Possession of Drugs Offences

Possession of drugs offence occurs when a person is found with a controlled substance without the proper legal authority, even if the drugs are not their own.

The penalties for possession vary depending on the class and quantity of the drug. It also depends on whether the individual is caught with drugs for personal use or with intent to supply.

If you're facing charges for possession of drugs, contact our drug offence solicitors in London at 0203 959 7755 for legal advice and representation.

Wherever you are, our team of specialist drug offence defence solicitors provides expert advice and legal representation across England and Wales.

Table of Contents

What is a possession of drugs offence?

Possession of drugs is an offence when someone is caught with a controlled substance, classified as Class A, B, or C drugs under The Misuse of Drugs Act 1971.

This can include drugs found on a person, in their belongings, or in a place they have access to, such as a car or home.

What is the meaning of drug offences?

In the UK, drug offences refer to criminal acts involving the possession, supply, production, trafficking, or importation of controlled substances.

What is the difference between possession and possession with intent to supply?

Possession is having drugs for personal use, while possession with intent to supply involves carrying drugs in a way that suggests you plan to sell or distribute them.

Possession of drugs with intent to supply carries severe penalties, including up to life imprisonment for Class A drugs.

What are the different classes of drugs in the UK?

In the UK, the Misuse of Drugs Act 1971 classifies drugs into Class A, B, and C and sets penalties for possession, supply, and production.

Class A drugs

Class A drugs include:

• cocaine
• crack cocaine
• ecstasy (MDMA)
• heroin
• LSD
• magic mushrooms
• methadone
• methamphetamine (crystal meth)

Class B drugs

Class B drugs include:

• amphetamines
• barbiturates
• cannabis
• codeine
• gamma hydroxybutyrate (GHB)
• gamma-butyrolactone (GBL)
• ketamine
• methylphenidate (Ritalin)
• synthetic cannabinoids
• synthetic cathinones (for example mephedrone, methoxetamine)

Class C drugs

Class C drugs include:

• anabolic steroids
• benzodiazepines (diazepam)
• khat
• nitrous oxide (laughing gas)
• piperazines (BZP)

What are the penalties for possession of drugs in the UK?

The penalties for drug possession depend on the drug classification (Class A, B, or C), the amount of drug found, and any previous convictions.

Penalties for drug possession in the UK depend on the drug class:

• Class A: Up to 7 years in prison, unlimited fine, or both.
• Class B: Up to 5 years in prison, unlimited fine, or both.
• Class C: Up to 2 years in prison, unlimited fine, or both.

Can I be charged if drugs were found in my home or car but weren’t mine?

Yes. If drugs are found in a place you control, such as your home or vehicle, you can be charged with constructive possession.

However, a criminal defence solicitor can help challenge the charges by proving that the drugs did not belong to you.

Will a drug possession conviction affect my future?

Yes, a conviction can impact:

• Employment opportunities: Many employers conduct background checks.
• Travel restrictions: Some countries, like the USA and Australia, may deny visas.
• Education & housing: Universities and landlords may reject applications.

A criminal defence solicitor can help you fight the charges or seek alternative resolutions to protect your future.

What are possible legal defences for drug possession charges?

Potential defence strategies for drug possession cases that your solicitor might use include:

• Lack of knowledge about the drugs.
• Duress (being forced to transport drugs).
• Drugs belonged to someone else.
• Unlawful search and seizure by law enforcement.
• Mistaken identity or lack of sufficient evidence.
• You had a valid prescription for the drug.

Every drug possession case is unique, and the best defence strategy depends on the specific circumstances.

What are the mitigating factors in a sentence?

Mitigating factors help reduce sentences by presenting evidence of lower culpability or exceptional circumstances.

In cases involving possession of drugs, courts consider the following:

• No prior convictions
• Coercion or intimidation leading to involvement
• Demonstrating remorse
• Being under 18 or lacking maturity
• Limited role in the offence

What to do if you are arrested for possession of drugs?

If you are charged with possession of drugs, taking the right steps early on can significantly impact the outcome of your case.

Here’s what you should do:

• Remain calm and exercise your right to remain silent.
• If you are at a police station, request a duty solicitor or a lawyer before answering any questions.
• Contact our specialist criminal defence solicitor at 0203 959 7755 for immediate legal representation.
• Discuss your case with a solicitor to understand the charges against you.
• If you were coerced, threatened, or exploited, tell your solicitor immediately.
• Gather evidence to support your defence, including phone records, witness statements, social media messages, and medical or social care reports (if exploitation is a factor).
• If you are released on bail, do not communicate with anyone involved in the case.
• Breaching bail conditions can result in re-arrest and a more serious outcome.
• Attend all court hearings and follow your solicitor’s advice carefully.
• Missing a court date can result in a warrant for your arrest.

If your case goes to the Magistrates’ Court or Crown Court, our solicitor will help you build a defence strategy.

If you're facing charges for possession of drugs, contact our specialist drug offence solicitors in London at 0203 959 7755 for urgent help.

How can a solicitor help with a drug possession case?

If you're arrested for the possession of drugs, our expert drug offence solicitors in London can help.

Our criminal defence solicitors will:

• Assess your case and provide expert legal advice.
• Build a strong defence strategy.
• Assess the evidence and identify weaknesses in the prosecution’s case.
• Challenge any weak evidence.
• Highlight factors that might reduce your sentence.
• Negotiate plea deals or reduced sentences.
• Represent you in court and protect your rights.
• Advise whether to plead guilty or not guilty based on the evidence.

Our criminal defence solicitors look for weaknesses in the prosecution’s case. This can help to reduce charges, negotiate plea deals, or have the case dismissed entirely.

Getting legal advice early can greatly improve your chances. Contact us today at 0203 959 7755 for expert help with your case.

Why choose our drug offences solicitors in London?

If you are looking for solicitors specialising in drug offences in London, then look no further than Moeen & Co. Solicitors.

Here are several reasons why you choose our specialised drug offence solicitors in London:

• Proven Track Record
• Specialist Expertise
• Client-Centred Approach
• Protection of Your Legal Rights
• 24/7 Availability
• Reduced Penalties Potential

Proven Track Record

Our criminal defence solicitors have successfully defended clients against various drug offences, from minor criminal charges to large-scale conspiracy cases.

Don't take our word for it. Read our 5-star reviews on Google and ReviewSolicitors. We are proud of the work we do.

Specialist Expertise

We know in-depth about the Misuse of Drugs Act 1971 and other relevant legislation. It allows us to provide informed and effective legal representation.

Client-Centred Approach

We tailor our services to meet your unique needs. Our solicitors are approachable, compassionate, and dedicated to securing the best outcome for you.

Protection of Your Legal Rights

Our drug offence solicitors work to protect the legal rights of our clients throughout the legal process.

We ensure that proper legal procedures are followed and challenge any violations of our client's rights.

24/7 Availability

Drug offence allegations can happen at any time. That's why we're available 24/7. You can get expert legal advice whenever you need it.

Reduced Penalties Potential

With effective legal representation, there may be a better chance of securing reduced penalties, fines, or alternative sentencing options compared to representing oneself or relying on a less specialised lawyer.

No matter where you are, our team of specialist drug offence solicitors based in Hayes, London offers 24/7 legal advice and representation throughout the UK.

If you're facing drug-related charges, contact our drug offence solicitors at 0203 959 7755. For urgent help, call our 24-hour emergency helpline 07853 017746.

Contact defence solicitors for possession of drugs

If you are facing drug possession charges, contact our criminal defence solicitors in Hayes, London at 0203 959 7755 for legal advice and representation.