Drug Offence

Quick Overview

Drug Offences — Key Facts

Drug offences in England and Wales are primarily governed by the Misuse of Drugs Act 1971. They range from simple possession of a small quantity for personal use to large-scale commercial supply and importation conspiracies. The charge and sentence depend on the class of drug, the quantity, and the defendant's role.

  • Maximum Sentence for Supply: Life imprisonment for supply or production of a Class A drug. Up to 14 years for Class B or C supply or production.
  • Possession Alone: Up to 7 years for Class A possession; up to 5 years for Class B; up to 2 years for Class C.
  • Intent Can Be Inferred: You do not need to be caught in the act of selling. Quantity, packaging, weighing scales, and cash found alongside drugs can all be used as evidence of intent to supply.
  • Being Concerned in Supply: A person can be charged with being concerned in the supply of drugs even without handling them — for example by acting as a driver, lookout, or intermediary.
  • Role Determines Sentence: The difference between a leading and lesser role under the Sentencing Council guidelines can represent many years' difference in sentence.

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Drug Classifications and Maximum Sentences

Class A drugs — including heroin, cocaine, crack cocaine, MDMA, LSD, and methamphetamine — carry a maximum of seven years for possession and life imprisonment for supply or production. Class B drugs — including cannabis, amphetamine, ketamine, and synthetic cannabinoids — carry up to five years for possession and 14 years for supply or production. Class C drugs — including anabolic steroids, some benzodiazepines, and GHB/GBL — carry up to two years for possession and 14 years for supply or production.

ClassExamplesMax — PossessionMax — Supply
Class AHeroin, cocaine, MDMA, LSD7 yearsLife
Class BCannabis, amphetamine, ketamine5 years14 years
Class CAnabolic steroids, GHB/GBL2 years14 years

Possession with Intent to Supply

Possession with intent to supply (PWITS) carries the same maximum sentence as supply itself and is significantly more serious than simple possession. The prosecution does not need to prove that any supply actually took place — only that the defendant possessed the drug with the intention of supplying it to another person. Intent to supply can be inferred from the quantity of drugs found, the way in which they are packaged, the presence of weighing scales or cash, multiple mobile phones, and messages on a device indicating dealing activity. Even a relatively small quantity may attract a PWITS charge if the surrounding circumstances point to supply rather than personal use.

Being Concerned in Supply

The offence of being concerned in the supply of drugs extends liability to those who play a supporting role without necessarily being in physical possession of the drugs. Examples include driving a dealer to a location knowing they are supplying, passing on messages between suppliers and buyers, or acting as an intermediary. This offence is frequently charged in operations involving multiple individuals with distinct roles.

Sentencing

Sentences are determined by the Sentencing Council's Drug Offences Definitive Guideline. The court first assesses harm — by the quantity of drugs involved and the likely scale of the operation — and then considers culpability, categorised as a leading, significant, or lesser role. Personal mitigation, a guilty plea, and any exploitation or coercion are also relevant. The distinction between a leading and lesser role can make a very significant difference to the sentence imposed.

What to Do if You Are Arrested or Under Investigation

If you are arrested or under investigation for a drug offence, do not answer police questions without a solicitor present. Drug investigations frequently rely on inference, and what is said during interview can significantly affect whether and how you are charged. Early legal intervention — including representations to the CPS before a charging decision — can in some cases prevent a prosecution from being brought.

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Drug Offences FAQ

Can I be charged with intent to supply for a small quantity?
Yes. Even a relatively small quantity may attract a possession with intent to supply charge if the surrounding circumstances point to supply rather than personal use — for example, the presence of weighing scales, multiple phones, deal bags, or messages indicating dealing activity.
What does being concerned in supply mean?
It extends criminal liability to those who play a supporting role without being in physical possession of the drugs. Driving a dealer to a location knowing they are supplying, passing messages between supplier and buyer, or acting as an intermediary can all constitute being concerned in supply.
What is the difference between a leading and lesser role?
A leading role typically involves directing or organising the supply operation, exercising control over others, or having a management function. A lesser role includes those who were peripheral, acted under direction, were exploited or coerced, or had limited awareness of the wider operation. The difference can represent many years in sentencing terms.
Can I be charged for cannabis I was growing for personal use?
Yes. Cultivating cannabis is an offence under the Misuse of Drugs Act 1971 regardless of the intended use. However, the scale of the cultivation, the likely yield, and the defendant's role are all relevant to sentencing. A small number of plants for personal use is in a very different position to a large-scale commercial grow.
Serious Crime

Drug Offence

Facing this allegation is serious — and often unexpected. Early specialist advice makes all the difference to the outcome.

Quick Overview
Drug Offences — Key Facts

Drug offences in England and Wales are primarily governed by the Misuse of Drugs Act 1971. They range from simple possession of a small quantity for personal use to large-scale commercial supply and importation conspiracies. The charge and sentence depend on the class of drug, the quantity, and the defendant's role.

  • Maximum Sentence for SupplyLife imprisonment for supply or production of a Class A drug. Up to 14 years for Class B or C supply or production.
  • Possession AloneUp to 7 years for Class A possession; up to 5 years for Class B; up to 2 years for Class C.
  • Intent Can Be InferredYou do not need to be caught in the act of selling. Quantity, packaging, weighing scales, and cash found alongside drugs can all be used as evidence of intent to supply.
  • Being Concerned in SupplyA person can be charged with being concerned in the supply of drugs even without handling them — for example by acting as a driver, lookout, or intermediary.
  • Role Determines SentenceThe difference between a leading and lesser role under the Sentencing Council guidelines can represent many years' difference in sentence.
Full article below ↓

Drug Classifications and Maximum Sentences

Class A drugs — including heroin, cocaine, crack cocaine, MDMA, LSD, and methamphetamine — carry a maximum of seven years for possession and life imprisonment for supply or production. Class B drugs — including cannabis, amphetamine, ketamine, and synthetic cannabinoids — carry up to five years for possession and 14 years for supply or production. Class C drugs — including anabolic steroids, some benzodiazepines, and GHB/GBL — carry up to two years for possession and 14 years for supply or production.

ClassExamplesMax — PossessionMax — Supply
Class AHeroin, cocaine, MDMA, LSD7 yearsLife
Class BCannabis, amphetamine, ketamine5 years14 years
Class CAnabolic steroids, GHB/GBL2 years14 years

Possession with Intent to Supply

Possession with intent to supply (PWITS) carries the same maximum sentence as supply itself and is significantly more serious than simple possession. The prosecution does not need to prove that any supply actually took place — only that the defendant possessed the drug with the intention of supplying it to another person. Intent to supply can be inferred from the quantity of drugs found, the way in which they are packaged, the presence of weighing scales or cash, multiple mobile phones, and messages on a device indicating dealing activity. Even a relatively small quantity may attract a PWITS charge if the surrounding circumstances point to supply rather than personal use.

Being Concerned in Supply

The offence of being concerned in the supply of drugs extends liability to those who play a supporting role without necessarily being in physical possession of the drugs. Examples include driving a dealer to a location knowing they are supplying, passing on messages between suppliers and buyers, or acting as an intermediary. This offence is frequently charged in operations involving multiple individuals with distinct roles.

Sentencing

Sentences are determined by the Sentencing Council's Drug Offences Definitive Guideline. The court first assesses harm — by the quantity of drugs involved and the likely scale of the operation — and then considers culpability, categorised as a leading, significant, or lesser role. Personal mitigation, a guilty plea, and any exploitation or coercion are also relevant. The distinction between a leading and lesser role can make a very significant difference to the sentence imposed.

What to Do if You Are Arrested or Under Investigation

If you are arrested or under investigation for a drug offence, do not answer police questions without a solicitor present. Drug investigations frequently rely on inference, and what is said during interview can significantly affect whether and how you are charged. Early legal intervention — including representations to the CPS before a charging decision — can in some cases prevent a prosecution from being brought.

"Intent to supply can be inferred from quantity, packaging, weighing scales, and cash — you do not need to be caught selling. What is said in interview can significantly affect whether and how you are charged."

— Lostock Legal Solicitors
Arrested or under investigation for a drug offence?
Do not answer questions without a solicitor.

Drug investigations rely heavily on inference. What is said during interview can significantly affect whether and how you are charged. We attend the police station and represent you throughout.

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Common questions

Drug Offences FAQ

Yes. Even a relatively small quantity may attract a possession with intent to supply charge if the surrounding circumstances point to supply rather than personal use — for example, the presence of weighing scales, multiple phones, deal bags, or messages indicating dealing activity.

It extends criminal liability to those who play a supporting role without being in physical possession of the drugs. Driving a dealer to a location knowing they are supplying, passing messages between supplier and buyer, or acting as an intermediary can all constitute being concerned in supply.

A leading role typically involves directing or organising the supply operation, exercising control over others, or having a management function. A lesser role includes those who were peripheral, acted under direction, were exploited or coerced, or had limited awareness of the wider operation. The difference can represent many years in sentencing terms.

Yes. Cultivating cannabis is an offence under the Misuse of Drugs Act 1971 regardless of the intended use. However, the scale of the cultivation, the likely yield, and the defendant's role are all relevant to sentencing. A small number of plants for personal use is in a very different position to a large-scale commercial grow.