It is against the Misuse of Drugs Act 1971 for anyone to import, export, produce, cultivate, supply, or possess a controlled drug for an unlawful purpose. Even if the possession is lawful, it is an offence to have a controlled drug in his/her possession with intent to supply it. The more serious offences can lead to life imprisonment and unlimited fines from Crown Court judges. Magistrates can hand down a maximum of 6 months in prison and a £5000 fine.

Controlled drugs are specified in the Act. The list currently lists the following categories:

Class A:

• Cocaine
• Heroine
• LSD
• Morphine
• Opium

Class B:

• Amphetamines
• Codeine
• Dexedrine
• Methadrine
• Derivatives of Morphine and Preludin

Class C:

• Diazepam
• Mandrax
• Temazepam
• Testosterone
• Cannabis

A police constable has the power to enter premises of those suspected of producing or supplying controlled drugs and can also search anyone, or any vehicle belonging to someone suspected of contravening the Misuse of Drugs Act 1971. The constable can then seize anything found in the course of investigations.

Defence

In certain cases a lack of knowledge can be a defence. The defendant will have to prove that he neither knew of nor suspected nor had reason to suspect the existence of some fact alleged by the prosecution.

Possession with Intent to Supply

If a person is charged with possession with intent to supply, then the case can only be dealt with in the Crown Court, and if found guilty a prison sentence is very likely.

The length of sentence will depend on several factors, for example the quantity and strength of the drug and whether it was part of a large operation.

Possession with intent to supply class A drugs carries a maximum sentence of life imprisonment. Class B and C drug dealing convictions usually result in a much shorter prison sentence.

Factors which can reduce sentence include:

• Whether dealing has been done to fund a drug habit
• Whether there has been pressure from other dealers to deal for them
• Cooperation with the police
• An early guilty plea
• The age of the offender

At MTA we shall do all that we can to ensure you are found not guilty, and if a guilty plea is the only option, we shall endeavour to the best of our abilities to reduce the sentence to very minimum.