measures for
has been issued keep these posts open for up to 3 years (without personal data
pay) while the addict is rehabilitated handling' and
legislative decree
No. 467/2001.
Source EMCDDA
UK law
• The legal position on drug testing at work is confused
• In the UK, for example, there is no direct legislation and
important legal questions hinge on interpretation of a range
of provisions in health and safety, employment, human rights
and data protection law –
• Human Rights Act 1998
• Data Protection Act 1998
• Employment law
• Assault and consent
The responsibilities of employers
• Health and Safety at Work Act, 1974
– employers have a duty to protect their employees’ health, safety and welfare
in the workplace
– they are also legally responsible For the welfare of third parties
• The Management of Health and Safety at Work Regulations, 1999
– these regulations oblige employers to conduct assessments of health and
safety risk to their employees and third parties
• The Transport and Works Act 1992
– it is a criminal offence for certain workers including drivers and conductors on
buses or trains – to work under the influence of alcohol or drugs
– under these circumstances, if the employer has not exercised ‘due diligence’ in
ensuring that the employee is not under the influence of alcohol or drugs, he
or she is also guilty of a criminal offence
– the avoidance of criminal liability, alongside the obvious safety concerns, has
led many to introduce drug testing programmes
Legal & Ethical Arguments
• Legal arguments
– safety
– business
– prosecution
• ethical arguments
– deterrence
– privacy
– data protection
– discrimination
Alcohol
• Annually at least 17,000 alcohol-related deaths on EU roads*
• 2001 European Commission’s Communication on alcohol calls
for an enforced maximum limit of 0.5g/L or less lowered to
0.2g/L for inexperienced, two-wheel, large vehicle or
dangerous goods drivers, and random breath testing so that
everyone is checked every 3 years on average
*Institute of Alcohol Studies London July 2007
Alcohol
• Different countries have their own structure and traditions
when it comes to dealing with the problem caused by driving
under the influence of alcohol
• This is reflected in, among other things, the setting of
statutory alcohol limits, the methods used to enforce the law
and the sanctions imposed for people convicted of this traffic
crime
• Statutory blood-alcohol limits for driving vary from 20–80
mg/100 ml in EU countries and this fourfold difference has
more to do with political attitudes rather than traffic safety
research
BAC Levels in European countries
BAC Countries
Zero Czech Republic, Hungary, Romania, Slovak Republic
0.2g/L Estonia, Norway, Poland, Sweden
0.4g/L Lithuania
0.5g/L Austria, Belgium, Bulgaria, Cyprus, Denmark, Finland, France,
Germany, Greece, Iceland, Italy*, Latvia, Netherlands, Portugal,
Slovenia, Spain†,Switzerland, Turkey
0.8g/L Ireland, Luxembourg, Malta, United Kingdom
†A limit of 0.3g/L BAC applies to common carriers such as bus and truck drivers and
inexperienced drivers;
*Note: for professional drivers and for people who have been licensed for fewer than
three years, there is a zero-tolerance policy: the limit is 0.
BAC = blood alcohol concentration
Medicines
• For many medications it is difficult to predict whether, how,
when and for how long they will affect a person’s ability to
drive safely
– some medicines may cause:
• drowsiness
• dizziness or feeling light-headed
• difficulty concentrating, etc
• a person’s driving ability can also be affected by the medical
condition for which they are taking the medicine
• many over-the-counter medicines, including remedies for
coughs, colds, flu and hay fever, cause unwanted drowsiness
which might impair driving
Drug misuse and abuse
National Legislation
Country Main laws and lists of substances Classification
(with examples) formally determines
penalty?
Italy Controlled substances in Italy are Illicit activities related to
classified in six lists attached to the drugs are punished
Decree 4 March 1992 and amendments. differently according to
List I includes opiates and cocaine the list to which the drug
derivatives; belongs: lists II and IV are
List II cannabis; less severely punished
List III highly addictive barbiturates; than lists I and III.
List IV medical substances; Precursors are controlled
List V special preparation containing by the Legislative Decree
drugs; 258 of 12 April 1996
List VI stimulants. which implements EEC
Directive 92/109.
Source EMCDDA
National Legislation
Country Main laws and lists of substances Classification formally
(with examples) determines penalty?
United The Misuse of Drugs Act 1971 Penalty linked to drug
Kingdom determines three classes for misuse, type
based on the level of harm caused:
Class A; Class B; Class C.
Misuse of Drugs Regulations 2001
denote five schedules for regulatory
purposes:
I: including cannabis, hallucinogens;
II: including most opiates, cocaine;
III: including some barbiturates, some
stimulants;
IV: benzodiazepines; & anabolic
steroids
V: preparations.
Source EMCDDA
Illegal possession of drugs
EU legislation
Description Basic possession offences and penalties
(imprisonment)
European The Council Framework Maximum of at least 1-3 years.
Decision* 2004/757/JHA When there are large quantities of drugs,
Union of 25 October 2004 laying OR involvement of drugs which cause the
down minimum provisions most harm to health or has resulted in
on the constituent significant damage to the health of a
elements of criminal acts number of persons: maximum of at least 5-
and penalties in the field 10 years.
of illicit drug trafficking. If committed within the framework of a
Article 2(1)(c) requests criminal organisation: maximum of at least
punishment of the 10 years.
possession of drugs with a When precursors are involved, and the
view to trafficking them offence is committed within the framework
of a criminal organisation or intended to be
*This Framework-Decision used for production or manufacture of
Source EMCDDA
must be implemented by drugs: maximum of at least 5-10 years.
12 May 2006.
Illegal possession of drugs
National Legislation
Description Basic possession offences and
penalties (imprisonment)
Italy Under the DPR 309/90, Basic: Lists I, III; 8 - 20 years. Lists II, IV; 2- 6
Art.73-75, possession for years.
personal use is punished by Quantity for personal use: For substances
administrative sanctions in lists I, III, administrative sanctions for 2-
(withdrawal of driving 4 months; for substances in lists II, IV (incl.
licence etc), though for lists cannabis) administrative sanctions for 1-3
II-IV (incl. cannabis) the months.
prefect will drop the case
with a warning.
Any other possession will
be punished according to
Source EMCDDA
the quantity and the nature
of the substance.
Illegal possession of drugs
National Legislation
Description Basic possession offences and
penalties (imprisonment)
UK In the Misuse of Drugs Act 1971 s.5 Basic: Class A drugs: up to 6 months and/or
there are two possession offences: a fine (summary); up to 7 years (on
Possession, and possession with indictment);
intent to supply. Punishment is Class B: up to 3 months and/or a fine
linked to the class of drugs involved (summary); up to 5 years (on indictment);
(A, B, C, with A being the most Class C: up to 3 months and/or a fine
harmful), and whether sentencing is (summary); up to 2 years (on indictment).
by a Magistrate’s Court (summary) or With intent to supply: Class A drugs: up to
in a Crown Court (on indictment). 6 months and/or a fine (summary); life (on
The Drugs Act 2005 introduced the indictment);
concept of a prescribed amount, Class B: up to 6 months and/or a fine
above which there is a presumption (summary); up to 14 years (on indictment);
Source
EMCDDA
of intent to supply – Regulations will Class C: up to 3 months and/or a fine
define these amounts. Other factors (summary); up to 14 years (on indictment)
may also be taken into account
Designed or Synthetic drugs
• ‘Legal Highs’ are substances which produce the
same, or similar effects, to drugs such as cocaine and
ecstasy, but are not controlled under the Misuse of
Drugs Act
• They are however, considered illegal under current
medicines legislation to sell, supply or advertise for
“human consumption” - to get round this sellers
refer to them as research chemicals, plant food, bath
crystals or pond cleaner
How these substances dealt with?
• Different approaches:
– following advice from the Advisory Council on the Misuse
of Drugs (ACMD) UK Government can ban substance under
the Misuse of Drugs Act, e.g. Spice, GBL and BZP (2009)
and mephedrone and related compounds (2010)
– in the US temporary scheduling allows for substances to be
classified as controlled drugs for 1 year while new
evidence is gathered
– in New Zealand legislation allows for substances to be
placed on a restricted list
Approaches to regulation
• individual control (universal) – specific listing
– lists specific substances named one by one
• generic control (UK, Ireland, New Zealand) – generic listing
– defines a family of substances based on substitution patterns in a
parent molecule where the type, number and position of substituents
may be precisely specified
• analogue control (USA, Latvia, Norway, New Zealand)
– covers a family of substances due to their
• similar chemical structure
• similar pharmacological activity
• ‘all-encompassing control’ (Ireland)
– covers essentially all psychoactive substances based on their activity
on the CNS
Other issues
• cognition enhancing drugs – so called ‘smart’ drugs
• misuse/dependence and addiction to prescription and over-
the-counter medication
– Directed use: the use of POM/OTC medicines in the way they ave been
prescribed by a qualified medical professional
– Non-directed use: the use of medicines by an individual for whom
they have not be prescribed or taking doses of a medicines above
prescribed levels
• Prescription medicines, e.g.
– benzodiazepines and z-drugs; prescribed opiates (painkillers)
• Over-the-counter medicines (OTC), e.g.
– Over-the-counter opiates (painkillers); antihistamines
Thank you for your kind attention
la ringrazio molto per la cortese attenzione
