Gradient of offences and penalties
A schedule specifying a gradient of offences related to the production, supply, purchase and possession of potentially harmful substances, with each offence accompanied by a range of penalties and the choice of penalty decided by the sentencer.
The schedule should set out a graduated list or gradient of all specific offences related to the production (growing or manufacture), supply, purchase and possession of potentially harmful substances, in descending order of seriousness. Each offence should be accompanied by a range of penalties attached to it, the precise choice of penalty to be decided, as now, by the sentencer.
The main difference from the present classification system would be that neither the statute nor the schedule themselves would determine the absolute criminality of any individual substance by name nor allocate specific penalties to its supply or possession in isolation from the circumstances of the individual case.