Drug offences: possession, intent to supply and supply
The Misuse of Drugs Act 1971 makes it an offence to possess a controlled drug (s.5(2)), possess it with intent to supply (s.5(3)) and supply, offer or be concerned in supplying it (s.4(3)). Maximum sentences depend on the class, up to life imprisonment for supplying Class A.
Classes
Controlled drugs are divided into Class A (for example cocaine, heroin, MDMA), Class B (for example cannabis, amphetamine, ketamine) and Class C (for example many benzodiazepines, anabolic steroids and nitrous oxide). Ketamine remains Class B following the Advisory Council on the Misuse of Drugs' January 2026 review.
Offences and maximum sentences
- Possession (s.5(2)): Class A 7 years; Class B 5 years; Class C 2 years.
- Possession with intent to supply (s.5(3)) and supplying, offering to supply or being concerned in supply (s.4(3)): Class A life; Class B 14 years; Class C 14 years.
- Production (s.4(2)) and cultivating cannabis (s.6) carry the same maximums as supply.
A person aged 18 or over who commits a third Class A trafficking offence, having two previous such convictions, must receive at least 7 years unless there are exceptional circumstances (Sentencing Act 2020 s.313). For offences committed before 28 June 2022 the test is whether that sentence would be unjust. A guilty plea can reduce the minimum by no more than 20%.
Possession
Possession means knowing control of the item. The prosecution must prove the defendant knew they had the item, but not necessarily what it was. Under s.28 the defendant has a defence if they did not know, suspect or have reason to suspect a key fact, such as that it was a controlled drug. In R v Lambert [2001] UKHL 37 the House of Lords indicated that the defendant only has to raise this with some evidence, after which the prosecution must disprove it. Section 5(4) also gives a defence for taking possession to destroy a drug or hand it to the authorities.
Intent to supply
Intent is usually inferred from evidence such as quantity, packaging into deals, scales, cash, multiple phones and messages. "Supply" can include passing drugs to friends, even without payment. Possession for personal use is not intent to supply, but the boundary is often contested.
Sentence
The Sentencing Council's drug offences guidelines turn on the defendant's role (leading, significant or lesser, important in county lines cases) and the quantity, which fixes the harm category.
In practice
Phone downloads, analysis of messages and expert evidence on whether quantities are consistent with personal use are central. Advice before interview is particularly important, as explanations for cash or phones are often tested later (see the no-comment interview guide).
Authorities: Misuse of Drugs Act 1971 ss.4, 5, 6, 28 and Sch.4; Sentencing Act 2020 ss.73, 313; Police, Crime, Sentencing and Courts Act 2022 s.124; R v Lambert [2001] UKHL 37; Sentencing Council, Drug offences definitive guideline; Advisory Council on the Misuse of Drugs, ketamine harms assessment (January 2026)