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<p>We have no plans to introduce legislation to make the sale of drugs to people under
the age of 16 a specific criminal offence. Under s.4(1) of the Misuse of Drugs Act
1971 (MDA 1971), it is unlawful to “supply or offer to supply a controlled drug to
another”. This is expanded upon by s.4(3), which makes it an offence: (a) to supply
or offer to supply a controlled drug to another in contravention of s.4(1); or (b)
to be concerned in the supplying of such a drug to another in contravention of s.4(1);
or (c) to be concerned in the making to another an offer to supply such a drug (in
contravention of s.4(1)).</p><p>These provisions do not differentiate between different
classes of person based on age or any other characteristic. The offence is made out
where a person supplies a controlled drug to another person or offers to supply a
controlled drug to another person. It would therefore be an offence under s.4 MDA
1971 to supply a controlled drug to a person under the age of 16 (subject of course
to any applicable exemptions and licences held).</p><p>Additionally, section 4A of
the MDA 1971 sets out the circumstances that a court must treat as aggravating factors
in respect of the offence of supply of a controlled drug under s.4. These circumstances
are:</p><p>(a) When a person supplies a controlled drug on or in the vicinity of school
premises when those premises are being used by persons under 18 (and within one hour
of any such time); and</p><p>(b) When a person causes or permits a person under 18
to deliver a controlled drug to a third person or to deliver a drug related consideration
to himself or a third person in connection with the offence of supply of a controlled
drug.</p><p>The provisions of s.4A are concerned with where the supply took place
(e.g. in the vicinity of a school), when the supply took place (e.g. during school
hours) and whether a child courier was used to effect the supply.</p>
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