Importation/Exportation of Drugs
The importation or exportation of any controlled drug is prohibited unless it is done in accordance with the terms of a licence granted by the Secretary of State (Home Office) and in compliance with any conditions attached to the licence.
The potential for prosecutions in this area have grown with the increase of internet pharmacy sites. It is important to remember if ordering a controlled drug over the internet you may risk prosecution. There are also concerns about the safety of such drugs as there has been a huge increase in counterfeit pharmaceutical products over the last few years.
Schedule 4 (ii) drugs (e.g. steroids) can be imported or exported provided that they are for personal use and carried in or out of the country by the person intending to use them. The prohibition on importation and exportation also does not apply to drugs specified in Schedule 5 of the Misuse of Drugs Regulations, with the exception of nitrous oxide, to which the prohibition does still apply.
Penalties available for importation/exportation offences
Sentencing for any importation/exportation case is complicated and will depend on the quantity of drugs involved and the role of the offender. The Sentencing Guidelines for Drug Offences outlines the range of sentences available for supply cases:
Class A
- Maximum: Life imprisonment
- Offence range: Band A fine – 16 years’ custody
Class B
- Maximum: 14 years’ custody and/ or unlimited fine
- Offence range: Discharge – 10 years’ custody
Class C
- Maximum: 14 years’ custody and/ or unlimited fine
- Offence range: Discharge – 8 years’ custody
Psychoactive Substances Act 2016
The Psychoactive Substances Act 2016 was introduced in 2016 in a response to “legal highs”. It applies to any psychoactive substances, defined in section 2 of the Act as anything capable of producing a psychoactive effect by stimulating or depressing the central nervous system. The Psychoactive Substances Act 2016 therefore covers novel substances entering the market before they are specifically controlled under the Misuse of Drugs Act 1971. The definition is deliberately broad and creates grey areas.
Importation and exportation of a psychoactive substance is an offence under section 8 of the PSA 2016. Unlike importation under the Misuse of Drugs Act 1971, the prosecution must also show that somebody intending to use the substance for its psychoactive effects. The offence has its own Sentencing Council Guidelines here: