Drug offences are among the most serious criminal charges in the UK, carrying severe penalties ranging from fines to lengthy prison sentences. Understanding the difference between possession and intent to supply is crucial, as the distinction can significantly impact the severity of the charge and the legal consequences.
At Sahota & Sahota Solicitors, we specialise in defending individuals facing drug-related charges, working closely with leading drug experts to build robust defences and strong mitigation strategies.
Possession vs. Intent to Supply: What’s the Difference?
1. Possession of a Controlled Drug
Possession charges apply when a person is found with an illegal substance for personal use. The prosecution must prove:
- That the substance is illegal under the Misuse of Drugs Act 1971.
- That the accused knew they were in possession of the drug.
- That the drug was in their control, even if it was not found directly on them.
Penalties for Possession
The sentence depends on the class of drug:
- Class A – Cocaine, Heroin, MDMA (Ecstasy), LSD: Up to 7 years in prison, unlimited fine, or both
- Class B – Cannabis, Ketamine, Amphetamines: Up to 5 years in prison, unlimited fine, or both
- Class C – Anabolic steroids, some prescription drugs: Up to 2 years in prison, unlimited fine, or both
Mitigating factors such as personal use, no previous convictions, and cooperation with authorities can reduce sentences.
2. Possession with Intent to Supply (PWITS)
This charge is more serious than simple possession and applies when the prosecution believes that the drugs were intended for distribution rather than personal use. Intent to supply can be inferred from:
- Large quantities of drugs beyond what is typical for personal use.
- Packaging material and drug paraphernalia, such as bags, dealer lists or scales.
- Large sums of cash, suggesting drug transactions.
- Communications indicating sales, such as messages on mobile phones.
Penalties for Intent to Supply
Penalties for PWITS are significantly harsher:
- Class A: Life imprisonment, unlimited fine, or both
- Class B: Up to 14 years in prison, unlimited fine, or both
- Class C: Up to 14 years in prison, unlimited fine, or both.
The greater the quantity and level of involvement, the harsher the sentence.
Drug Offences You Can Face in Court
Apart from possession and intent to supply, other drug-related offences include:
1. Production or Cultivation – Growing or manufacturing drugs (e.g., cannabis farms).
2. Supply or Distribution – Selling or passing drugs to others, even for free.
3. Conspiracy to Supply – Being involved in a drug supply operation, even without direct possession.
4. Importation – Smuggling drugs into the UK, often leading to the most severe penalties.
5. Allowing or Permitting Premises to Be Used for Drug Offences – If a landlord or property owner permits drug production, packaging or distribution on their property.
How can Sahota & Sahota Specialist Drug Defence Solicitors Help?
At Sahota & Sahota Solicitors, we are experts in drug-related offences and provide a strategic, tailored defence for each client.
✅ Expert Legal Representation – We examine police evidence, challenge unlawful searches, and scrutinise procedures for any breaches of rights.
✅ Working with Drug Experts – We collaborate with forensic drug analysts and toxicologists who can assess drug purity, challenge prosecution claims, and provide expert testimony.
✅ Mitigation Strategies – If a conviction is unavoidable, we prepare strong mitigation arguments to secure the lowest possible sentence.
✅ Defence Against Unfair Charges – Many clients are wrongly charged with intent to supply based on the quantity of drugs alone. We challenge weak evidence and negotiate charge reductions.
Kally Sahota, Director at Sahota & Sahota Expert Drug Defence Solicitors, comments:
“Drug offences can have life changing consequences, but too often, we see individuals unfairly charged with intent to supply based on weak or circumstantial evidence. At Sahota & Sahota, we leave no stone unturned in defending our clients. From working with top forensic drug experts to challenging improper police procedures, our goal is to protect your rights and secure the best possible outcome.”
If you are facing a drug charge, acting quickly is crucial. Contact Sahota & Sahota Solicitors today for expert legal advice and representation.
