Khat will become a controlled Class C drug on 24 June. The Government decided to ban khat under the Misuse of Drugs Act 1971 to address:

• The community concerns on the health and social harms of khat use in the UK.
• The risk of the UK becoming a single, regional khat smuggling hub for onward trafficking to countries where it is banned – especially after the Dutch ban came into force in January 2013.

All Class C drug offences will apply including possession with intent to supply, supply, importation, exportation and production, which attract criminal sanctions of up to 14 years’ imprisonment and unlimited fine on indictment (summary conviction: 3 months and £2,500).

Khat use is mainly associated with Somali and Yemeni communities in the UK. We need to ensure that the policing response to possession offences (for personal use) is proportionate and sensitive to local needs where khat has been causing concern in England & Wales. This is why the Home Secretary agreed with the Secretary of State for Justice to introduce an escalation policy for the simple possession offence of khat (similar to cannabis). We have worked with the national policing lead on drugs and the Ministry of Justice to enable the use of ‘khat warnings’ to deal with the first such offence and £60 Penalty Notices for Disorder the second time. Further possession offences will likely lead to arrest for possession of a controlled Class C drug and further action (separate national policing guidance on this will be issued).

Further information on khat and the drug legislation update, see the following documents:

The Misuse of Drugs Act 1971 (Amendment) Order 2014

Explanatory Memorandum to The Misuse of Drugs Act 1971 (Amendment) Order 2014