Drugs and psychoactive substances
Possession with intent to supply (controlled drug)
Misuse of Drugs Act 1971, s.5(3) (PWITS); supply/offer to supply under s.4(3)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way (indictable only if third drug-trafficking minimum sentence under Sentencing Code s.313 may apply)
- Maximum penalty
- Life (Class A); 14 years and/or unlimited fine (Class B/C)
Actus reus
- Possession of a controlled drug (as for simple possession) with intent to supply it to another; or supplying / offering to supply (s.4(3)).
Mens rea
- Knowledge of possession plus intent to supply to another (social supply still counts).
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
Simple possession only (no intent to supply) · No knowledge of possession · Holding exclusively for own use · Challenge quantity/role indicators
Sentencing Council
Supply/PWITS guideline effective 1 April 2021. Category by role (leading/significant/lesser) and harm (quantity/purity indicators). Statutory minimum sentencing provisions may apply.
At the police station
Messages, scales, deal lists, multiple bags, and cash are classic PWITS indicators. "Holding for a friend" is still supply intent — take precise instructions.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
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.