Drug offences

The Law. 

It is illegal to possess, supply, produce controlled drugs. It is also illegal to import or export drugs, or to allow your premises to be used for drug production. The principal offences relating to the misuse of controlled drugs are contained in the Misuse of Drugs Act 1971.
Furthermore, the Psychoactive Substances Act 2016 bans all psychoactive substances (“legal highs”). It makes it an offence to produce, supply, offer to supply, possess with intent to supply, import and export psychoactive substances, and to possess a psychoactive substance in prisons and other custodial institutions.
DIFFERENT TYPES OF DRUG OFFENCES
There are four main offences associated with illegal drugs:
Possession means being caught carrying drugs and you can be charged even if you did not know what you had on your possession was a controlled drug or if the drugs are yours or not.
The police have the power to stop, detain and search people on ‘reasonable suspicion’ that they are in possession of a controlled drug.
Supply includes dealing or sharing drugs. It does not require proof of payment or reward. The penalty for supplying drugs depends on the amount of drugs found.
If you are in possession of controlled drugs, and either there is evidence that you were intending to supply those drugs, or you have more drugs than is consistent with personal use, an offence of possession with intent to supply could be committed. This can be proved by direct evidence, for example by witness testimony or surveillance, possessing a quantity of drugs inconsistent with personal use, possessing uncut drugs, having in possession a variety of drugs, evidence the drug has been prepared for sale, for example it has been cut into small portions separately wrapped, and/or drug related equipment being found in the care/control of the suspect, for example weighing scales, cutting agents, bags or wraps.
Production is committed when a suspect has some identifiable participation in the process of producing an illegal drug, by making it, growing it or any other method.
If you are involved in the production of a controlled drug, can be linked to the production process, for example providing premises or equipment, and can be proved to have known a controlled drug was being produced, you can be charged with production of drugs.Growing cannabis plants amounts to “producing” cannabis, even if this is for your own personal use.
When these drugs are prepared and ready for onward distribution, you may also be charged with possession with intent to supply. This may depend on the quantity and location of the drugs as well as the steps taken to make it ready for onward supply.
Importation means the illegal importation or exportation of a controlled drug.

Class A drugs are treated as the most dangerous and include cocaine, ecstasy, heroin, LSD, magic mushrooms and crystal meth.
Class B drugs include codeine, ketamine, cannabis and ‘spice’.
Class C drugs include anabolic steroids, minor tranquilisers, GHB and khat.
Synthetic opioids are man-made drugs that mimic the effects of natural opioids like heroin. Some are used legally as prescriptions drugs, for example fentanyl. However, it is illegal to produce, supply or possess synthetic opioids without a prescription. Most synthetic opioids are treated as class A drugs.
Temporary class drugs are new drugs the government can ban for a year before it is decided how they should be classed. If the offence is supply or production, the temporary class drug will usually be treated like a class B drug. Simple possession of a temporary class drug is not an offence.
It is also an offence to supply or produce psychoactive substances like laughing gas. Possession of a psychoactive substance in a custodial institution such as a prison is also illegal.

We can help if you wish to plead not guilty to the offence if you did not commit the offence alleged. The main drug offence defences in law are:
• That you neither knew, suspected, nor had reason to suspect that you were in possession of the drug.
• That you neither believed, suspected, nor had reason to suspect that the substance in question was a controlled drug.
Our solicitors will be able to assess the prosecution evidence against you and advise whether you have a case to legally defend the allegation.

WHAT IS THE SENTENCE/PENALTY FOR DRUG OFFENCES?
Each case is different and dealt with according to its own circumstances. Our solicitors have been representing clients for over 20 years for drug related offences so will be able to advise you of your likely sentence. We will assess the prosecution evidence and take your full instructions on the matter to help us clearly advise you so that you are fully prepared and do not have the anxious wait for the unknown at court.
When deciding on a sentence, for possession, the sentence is determined by class of drug, along with any aggravating or mitigating circumstances.
If the offence is possession with intent to supply, supply, production or importation the court will assess the level of culpability of the offender and the harm caused.
Culpability is a measure of the offender’s role in the offence.
Harm is indicative of the type and quantity of the drug concerned.
Factors such as if the possession was in a school, prison or licenced premises, evidence of “county lines” exploitation, if the drugs were cut with harmful substances, if the drugs were of high purity and/or evidence of community impact will increase the severity of the sentence. But also, some factors such as if the offender is of good character, has shown remorse, has no previous or relevant convictions, are taking steps to address their addiction, has a serious medical condition, can decrease the severity of the sentence. Also, if the defendant pleads guilty, they will receive a reduced sentence.
Lucinda Dore Criminal Drug Offence Solicitors are highly experienced at mitigating a sentence for our clients – we will always strive to achieve the best outcome for you and our reputation proves our success at achieving this. We will advocate for you in court and robustly persuade the court to impose the most lenient sentence for you.