It is a criminal offence to supply, or offer to supply an object for providing or preparing a controlled drug. The maximum sentence is 6 months imprisonment and/or a fine up to level 5.
The offence will be committed if all of the following things happen:
- An object is supplied or offered to be supplied.
- The object could be used or changed to be used (either by itself or together with another object or objects) to provide a controlled drug.
- The person supplying or offering to supply the object believed that it would be used by any person to give the drug to themselves or another person.
- The provision of the drug would be illegal (certain people such as doctors and dentists are legally allowed to to provide drugs).
Objects such as crack pipes, grinders, spoons, bongs and tourniquets could fall within this prohibition.
For a prolonged period, there have been no prosecutions under this law for the sale of crack pipes, spoons, or bongs, amongst other paraphernalia. However, in 2014 a shop owner in Leeds was prosecuted for selling bongs, plastic bags and grinders. The shop owner was found guilty on the basis that he would have known that they would be used by cannabis smokers. The shop owner received a criminal fine and is the first of its kind. It not yet clear whether this will result in an increase in convictions for shop owners who sell drug paraphernalia.
Exceptions
It is not an offence to supply hypodermic syringes.
The following things can also be provided if they are provided by a doctor, pharmacist or someone working legally within drug treatment services:
- Swabs.
- Citric acid.
- Filters.
- Ascorbic acid.
- Water ampoules of up to 5ml.
Release and other organisations campaigned for foil to be added to this list as it is an important harm reduction tool that can help move people from injecting heroin to smoking it. In 2014 foil was added to the exceptions after the Home Secretary accepted advice from the Advisory Council on the Misuse of Drugs to allow for the lawful provision of foil by drug treatment providers on the basis it is to get people into treatment and away from using drugs.
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