Supplying or offering to supply a controlled drug

s.4(3)Misuse of Drugs Act 1971

Unlawfully supplying or offering to supply a controlled drug to another, or being concerned in the supply or in an offer to supply.

Supplying or offering to supply a controlled drug · Misuse of Drugs Act 1971, s.4(3)Card 62 / 85

Points to prove

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).
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.
In contravention of s.4(1) – the supply or offer is 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)).

An offer to supply is complete once made. It does not matter that the substance later handed over was not a controlled drug (Haggard v Mason 1976).
“Concerned in” catches people further back in the chain, such as those who arrange deals or take orders, without handling the drug themselves.
Statutory aggravation (adult offenders): the court must treat it as aggravating if the supply was on or near school premises when in use by under-18s (or within an hour either side), or if the offender used a courier under 18 (Sentencing Act 2020, s.71).
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).

Legislation: Misuse of Drugs Act 1971, s.4(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