Possession with intent to supply a controlled drug

s.5(3)Misuse of Drugs Act 1971

Having a controlled drug in your possession, lawfully or not, intending to supply it unlawfully to another person.

Possession with intent to supply a controlled drug · Misuse of Drugs Act 1971, s.5(3)Card 61 / 85

Points to prove

Possession – s.37(3): includes anything subject to the person’s control which is in the custody of another.
Controlled drug – s.2: any substance or product for the time being specified in Part I (Class A), Part II (Class B) or Part III (Class C) of Schedule 2, or in a temporary class drug order.
Supply – s.37(1): includes distributing. Supply means passing the drug to another to enable that person to use it for their own purposes (R v Maginnis 1987).
In contravention of s.4(1) – the intended supply must be one not authorised by regulations under s.7 or a temporary class drug order.

Lack of knowledge – s.28: the defendant must prove, on the balance of probabilities, that they neither knew nor suspected nor had reason to suspect a fact the prosecution must prove. Believing it was a different controlled drug is no defence (s.28(3)(a)).

“Whether lawfully or not”: a person who lawfully holds a drug (such as a pharmacist) commits this offence if they intend to supply it unlawfully.
Holding drugs for someone else and intending to give them back is possession with intent to supply (R v Maginnis 1987).
Intent is usually inferred from the evidence, such as quantity, packaging, cash or scales. No statutory quantity threshold is in force.
For an adult convicted of a third Class A trafficking offence, the court must impose at least 7 years unless there are exceptional circumstances (Sentencing Act 2020, s.313). This offence also applies to temporary class drugs, unlike simple possession.

Legislation: Misuse of Drugs Act 1971, s.5(3) (opens legislation.gov.uk in a new tab)
Mode of trial: Either way (indictable only where the minimum sentence for a third Class A trafficking offence could apply)
Maximum penalty: On indictment: Class A life, Class B and C 14 years (each and/or a fine). Summarily: Class A and B 12 months and/or a fine; Class C 3 months and/or £2,500