The offence
Section 4 of the Misuse of Drugs Act 1971 prohibits supplying or offering to supply a controlled drug, and section 5(3) prohibits possession with intent to supply. Intent can be inferred from quantity, packaging, cash, scales, phone evidence and the surrounding circumstances. The maximum for Class A supply is life imprisonment.
Defences
- No intent to supply — the drugs were for personal use
- No knowledge of the drug's presence or nature
- Disputed identification or continuity of the evidence
- Unlawful search or seizure
Sentencing
Supply of Class A carries up to life imprisonment; Class B and C up to 14 years. The guidelines assess the offender’s role — from lesser to significant to leading — together with the quantity and category of harm.
Frequently asked questions
Possession is having a drug for personal use; supply (or possession with intent to supply) means giving or selling it to others. Supply carries far heavier sentences.
Yes. Giving drugs to a friend for free or at cost is still supply under the Act. The absence of profit is a mitigating factor, not a defence.
From surrounding circumstances — quantity, packaging, cash, scales, phone messages and movement. Each item can be challenged with the right evidence and argument.