Moved by
Lord Paddick
23: After Clause 3, insert the following new Clause—
“Possession of controlled drugs
(1) The Misuse of Drugs Act 1971 is amended as follows.
(2) Omit section 5(1) and (2).
(3) After section 5 insert—
“5A Measures in respect of possession of controlled drugs for personal use
(1) Where a person is detained on suspicion of having committed an arrestable offence and is found to be in possession of a controlled drug falling within Schedule 2 (Class A drugs) in circumstances which do not constitute an offence under section 3 (restriction of importation and exportation of controlled drugs) or section 4 (restriction of production and supply of controlled drugs), a senior officer or a local authority may require the person to attend a drug treatment programme or drug awareness programme.
(2) The Secretary of State shall by regulations define “drug treatment programme” and “drug awareness programme” for the purposes of this Act.
(3) Regulations made under this section must be made by statutory instrument.
(4) A statutory instrument under this section may not be made unless a draft of the instrument has been laid before, and approved by resolution of, both Houses of Parliament.””