A person suspected of selling drugs can be arrested and prosecuted. However, he may not be charged if he is only caught in the act of owning or possessing it. Those fine lines in the newly approved Legal High Laws can be confusing and complicate matters, especially for police who have been tasked to ferret out and take into custody those who traffic in illegal drugs. The bill has already passed the approval of Parliament in its various stage and is expected to be signed formally by the Queen on April of this year.
According to Chemistry World, the universally acclaimed Psychoactive Substances Act in England bans 'any substance intended for human consumption that is capable of producing a psychoactive effect'. Anyone caught manufacturing or selling a psychoactive drug can face up to a maximum seven years in prison.
However, in a related report by MixMag, Ron Hogg, Police and Crime Commissioner of Durham, expresses his concern that the bill could only result in confusion for the officers who are seeking out drug traffickers on the field. The bill apparently makes trading and selling legal highs unlawful, but the anyone caught using them for personal, and not commercial use, is not liable for prosecution.
Hogg contends that the full power of the law cannot be implemented if drug possession is not defined as a crime. He says, "On the ground that might mean that people are arrested, drugs seized and taken for testing, and then people are not prosecuted."
In its interview with Hogg, the Guardian quotes the Commissioner saying, "It depends how much time and energy that forces are willing to put into this. The legislation doesn't help for not making possession a criminal offence, or taking the converse view and decriminalising possession of all drugs. I suspect we will find a mixed bag and it will make it very difficult for operational officers to make a decision."
