A Temporary Class Drug Order will last for up to 12 months and with the exception of the possession offence, all offences under the Misuse of Drugs Act 1971 will apply. The new key provisions are:
- Ban the unlawful importation, production and supply of a temporary class drug in the UK for 12 months, to protect the public from potentially harmful substances;
- The drug is not already controlled under the Act (as a Class A, B or C)
- Give the Advisory Council on the Misuse of Drugs time to provide full, independent and expert advice on the temporary class drug;
- Enable enforcement partners and the criminal justice system to take action against offenders;
- Make a decision on permanent control or other measures as deemed necessary following consideration of the full advice received from experts;
Offences committed under the 1971 Act in relation to a temporary class drug are subject to the following maximum penalties –
- 14 years’ imprisonment and an unlimited fine on indictment.
- 6 months’ imprisonment and a £5,000 fine on summary conviction.