The Legal Position on Drugs

There are 8 key areas of legislation around drugs

1. Misuse of Drugs Act 1971
“To restrict the use of drugs which cause harm to the individual or others”
This Act relates to the:

  • Possession
  • Supply
  • Possession With Intent To Supply
  • Controlled Drugs on Premises

of Class A, B and C drugs

2. Anti Social Behaviour Act 2003
Giving powers to close “crack houses” and other property associated with drug use

3. Drugs Act 2005
To supplement Anti Social Behaviour Orders in cases where behaviour is affected by drug misuse

4. Employment Protection Act 1978
Employers must prove they have acted reasonably and fairly in dismissing a staff member

5. Transport & Works Act 1992
It is an offence for an employee to be under the influence of alcohol or drug use whilst working on transport systems

6. Road Traffic Act 1988 / 1991
Any person driving a motor vehicle while unfit to drive through use of a substance can be prosecuted

7. Health & Safety at Work Regulations 1992
This puts a duty on employers to assess risks. 
Knowingly allowing an employee to continue working if affected by alcohol or drugs could make an employer liable to prosecution

8. Health & Safety at Work Act 1974
Employers have a duty to keep employees safe.  Employees also have a responsibility for themselves and others