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Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2014

My Lords, the Government seek to control khat as a class C drug under the Misuse of Drugs Act 1971, to protect the public from the potential harms associated with this drug and the threat posed from its international trafficking.

Through the second draft order laid by the Ministry of Justice, the Government are seeking to extend the use of penalty notices for disorder—PNDs—to the offence of simple possession of khat, when it is the second time that the offence has been committed. By a negative instrument, the financial penalty for the khat PND will be set at £60. On the first occasion that an offence has been committed, a person is likely to be issued with a non-statutory “khat warning”. Anyone caught possessing khat for the third time or more will face arrest. This reflects the policing strategy for khat possession cases agreed with the national policing lead for drugs. Both draft orders were considered in Grand Committee on 31 March. The House will be aware that both draft orders have been approved in the House of Commons. I commend the two orders to the House.

Amendment to the Motion