The offence
Section 5(2) of the Misuse of Drugs Act 1971 makes it an offence to have a controlled drug in your possession, unlawfully. The maximum sentence depends on the class: Class A up to seven years, Class B up to five years, and Class C up to two years on indictment.
Defences
- No knowledge of the drug's presence
- No control over the drug — for example, it belonged to another
- Lawful possession — for example, a valid prescription
- Unlawful search producing the evidence
Sentencing
Sentences depend on the class, quantity and the offender’s role. For minor, first-time possession, a conditional discharge, fine or a cannabis warning may be appropriate. The guidelines distinguish personal use from supply.
Frequently asked questions
Class A (e.g. heroin, cocaine, ecstasy), Class B (e.g. cannabis, ketamine, amphetamines) and Class C (e.g. some tranquillisers). The class affects the maximum sentence.
Possession can be ‘actual’ or ‘constructive’. If you genuinely did not know the drugs were there or had no control over them, that may be a defence.
Up to seven years for Class A, five for Class B, and two for Class C on indictment. Minor possession is usually dealt with far more leniently.