Criminal Law

Drug Offence Defence Solicitors

Drug offences range from simple possession to large-scale importation and supply, with sentences varying enormously by class, role, and quantity. ASA Solicitors defends individuals at every level of drug offending, from police station to Court of Appeal.

Drug classifications and offences

Controlled drugs are divided into Class A, B, and C under the Misuse of Drugs Act 1971, with maximum sentences reflecting the class. The principal offences are possession (s.5), possession with intent to supply (s.4(3)), and supply/production (s.4). Sentencing is guided by the Sentencing Council Drug Offences Guideline, which weighs class, role, and quantity.

The classification of the drug is the first determinant of seriousness: Class A drugs (heroin, cocaine, ecstasy, LSD) carry the most severe sentences; Class B (cannabis, amphetamines, ketamine) and Class C (some tranquilisers and anabolic steroids) progressively less. Within each class, the offender’s role and the quantity involved drive the sentence range.

Common drug offences

How we defend drug cases

Possession or intent to supply?

The line between possession and intent to supply is one of the most contested issues in drug cases. Possession means having the drug for personal use; intent to supply requires evidence that the drug was held for onward supply to others. That intent is most often inferred from surrounding circumstances — quantity, packaging, scales, cash, phone messages, and observed movement.

We test every inference. Where the evidence is consistent with personal use, we advance that defence; where the quantity is ambiguous, we challenge the prosecution’s interpretation; where phone evidence is relied on, we analyse the schedules in detail. The sentencing consequences of supply are far more serious than for possession, so the distinction is decisive.

Sentencing by role

For supply offences the guideline identifies three roles: leading (directing, organising, substantial financial gain), significant (management, expectation of substantial gain), and lesser (under direction, little or no gain, often coerced). Establishing a lesser role can dramatically reduce the sentence. We present the evidence that supports the correct role categorisation.

The quantity of the drug is also critical, with category ranges set by weight. We scrutinise the forensic quantification — weight, purity, and street value — and challenge over-stated valuations where they would inflate the category. Expert forensic evidence can move a case between sentencing brackets.

Exploitation, county lines and the Modern Slavery Act

Young and vulnerable people are often coerced into holding, moving, or selling drugs through county lines networks. Exploitation and coercion are recognised lesser-role factors, and the Modern Slavery Act 2015 provides a defence to offences committed as a direct consequence of trafficking.

We raise these issues where they arise, work with youth offending teams and support services, and ensure the court understands the true circumstances of the defendant’s involvement. For adult defendants too, debt bondage, threats, and dependency can transform the sentencing picture.

Frequently asked questions

Possession means having the drug for personal use. Intent to supply requires evidence the drug was held for onward supply to others — often inferred from quantity, packaging, scales, cash, and phone messages. The sentencing consequences are far more serious for supply. We challenge inferences of intent where the evidence supports personal use.

Class A supply sentences range from a community order for a lesser role at low quantity to 16 years or more for a leading role involving significant quantities. Importation can attract life imprisonment. The role category and quantity are decisive — we focus on placing you in the correct category.

Exploitation and coercion are recognised lesser-role factors. Young and vulnerable people are often coerced into holding or moving drugs. We raise the Modern Slavery Act defence where appropriate and ensure the court understands the true circumstances, working with youth offending and support services.

Possession of a Class B drug such as cannabis can result in a fine, a community order, or up to 5 years’ imprisonment on indictment. First-time possession often attracts a warning or caution, but repeat offences or possession with intent to supply carry far more serious consequences. We advise on whether a defence or mitigation is available.

The legality of any stop and search can be challenged. Most searches require reasonable suspicion, though certain powers allow searches without it. Where a search was unlawful, evidence obtained may be excluded. We scrutinise the basis for every stop and search and challenge unlawfully obtained evidence.

Possession requires knowledge of the drug’s presence and some control over it. If the drugs were not yours and you did not know they were there, the offence may not be made out — for example, where items were placed without your knowledge or in a shared space you did not control. We examine knowledge and control carefully in every case.

Second opinion

Not happy with your solicitor? Get a second opinion.

You have the right to change your solicitor at any stage of a criminal case. If you are unsure about the advice you have been given, or want a fresh perspective on a serious matter, our specialist criminal defence team offers an independent second opinion without charge.

Get help with Drug Offences

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