Practice and Procedure

R v H (2012)

PUBLISHED March 2, 2012

[2012] EWCA Crim 525

There was no legal certainty about whether powdered Mimosa Hostilis tree bark (MHRB) containing the Class A drug dimethyltryptamine or dried sliced San Pedro cacti containing the Class A drug mescaline amounted to unlawful "preparations " under the Misuse of Drugs Act 1971 Sch.2 Pt I para.5. It would therefore be an abuse of process to try a defendant for being involved in the importation and distribution of those substances.

CA (Crim Div) (Rafferty LJ, Foskett J, Globe J)