5. The penalties for the offence of unlawful possession of a controlled drug (section 5(2) of the 1971 Act) should be:

Class A drug involved

Summary: six months or £1,000, or both.

On indictment: seven years or a fine, or both.

Class B drug involved

Summary: three months or £500, or both.

On indictment: five years or a fine, or both.

Class C drug involved

Summary: £200.

On indictment: two years or a fine, or both.

6. The penalties for unlawful trafficking in a controlled drug (sections 4(2), 4(3), 5(3) and 8 of the 1971 Act) should be:

Class A drug involved

Summary: six months or £1,000, or both.

On indictment: 14 years or a fine, or both.

Class B drug involved

Summary: six months or £1,000, or both.

On indictment: 10 years or a fine, or both.

Class C drug involved

Summary: three months or £500, or both.

On indictment: seven years or a fine, or both.

Note: Offences under sections 12(6) and 13(3) of the 1971 Act, contravention of a direction prohibiting a practitioner etc., from possessing, supplying, etc., controlled drugs carry the same penalties as those which we have identified as "trafficking offences". We would expect, therefore, that if any change were eventually made on the lines of this recommendation the penalties for the section 12(6) and 13(3) offences would be similarly modified.

7. Section 6 of the 1971 Act, restriction of cultivation of cannabis plant, should be repealed.