Laura Plummer gaoled for taking Tramadol into Egypt
Tramadol tablets |
Big news in the UK today is the case of Laura Plummer, a 33
year old British woman who managed to “accidentally” plead guilty to importing
Tramadol painkiller tablets into Egypt in a bizarre misunderstanding on
Christmas Day. She has now been sentenced to three years imprisonment by the
court.
In Egypt it seems that the possession and importation of
Tramadol is banned without a special prescription because it is widely abused
in that country. Ms Plummer has said that she did not know the medication was
illegal in Egypt and had taken it into the country for her Egyptian boyfriend,
Omar Caboo, who is also 33 years old. According to the news reports I’ve read
of Ms Plummer’s account and those given by her family to explain her actions, Ms
Plummer obtained the drugs from a friend here in the UK. It is unclear whether
that friend was in possession of a prescription nor, if they were, how it came
to be that they built up such an extensive stockpile if they genuinely required
the medication – it seems Ms Plummer obtained 290 tablets from this friend. So
far as my limited medical knowledge extends, Tramadol can be taken at most every
4 hours. That would mean that 290 tablets would last somebody on that dose just
over 48 days, which is quite a hoardto build up if you really need them.
You might think that it would be sensible to make some
enquiries of the Egyptian Embassy when applying for her VISA, especially since
it can be little surprise that Egypt controls Tramadol when it is also a
controlled drug in the UK, where it is listed under Part III of Schedule 2 of
the Misuse of Drugs Act 1971, which makes it a class C drug! Even if you do not
know that, the fact that you can only obtain it with a prescription from a
medical doctor should ring alarm bells in anyone’s mind that this is not the
same sort of medication as Aspirin.
I do not know anything at all about Egyptian law, so I’ll
restrict my comments to English law.
We’ve already seen that Tramadol is a class C drug in the
UK. That means that if you import it to or
export from the UK you will be committing a criminal offence under section
3 of the 1971 Act. Importing or exporting a class C drug into/from the UK
carries a maximum sentence of 14 years imprisonment!
Because Ms Plummer had no prescription for the medication,
and no lawful reason for possessing it in the UK, she may also have been committing
the offence of possession of drugs while in the UK, based on the facts as
reported by the UK press so far, although you should always take “facts” in
court case stories with a pinch of salt.
What would the sentence be for somebody in Ms Plummer’s
situation importing Tramadol into the UK in similar circumstances? The
sentencing guidelines call for us to establish whether she played a leading,
significant or lesser role in the operation. So, we must ask what is the
operation? It would seem to be one in which Ms Plummer has arranged for her
friend to supply her with the Tramadol, on the facts reported it would appear
that this supply is illegal, although whether there is a defence available
should the friend be charged is unclear – there may well be. Having obtained
the drug, she then took it to Egypt with the intention of supplying it to her
boyfriend, Mr Caboo. On the reported account, the supply was not for financial
gain. It has been said that no effort was made to conceal with drugs, which you
may think reflects badly on the UK security checks that failed to notice this
stash of pills. In any event, I would suggest that she cannot be described as
playing a leading role because that seems more applicable to somebody at the
top of a large-scale operation making significant financial gains. She may well
be playing a significant role because she clearly is involved in a chain of
individuals and appears to have some operational or management function within
that chain. She has involved others in the chain, albeit there is no suggestion
that this was done by pressure, influence, intimidation or force. On the
reported account she is probably not quite in a lesser role because she is not
acting under direction, has not been engaged by pressure, coercion or
intimidation, etc. Her family have certainly argued that she became involved
through naivety. On balance, I would place somebody in Ms Plummer’s position
bringing Tramadol into the UK on the fence between lesser and significant
roles, probably tending slightly more toward a significant role due to the
planning that must have gone into the operation.
In terms of harm, the guidelines require us to look at the
amounts of drugs involved. They do not specify an amount for Tramadol but they
do specify amounts for ketamine, which is the same class of drug as Tramadol.
The guidelines break the harm into four categories with 5g of ketamine putting
somebody into the fourth and lowest category while 150g is category 3. In a
real case, I would hope that more research were done into the comparability of the
weights of ketamine and Tramadol.
Assuming each Tramdol tablet is 50 milligrams that would
mean that 290 of them equates to 14.5g of Tramadol. So, it is almost three
times higher than the category 4 level but is many times less than the category
3 level, which means we can safely place it into category 4, which is the
lowest level of harm. Just to be clear, I do not believe it would be possible
to reach 150g of Tramadol in 290 tablets given that would require each tablet
to contain over 500 milligrams and I do not believe they make a dose that
strong.
Because this offence would be in category 4 and the amounts
involved are significantly below the category 3 amounts, we are directed to refer
ourselves to the guideline for possession of drugs rather than importation.
When we do that we discover that a person in a similar situation to Ms Plummer
caught importing Tramadol to the UK would likely receive a medium level
community order at worst.
So, we can see that the sentence handed down in Egypt is
significantly harsher than what would have been received by a person in a
similar situation in the UK; however, it is certainly not as bad as the press
was reporting she should expect before today – this morning I read that she was
facing the death penalty!
It’s worth saying that even if she were solidly in the
leading role and category three range she would still only have received a
maximum of 18 months imprisonment for the same offence in the UK.
What is most interesting about Ms Plummer case is our
reaction to it. Most newspapers I’ve seen have been hostile to the prosecution
and sentence, either explicitly or just by the general feeling conveyed in
their reporting. But, many people in the UK also think that people caught
importing drugs are treated leniently – that’s the feeling I get from people I
speak to and newspapers I read. For once, we all get to see the issue from the
other side. If you are in favour of tougher gaol sentences for people importing
drugs to the UK, then this is what they look like – people caught with
painkillers going to prison for years at a time!
Ms Jennings in final para?
ReplyDeleteThanks. Not sure what happened there.
DeleteJust a brief comment, you say that this reflects badly on UK security checks. The purpose of airport security is to monitor for items that are of danger to the aircraft or passengers (bombs, guns, knives etc).
ReplyDeleteDespite popular misconceptions they are not police, immigration or customs officers. They have neither the training nor the time to be monitoring for ‘illicit’ goods. They may call for support if they spot a massive bundle of cash or a big package of white powder, but not for boxes of properly packaged medicine which a significant percentage of travellers will carry.
I don’t think this incident reflects badly on the security staff as it isn’t their job. I would be unconvinced that the cost and inconvenience of asking them to monitor for this would worth the potential benefit.
Might be good idea to change your photo - that's injectable tramadol, haven't seen it used for years.
ReplyDeleteTramadol dosage is 50mg, 2 tabs max four times daily - so eight a day - max prescription would be for 28 days so 224 tablets. Having said that rarely see prescriptions for more than 90-100
ReplyDeleteNo, it can be prescribed in 50mg, 100mg or 200mg doses. Personally I take 8 x 200g capsules per day and am prescribed 240 at a time (30 days). I also take co-codamol and oral morphine. I have severe chronic pain though and it’s all prescribed and suitably monitored.
DeleteIt’s idiotic behaviour like this that has meant chronically ill and disabled people have to jump through more and more hoops to obtain their much needed medications.
https://twitter.com/DavidJuurlink/status/921768456114135040
ReplyDeleteIt's a controlled drug - no more than a months supply should be prescribed. If the friend has diverted supply they would also need to be charged