Simple Possession for Serious Drugs Possession Including 1kg of Cannabis

David Kinloch & Co Solicitors successfully turned a serious drugs charge for possession including a Kilo of Cannabis Resin and large amounts of cash found in their home, into a Simple Possession charge under Section 5(2) of the Misuse of Drugs Act 1971.

In the United Kingdom, the Misuse of Drugs Act 1971 does not specify exact quantities that distinguish between personal possession and intent to supply controlled substances like Cannabis. Instead, law enforcement and the judicial system consider various factors to determine whether an individual is involved in personal use or commercial distribution.

Understanding Simple Possession of a Controlled Drug

A simple possession charge typically refers to the unlawful possession of a small amount of a controlled substance intended for personal use, as opposed to possession with intent to distribute or manufacture drugs. The severity of this charge depends on several factors, including the type and quantity of the drug, the jurisdiction where the offense occurred, and any prior criminal history.

Misuse of Drugs Act 1971 - specifically Section 5(2)

Under Section 5(2) of the Misuse of Drugs Act 1971, it is an offence for a person to have a controlled drug in their possession unless they have been lawfully prescribed it or are otherwise authorized to possess it.

Controlled Drugs

Controlled drugs are classified into Class A, B, and C (e.g., Class A includes heroin and cocaine; Class B includes cannabis; Class C includes diazepam). The penalty will depend on the classification of the drug.

Penalties

Class A Drugs - Maximum 7 years' imprisonment and/or an unlimited fine on indictment.

On summary conviction (less serious cases), maximum 6 months' imprisonment and/or a fine.

Class B Drugs

Maximum 5 years' imprisonment and/or an unlimited fine on indictment.

On summary conviction, maximum 6 months' imprisonment and/or a fine.

Class C Drugs

Maximum 2 years' imprisonment and/or an unlimited fine on indictment.

On summary conviction, maximum 3 months' imprisonment and/or a fine.

Client Was in Possession of Class B Drugs and Large Amounts of Cash

In some cases, for minor possession offences (especially involving cannabis), authorities may issue a Recorded Police Warning or divert the individual to support services, such as drug treatment programs, instead of prosecuting. Our Client could have been deemed to be a "commercial dealer".

The Outcome of the Case

What was Agreed

Despite the possession of large quantities of drugs, including 1Kilo of Cannabis Resin, and large amounts of cash, Kinloch Lawyers persuaded the Crown that a Simple Possession Charge under Section 5(2) was appropriate. Our Client was lucky, he could have been considered to be in possession with intent to distribute which would command a more serious sentence.