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On the threshold: how relevant should quantity be in determining intent to supply?
1Lecturer in Law, University of Leicester, England. Ckw2@le.ac.uk
The International Journal on Drug Policy
|September 25, 2007
Summary
Drug supply laws in England proposed thresholds to simplify intent proof but faced criticism. Shelving the policy prevented its use for diversion, a potentially beneficial application for lower-level offenders.
Area of Science:
- Criminology
- Drug Policy Analysis
- Legal Studies
Background:
- The English Government proposed drug legislation in 2005 to simplify proof of intent to supply.
- This initiative aimed to establish legal thresholds for drug offenses.
Purpose of the Study:
- Critique the government's decision to abandon the proposed drug supply thresholds.
- Analyze the implications of shelving the policy, considering international and European precedents.
Main Methods:
- Review of European and international drug legislation and policy.
- Analysis of the consultation process and criticisms of the proposed thresholds.
- Examination of the potential benefits and drawbacks of implementing supply thresholds.
Main Results:
- The proposal to use thresholds for presuming intent to supply was deemed problematic.
- Significant opposition arose during the consultation phase, citing concerns of injustice and impracticality.
Conclusions:
- While problematic for establishing intent, drug supply thresholds could have supported diversion policies.
- Shelving the proposal missed an opportunity to facilitate diversion for individuals below certain thresholds.
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