Drug Related offences

There are a number of illegal activities related to drugs that are controlled under the Misuse of Drugs Act 1971. These offences are outlined below, with more information on each specific offence accessible through clicking on the relevant heading.

Possession of controlled drugs

It is unlawful to have a controlled drug in your possession unless you have authorisation in the form of a licence – for example, a prescription – or if you did not know the substance was a controlled drug.

Three elements constitute the offence of possession

* The substance is in the possession or under the control of the individual. The substance must be in an individual’s physical custody or under their control. The latter can include the substance being at the property of someone who is not present but has control over that property.
* The individual knows of the existence of the substance.
* The substance is a controlled drug. If a person has something which they believe to be a controlled drug and they have made a statement confirming they believed it to be a controlled drug, then it turns out not to be, they can still be prosecuted for the offence of attempting to possess it under the Criminal Attempts.The penalty for the attempt is the same as for the substantive offence of possession.

It is an offence for a person to have a controlled drug in their possession, whether lawfully or not, with the intent to supply it to another who has no legal right to possess it.Supply is the simple act of passing a controlled drug from one person to another. It does not matter if it was for profit or not. The issue of financial gain is only relevant for the purposes of sentencing.

Defence

* Production, or concerned in the production, of a controlled drug
* Supply, or concerned in the supply, of a controlled drug
* Possession of a controlled drug
* Possession with intent to supply
* Cultivation of cannabis

The importation or exportation of any controlled drug is prohibited unless it is done in accordance with the terms of a licence granted by the Secretary of State (Home Office) and in compliance with any conditions attached to the licence.