Drugs (Possession)

Question 1

What three elements are required to prove unlawful possession of drugs?

Answer 1

1) It must be a controlled drug - anything that is governed by Misuse of Drugs Act
2) It must be in the custody (on the person), or in the control (vehicles, property) of the person
3) They must have knowledge of the item (even if they don’t know that they are drugs)

Question 2

What is the maximum sentence for someone possessing Class A drugs?

Answer 2

7 years (although rarely happens as with a big quantity, they will look to charge with PWITS)

Question 3

What is the maximum sentence for someone possessing Class B drugs?

Answer 3

5 years

Question 4

What is the maximum sentence for someone possessing Class C drugs?

Answer 4

2 years

Question 5

Examples of Class A Drugs

Answer 5

Cocaine, ecstasy, heroin, LSD, magic mushrooms, crystal meth

Question 6

Examples of Class B Drugs

Answer 6

Codeine, ketamine, cannabis, ‘spice’

Question 7

Examples of Class C Drugs

Answer 7

Anabolic steroids, minor tranquillisers, GHB and khat

Question 8

Examples of statutory defences for possession of drugs

Answer 8

• s.5(4)a - where a person takes it from another person to prevent them from committing/ continuing to commit an offence (however, must destroy/ hand in ASAP)
• s.6(7) - lawful possession (police, forensics, postal workers, customs, delivery driver (must be in lawful execution of their duty at the time)
• s.28 - they did not know nor suspected to be in possession of the drugs