Drug Possession

What is Drug Possession?

Drug Possession is when a person has been caught with drugs, even if they don’t belong to them. The police have the power to stop, detain and search people on ‘reasonable suspicion’ that they are in possession of a controlled drug.

What are controlled drugs?

Controlled drugs are categorised into three classes based on their potential for harm from misuse. The classification of the drug influences the severity of the offence when a person is caught possessing, supplying, or producing it.

Class A Drugs

Considered the most harmful, Class A drugs include substances such as cocaine, ecstasy, heroin, LSD, magic mushrooms, and crystal methamphetamine.

Class B Drugs

This category includes drugs like codeine, ketamine, cannabis, and synthetic cannabinoids commonly known as “spice.”

Class C Drugs

Considered less harmful compared to Class A and Class B drugs, Class C substances include anabolic steroids, minor tranquilizers, gamma-hydroxybutyrate (GHB), and khat.

The penalties for drug-related offences vary depending on the class of the drug involved, with offences involving Class A drugs typically carrying the most severe penalties, followed by Class B and Class C drugs. It’s important for individuals to be aware of the legal implications associated with each class of controlled substance in order to understand the potential consequences of their actions.

What are the Sentencing Guidelines for Drug Possession?

In many cases of drug possession, custodial sentences are not always imposed, and the matter may be resolved through a caution or community resolution. However, if a prison sentence is deemed necessary, the severity of the sentence varies based on the class of the drug involved:

Offences involving Class A drugs can result in a maximum prison sentence of up to 7 years and/or a fine.
For offences involving Class B drugs can lead to a maximum prison sentence of up to 5 years and/or a fine.
Offences involving Class C drugs may result in a maximum prison sentence of up to 2 years and/or a fine.

It’s important to note that these penalties serve as general guidelines, and the actual sentence imposed can vary depending on factors such as the specific circumstances of the offence, the defendant’s criminal history, and the discretion of the court.

The possession of drugs sentencing guideline will depend on a number of different criteria:

if the possession was in a school, prison or licenced premises

evidence of “county lines” exploitation

the drugs purity

any previous or relevant convictions

has shown remorse and/or is of good character

was using cannabis to help with a medical condition

is taking steps to address their addiction

In practice, if you’re caught with a small quantity of any drug for personal use for the first time, you may receive an out-of-court disposal. This could take the form of a community resolution or a conditional caution. However, if you are caught in possession of Class A drugs first offence and you have previous convictions the charges of a custodial sentence increase. This highlights the importance of legal advice and understanding the potential consequences based on the specific circumstances of the case.

Stop & Search – Drug Possession

The most common reason for carrying out a stop and search was on suspicion of drug possession. So, it’s important that you know your rights.

The police do not have the right to stop you for no reason unless there are reasonable grounds AND it’s been authorised by a senior police officer. This can happen when a serious violent crime has happened.

Before you’re searched by an officer, they must tell you:

their name and police station
what they expect to find, for example drugs
the reason they want to search you, for example if it looks like you’re hiding something
why they are legally allowed to search you
that you can have a record of the search and if this isn’t possible at the time, how you can get a copy

They can take off your outer jacket, coat and gloves, anything else and they need to take you to the police station. They are also allowed to touch the outside of your clothing.

You can find out much more about Stop and Search here and if you’ve been the victim of an illegal stop and search, we have a dedicated team who can help.

What should you do if you’ve been charged for Drug Possession?

Seeking legal advice promptly is crucial if you or a family member are facing a drug-related charge. A skilled legal professional can provide guidance tailored to your specific situation and help navigate the complexities of the legal process. By sharing as much detail as possible about the facts of your case, you enable your legal representative to build a strong defence and advocate effectively on your behalf. This proactive approach increases the likelihood of achieving the best possible outcome for you or your family member.

Useful Information

Within this site

More info about Drug possession with intent to supply

Legal Aid or privately funding

Been asked to come in for interview

External

Liberty stop and search guidelines

Sentencing Guidelines for all drugs offences

Drug helpline website