Drugs and psychoactive substances
Possession of a controlled drug
Misuse of Drugs Act 1971, s.5(2) (offence of possession; prohibition in s.5(1))
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way (all classes of simple possession)
- Maximum penalty
- 7 years' custody (Class A); 5 years (Class B); 2 years (Class C) — Misuse of Drugs Act 1971, Sch. 4
Actus reus
- Possession of a substance controlled under the Act.
- Possession = custody or control — need not be on person (e.g. in home, car).
Mens rea
- Knowledge of possession of some substance (not necessarily knowledge of exact drug or quantity in all circumstances).
- In vehicle/house cases, knowledge/control must be linked to the defendant — mere proximity may not suffice.
Verified case law
Warner v Metropolitan Police Commissioner[1969] 2 AC 256
Statutory possession in a vehicle can be strict as to contents in defined circumstances.
Defences
No knowledge of possession · Drugs belong to another / planted · Not in custody or control · Lawful prescription (specific substances)
Sentencing Council
Drug offences possession guideline effective 1 April 2021. Typical ranges: Class A fine to 51 weeks; Class B discharge to 26 weeks; Class C discharge to medium community order.
At the police station
Confirm drug class, weight, and whether PWITS charged. Text messages, scales, and multiple wraps point to supply. "Joint enterprise" / holding for friend needs careful instructions.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Related offences
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.