What Counts as Possession of Drugs UK
With the legalities of UK sometimes not being as simple as they seem, it is important to know the technical terms and stipulations that exist within certain charges. Possession of drugs is one such charge.
In this blog, we will discuss what counts as possession of drugs in the UK.
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The classification of drugs in the UK
The UK has strict laws regarding controlled substances, and many drugs are illegal. These include:
- Class A drugs: The most dangerous and harmful drugs, such as heroin, cocaine, ecstasy, and LSD. Possession or supply of Class A drugs carries the most severe penalties.
- Class B drugs: Drugs that are considered to be less harmful than Class A drugs, but still illegal. Examples include amphetamines, cannabis, and ketamine.
- Class C drugs: The least harmful category of controlled drugs, including benzodiazepines, anabolic steroids, and certain prescription drugs.
It’s important to note that the legality of drugs can change over time, and there may be specific exceptions or regulations in place for certain medical or research purposes. If you have concerns about the legality of a particular substance, it’s always best to consult with a legal professional or the relevant authorities.
What does ‘controlled substance’ mean?
A controlled substance is a drug or substance that is regulated by the government due to its potential for abuse or addiction. These substances are often classified into different categories based on their level of risk and potential harm.
What counts as possession of drugs in the UK?
Possession of drugs in the UK refers to having a controlled substance in your possession, either on your person, in your property, or in a vehicle under your control. This includes:
Physical possession:
Having the drugs directly on you or in your belongings.
Constructive possession:
Having control over the drugs, even if they are not physically on you. For example, if the drugs are in a bag or container that you own or have access to, you may be considered to be in possession of them.
Joint possession:
If you are sharing a property or vehicle with someone who has drugs, you may be considered to be in joint possession of the drugs, even if you are not aware of their presence.
It’s important to note that the specific penalties for possession of drugs depend on the type and quantity of the substance involved. Possession of Class A drugs carries the most severe penalties, while possession of Class C drugs generally results in less severe consequences.
It’s also important to be aware that the laws regarding drug possession can change over time, so it’s always best to consult with a legal professional for the most up-to-date information.
Can I be charged if I’m in possession drugs against my will?
Even if you are a victim of drug trafficking, you may still face charges. This is particularly true if there is evidence that you were knowingly involved in the trafficking activities or benefited from them.
Here are some scenarios where you might be charged:
- Knowing possession: If you were aware of the drugs and allowed them to be stored or transported in your property,you could be charged with possession.
- Benefiting from the trafficking: If you received financial benefits or other advantages from the drug trafficking activities, you could be charged with conspiracy or aiding and abetting.
- Failure to report: If you were aware of the drug trafficking and failed to report it to the authorities, you could be charged with obstruction of justice.
If you believe you are a victim of drug trafficking and are facing charges, it’s crucial to seek legal advice from a qualified solicitor. They can help you understand your rights and options, and represent you in court if necessary.
What is the definition of ‘possession with the intent to supply’?
Possession with intent to supply means having a controlled substance in your possession with the intention of selling, giving away, or otherwise distributing it to others. This offence is typically considered more serious than simple possession, as it involves a deliberate act to supply drugs to others.
To prove possession with intent to supply, the prosecution must demonstrate that:
- You were in possession of the controlled substance.
- You had knowledge of the nature of the substance.
- You intended to supply the substance to others, either for profit or otherwise.
Evidence of intent can include:
- The quantity of the substance.
- The presence of other drug-related paraphernalia, such as scales or packaging materials.
- Statements made by you or others indicating an intention to supply drugs.
If you are convicted of possession with intent to supply, you could face severe penalties, including imprisonment and a fine. It’s important to note that the specific penalties can vary depending on the type and quantity of the substance involved, as well as your criminal history.
Is possession with the intent to supply the same as conspiracy to supply?
Not exactly. Conspiracy to supply drugs is a criminal offence that involves two or more people agreeing to commit the crime of supplying drugs. It doesn’t require that the drugs actually be supplied; the agreement itself is sufficient to constitute the crime.
This differs from intent to supply, which would actually require a certain amount of narcotics as evidence of possession.
To prove conspiracy to supply drugs, the prosecution must demonstrate that:
- Two or more people entered into an agreement to supply drugs.
- Each person knew the nature of the agreement and intended to participate in it.
- At least one person took a step towards carrying out the agreement, such as purchasing drugs, finding a location to store them, or recruiting others to help with the distribution.
Conspiracy to supply drugs is a serious offence that carries significant penalties, including imprisonment and a fine. The specific penalties can vary depending on the type and quantity of drugs involved, as well as the role of each individual in the conspiracy.
Generally, conspiracy to supply drugs often leads to possession with intent to supply.
If you are ever accused of such crimes, it is paramount to contact a qualified solicitor immediately.
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Solicitors for drug related cases
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In this blog, we hope to have provided helpful information regarding the question ‘What counts as possession of drugs in the UK?’
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