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Drugs offences.

Possession, possession with intent to supply, supply, production and cultivation under the Misuse of Drugs Act 1971, plus psychoactive substances and obstructing a drugs search.

9 offences · points to prove, mode of trial and maximum sentence

Quick reference

OffenceLegislationMode of trialMaximum penalty
Cultivating cannabisMisuse of Drugs Act 1971, s.6Either way14 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Obstructing a search under the Misuse of Drugs ActMisuse of Drugs Act 1971, s.23(4)Either way2 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Occupier or manager permitting drug activity on premisesMisuse of Drugs Act 1971, s.8Either way (indictable only where the minimum sentence for a third Class A trafficking offence could apply)On indictment: 14 years and/or a fine (all classes). Summarily: Class A and B 12 months and/or a fine; Class C 3 months and/or £2,500
Possessing a psychoactive substance in a custodial institutionPsychoactive Substances Act 2016, s.9Either way2 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Possession of a controlled drugMisuse of Drugs Act 1971, s.5(2)Either wayOn indictment: Class A 7 years, Class B 5 years, Class C 2 years (each and/or a fine). Summarily: Class A 12 months and/or a fine; Class B 3 months and/or £2,500; Class C 3 months and/or £1,000
Possession with intent to supply a controlled drugMisuse of Drugs Act 1971, s.5(3)Either way (indictable only where the minimum sentence for a third Class A trafficking offence could apply)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
Producing a controlled drugMisuse of Drugs Act 1971, s.4(2)Either way (indictable only where the minimum sentence for a third Class A trafficking offence could apply)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
Supplying or offering to supply a controlled drugMisuse of Drugs Act 1971, s.4(3)Either way (indictable only where the minimum sentence for a third Class A trafficking offence could apply)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
Supplying or offering to supply a psychoactive substancePsychoactive Substances Act 2016, s.5Either way7 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Tap an offence for the numbered points to prove, key definitions, defences and case law.

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