Misuse of Drugs Act, 1984

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Penalties.

6.—Section 27 of the Principal Act is hereby amended by the substitution of the following subsections for subsections (1) to (11):

“(1) Subject to section 28 of this Act, every person guilty of an offence under section 3 of this Act shall be liable—

(a) where the relevant controlled drug is cannabis or cannabis resin and the court is satisfied that the person was in possession of such drug for his personal use:

(i) in the case of a first offence,

(I) on summary conviction, to a fine not exceeding £300, or

(II) on conviction on indictment, to a fine not exceeding £500,

(ii) in the case of a second offence,

(I) on summary conviction, to a fine not exceeding £400, or

(II) on conviction on indictment, to a fine not exceeding £1,000,

(iii) in the case of a third or subsequent offence,

(I) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

(II) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both the fine and the imprisonment;

(b) in any other case—

(i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

(ii) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding seven years, or to both the fine and the imprisonment.

(2) Subject to section 28 of this Act, every person guilty of an offence under section 6 , 7 , 16 , 17, 19 or 20 of this Act shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

(b) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding fourteen years, or to both the fine and the imprisonment.

(3) Subject to section 28 of this Act, every person guilty of an offence under section 15 of this Act shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

(b) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for life or such lesser period as the court shall determine, or, at such discretion, to both such fine and such lesser period of imprisonment.

(4) Subject to section 28 of this Act, every person guilty of an offence under section 18 of this Act shall be liable—

(a) on summary conviction, to a fine not exceeding £400 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment, or

(b) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both the fine and the imprisonment.

(5) Every person guilty of an offence under section 21 (1) of this Act shall be liable to be punished on summary conviction as if he were guilty of the substantive offence and in case a penalty on conviction on indictment is provided by this Act in relation to the substantive offence, he shall be liable to be proceeded against on indictment and, if convicted, punished as if he were convicted on indictment of the substantive offence.

(6) Every person guilty of an offence under section 21 (2) of this Act shall be liable—

(a) in case the regulation in relation to which the offence was committed is a regulation made pursuant to section 5 (1) (a) of this Act, other than a regulation regulating the transportation of controlled drugs,

(i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or

(ii) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding fourteen years, or to both the fine and the imprisonment, and

(b) in case the regulation in relation to which the offence was committed is a regulation made otherwise than under the said section 5 (1) (a) or is a regulation regulating the transportation of controlled drugs—

(i) on summary conviction, to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment, or

(ii) on conviction on indictment, to a fine of such amount as the court considers appropriate, or at the discretion of the court, to imprisonment for a term not exceeding two years, or to both the fine and the imprisonment.

(7) Every person guilty of an offence under section 21 of this Act, other than an offence mentioned in subsection (1) or subsection (2) of that section, shall be liable on summary conviction to a fine not exceeding £400 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment.

(8) Every person guilty of an offence under paragraph (a) or (b) of subsection (1D) of section 23 of this Act, as amended by section 12 of the Misuse of Drugs Act, 1984, shall be liable on summary conviction to a fine not exceeding £200.

(9) Every person guilty of an offence under section 5 of the Misuse of Drugs Act, 1984, shall on summary conviction be liable—

(a) in case the offence is an offence under subsection (2) of that section, to a fine not exceeding £1,000,

(b) in any other case, to a fine not exceeding £500.”.