criminal-law england-and-wales drugs
Is mere consumption of illicit substances an offence?
<p>Meet Bob. Bob was hanging out at a party chatting with Alice who offered and then fed him a pill. Alternatively, suppose she racks him a line of something snortable. Bob either swallows or snorts these from her hands. Note that at no stage prior to consumption could Bob be said to have possessed these substances in any way.</p>
<p>Has Bob committed any offence?</p>
<hr />
<p>For clarification:
My questions are basically: for Bob to be guilty of an offence, must he have been said to possess the substance (ie there is no relevant separate offence  of consuming so it would have to fit into possession), and then: am I incorrect that consuming and possessing are two very different acts that would not be conflated by the law?</p>

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<p>My understanding of the question is:</p>
<blockquote>
<p>Is consumption of illicit substances in itself an offence?</p>
</blockquote>
<p>So far as I'm aware the only such offence is <a href="https://www.legislation.gov.uk/ukpga/1971/38/section/9" rel="nofollow noreferrer">&quot;to smoke or otherwise use prepared opium&quot; contrary to s9(a) Misuse of Drugs Act 1971</a>.</p>

<p>It will likely depend on the location the use occurred, the nature which Bob consumed and the knowledge Bob had at the time, the knowledge that the complaining witness(s) will testify they saw.</p>
<p>In all likely-hood they wouldn't prosecute the possession charges unless the party was on property that Bob has regular unconditional access to (such as his own house or a property where he can come and go with little restriction such as an office he has a key too) AND the police were able to find evidence of drugs having been on the property.  Otherwise, the risk that Bob was unwittingly dosed might come into play as a defense and the risk that it could be successful is too high for a prosecutor to take charges to court.</p>
<p>That said, there could be charges to the use of drugs while &quot;Under the Influence&quot; or &quot;While Intoxicated&quot; as well as certain drug induced actions that would open up &quot;Disturbing the Peace&quot; that can make an arrest.  And while Bob has the right to remain silent, people who are high often lack the ability to remain silent... and anything you say can and will be used against you in the court.</p>

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<p>Consumption is legal, but <a href="https://www.gesetze-im-internet.de/btmg_1981/__29.html" rel="nofollow noreferrer">planting, production, possession, trade, import, sale, handing out, and buying of any drug under the BtmG are all illegal without special license or exception</a>. Such a medical exception exists for example for morphine in emergency medicine, or for diamorphine in drug rehabilitation, so a doctor can file a <em>lot</em> of paperwork to get a <em>BtM-Rezept</em> to get their patient one of those as a regular, very strict controlled medicine.</p>
<p>However, back to Bob at the party where Alice is handing out substances. Many <em>street drugs</em> (like Lysergic Acid Diethylamide or Benzoylmethylecgonine) are controlled under the BtM, and politics strives to keep the list of drugs up to date. Of the currently <a href="https://www.bfarm.de/SharedDocs/Downloads/DE/Bundesopiumstelle/Betaeubungsmittel/BtM-Stoffe.html" rel="nofollow noreferrer">455 chemicals, only 56 have exceptions</a> under the BtMG. You can find LAD under the shorthand <code>lyse</code> and Benzoylmethylegonine as <code>coca</code> and <code>cocai</code>.</p>
<ul>
<li><strong>Alice</strong> acquired the substances most likely by illegal production, import, or buying, as the two examples are not exeptable. However, she was not caught in the act, so no charge.</li>
<li><strong>Alice</strong> was in illegal possession of the substance till she gave it away. She was not caught in possession, so no charge.</li>
<li><strong>Alice</strong> also gave them to Bob, so she is guilty of handing them to Bob (<em>Abgabe</em>). This can be prosecuted if Bob 'rats her out'.</li>
<li><strong>Bob <em>might</em></strong> be caught in possession the moment he is in the process of consuming it, but he'd most likely be only in possession of a single dose. That is most likely only a <em>geringe Menge</em> (small amount) that can be seen as too little to prosecute effectively and thus usually not prosecuted.</li>
</ul>
<p>Alice is a heavy criminal now, but Bob? nothing to get him, at best</p>
