Drug offences

What are the laws around drugs?

The Misuse of Drugs Act 1971 seeks to control the use and distribution of dangerous and harmful drugs. The act achieves this by imposing a complete ban on the possession, supply, manufacture, import and export of controlled drugs, except as allowed by regulations or by licence from the Secretary of State.

There are three classifications for illegal drugs. They are classed according to the degree of harm they cause from misuse. The type of drugs a person is caught possessing, supplying, or producing has a bearing on the severity of the offence.

• Class A drugs are treated as the most dangerous type of drug. They include heroin, cocaine, ecstasy, LSD and crystal meth. Synthetic opioids are man-made drugs that have the same effects as natural opioids and most are treated as a Class A drug.
• Class B drugs include codeine, ketamine and cannabis.
• Class C drugs include anabolic steroids, minor tranquilisers, GHB and khat.

What are drug offences?

The main offences associated with illegal drugs are possession, supply, production, and importation.

Possession

In the UK it is an offence to possess most banned substances – possession means being caught with drugs, even if they do not belong to you. If the police have ‘reasonable suspicion’ that you are in possession of a controlled drug, they have the power to stop, search and detain you.
The penalty for possession depends on the class of drug, the amount possessed and where they were found, but can range from 2 to 7 years’ imprisonment, an unlimited fine or both.

Supply/possession with intent to supply

More serious than possession is possession with intent to supply, and this offence may be proved by certain factors:

• Direct evidence (witness testimony or surveillance)
• Possessing more drugs than would be consistent with personal use
• Possessing uncut drugs
• Evidence that the drug has been prepared for sale, such as being cut into and wrapped in small portions
• Finding drug-related equipment, such as weighing scales and cutting agents, with the suspect
• The offence of supplying drugs includes dealing or sharing drugs. This applies even if you are doing so with family or friends, and doesn’t require proof of any type of payment
• The penalty for supplying drugs depends on the amount of drugs found, but can be severe, ranging from 14 years to life imprisonment, an unlimited fine or both

Production

If you have committed the offence of drug production it means that you have had some identifiable participation in the process of producing an illegal drug. This can be by growing it, making it or any other method.

The penalty for participating in the production of drugs can be severe, ranging from 14 years to life imprisonment, an unlimited fine or both.

Importation

The offence of drug smuggling applies to the illegal importation and exportation of a controlled drug across country or state borders. It is possible to play a part in drug smuggling even if you haven’t physically carried the drugs yourself. You could also face prosecution if you knowingly receive a package that contains illegal drugs or arrange for a package containing illegal drugs to be sent to you.

The penalty for the importation of drugs can be severe, ranging from 14 years to life imprisonment, an unlimited fine or both.

There are some factors that can help reduce your sentence if you are found guilty of drug offences, and our specialist team have all the expert knowledge to help your case. If you are accused of an offence linked to illegal drugs, you should contact the specialist drug solicitors at Sahota & Sahota before you are interviewed by police.