Possession

About Possession

Possession of a controlled drug is an offence under Section 5 of the Misuse of Drugs Act 1971. The offence is committed where a person has a controlled drug in their possession, whether it is on their person, in their vehicle, at their home, or in any other place over which they have control. The prosecution must prove that the defendant knew they had the item in their possession and that the item was a controlled drug — though they do not need to prove the defendant knew the precise identity or classification of the drug.

The maximum sentence depends entirely on the classification of the drug. For Class A drugs (cocaine, heroin, ecstasy, LSD), the maximum is seven years' imprisonment and an unlimited fine. For Class B drugs (cannabis, amphetamines, ketamine), the maximum is five years and an unlimited fine. For Class C drugs (anabolic steroids, some prescription medications), the maximum is two years and an unlimited fine. In practice, sentences for simple possession are usually far below these maximums, particularly for first offences and small quantities.

For cannabis possession in small quantities, the police have discretion to issue a cannabis warning or a penalty notice for disorder rather than pursuing a prosecution. For Class A drugs, a caution or prosecution is more likely even for small amounts. The sentencing guidelines for possession distinguish between cases where the drugs were clearly for personal use and cases where the quantity or circumstances suggest a wider involvement in drug activity.

The most common defences to possession charges include challenging whether the defendant knew the substance was present, whether they knew it was a controlled drug, and whether they had a lawful reason for possessing it (for example, a prescription). In some cases, the legality of the search that led to the discovery of the drugs can be challenged. If the police did not have lawful grounds for a stop and search, any evidence obtained may be subject to exclusion arguments.

Why Early Representation Matters

The circumstances of how the drugs came to be found are often the starting point for the defence. If you were stopped and searched, we examine whether the police had reasonable grounds for the search under Section 1 of the Police and Criminal Evidence Act 1984. If the search was unlawful, we can argue for the exclusion of the evidence under Section 78 of PACE. Even where the search was lawful, there may be issues with how the drugs were handled, tested, and attributed to you.

We also assess whether the quantity and circumstances genuinely support a simple possession charge, or whether the police and CPS are overcharging. Conversely, if you are charged with possession when the evidence points to personal use and there is a realistic prospect of a caution or out-of-court disposal, we will pursue that route to avoid a criminal conviction wherever possible.