Drugs Possession

The Misuse of Drugs Act 1971, a UK statute, applies to Northern Ireland. It regulates drugs and designates which drugs are controlled. Drugs are classified in accordance with categories. It is generally unlawful to import, export, produce, supply, or possess a controlled drug. There are exceptions and provisions for licenses for certain persons, including, for example, pharmacists and doctors, etc.

It is an offence for a person to produce, supply, or offer to supply a controlled drug to another. It is an offence to produce a controlled drug or be concerned in its production.Production of drugs includes manufacture or cultivation. It may include stripping a cannabis plant.

Controlled drugs are classified as Class A, B, or C under the Misuse of Drugs Act. The legislation contains a detailed list of chemical and common names.

Possession of controlled drugs. It is an offence for a person to have a controlled drug in their possession. Possession requires proof that the drug is in the person’s custody or control. The defendant must know or suspect the drug’s existence. It must be a controlled drug.

Constructive possession will suffice. This means that the defendant need not have the drug in their immediate physical possession but has control over it. If, for example, drugs are in a locked compartment, they are under the control of the key holder. If the keys are passed to somebody who knows that they are—the latter becomes the possessor. If the keys are passed to an innocent party, they are not in possession.

It is a defence to a charge of possession of a controlled drug for a person to prove that knowing or suspecting it to be a controlled drug, they took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug, and as soon as possible after taking possession of it, they took all steps as were reasonably open to them to destroy the drug or deliver it into the custody of a person entitled to have custody of it or

It is a defence to a charge of possession of a controlled drug for a person to prove that  knowing or suspecting it to be a controlled drug, they took possession for the purpose of delivering it into the custody of a person lawfully entitled to take custody of it and that as soon as possible after taking possession, they took all steps as are reasonably open to deliver it into the custody of such a person.

Possession of controlled drugs is triable either way. Possession of a Class A drug is subject to six months’ imprisonment and a fine not exceeding the statutory maximum. It is subject to up to seven years’ imprisonment and an unlimited fine on indictment.

Class B drugs are subject to a maximum of three months’ imprisonment and/or a fine not exceeding level four in the standard scales on summary conviction. They are subject to imprisonment for a term not exceeding five years or a fine on indictment.

Class C drugs are subject to a fine of up to level three on the standard scale and/or three months’ imprisonment on summary conviction. They are subject to two years’ imprisonment and/or a fine on indictment.

The offence is subject to summary conviction for up to six months’ imprisonment and a fine not exceeding the statutory maximum in respect of Class A and B drugs, three months’ imprisonment and a fine not exceeding level  4 in the standard scale for Class C drugs. On indictment, the sentence may be up to life imprisonment and/or a fine for Class A drugs and up to 40 years and/or a fine for Class B and C drugs.

There is a specific provision in relation to opium. It is an offence to smoke or use prepared opium, , have in possession pipes or other utensils made or adapted for use in connection with smoking or preparing  of opium, which have been used by them or with their knowledge and permission and in connection with which they intend to use or permit others in that connection. The offence is subject to summary conviction only with imprisonment up to £5,000 or six months’ imprisonment.

Cannabis and its derivatives have been classified as Class B controlled drugs. Possession of Cannabis may be dealt with by way of a penalty notice. There is a three-stage escalation procedure.

It is an offence to cultivate any cannabis plant. It is necessary to show that the defendant was involved in some way in the cultivation, such as by heating, lighting, watering, etc.

There are defences under the Misuse of Drugs regulations for persons authorised by license to cultivate plants provided cultivation is undertaken in accordance with the terms and conditions of the licence. There is no defence of medical necessity to the offence of production, possession, or supply of cannabis. Certain persons may lawfully possess and supply a controlled drug or be licensed to do so.

The Misuse of Drugs regulations permit the unlawful use, possession, and control of certain types of drugs for medicinal research and other lawful reasons.It is a defence if a person proves that they neither believed nor suspected or had reason to suspect that the substance or product was a controlled drug or they believed that they were lawfully entitled to handle it.

A person may be authorised by a licence of the Secretary of State issued under regulations to produce, supply, offer for supply, and have in his possession a controlled drug. Provided the same is undertaken in accordance with the terms of the licence, the offence is not committed.

There are defences for persons having in their possession certain classes of drugs duly prescribed by a medical practitioner, registered nurse, or other authorised prescriber. They apply both to human medicine and veterinary medicine subject to conditions.

There are also certain exemptions for certain processes in certain circumstances, including a constable acting in the course of his duty, a customs and excise officer acting in the course of his duty, persons engaged in laboratory work for forensic examination, and certain persons lawfully entitled to transport drugs.