§ Baroness Hanhamasked Her Majesty's Government:
Whether crack cocaine is now included in Sections 8 and 9 of the Misuse of Drugs Act 1971, in accordance with Section 38 of the Criminal Justice and Police Act 2001. [HL5646]
§ Lord FilkinSection 8(a) and (b) of the Misuse of Drugs Act 1971 which covers the production or attempted production, supply and attempted supply of controlled drugs to another on premises applies to all controlled drugs including crack cocaine. Last year, the Government introduced an amendment to Section 8(d) of the 1971 Act through Section 38 of the Criminal Justice and Police Act 2001. The amendment extended216WA the scope of Section 8(d), which covered the use of cannabis and opium, to cover the use of all controlled drugs including crack cocaine on premises in order to strengthen police powers to deal with the proliferation of crack houses.
It was also recognised that the strengthening of Section 8(d) could impinge on the legitimate harm reduction activities of those working in the care sector. The Government therefore undertook that, before the amendment was implemented, Notes of Guidance outlining how it should be enforced must be published. Work is currently being undertaken to publish the Notes of Guidance and implement Section 8(d).
Section 9 of the 1971 Act applies to opium only.