The sentencing guidelines for drug offences vary depending on how serious the charges are for each individual case.
For example, simple charges for ‘possession’ of controlled drugs typically carry more lenient penalties than charges for ‘possession with intent to supply’. But what is the difference between possession and supply and what factors result in the latter charge being brought forward?
Often, it is not always clear where the possession of drugs crosses the line into possession with intent to supply, so it is important to be aware of what both mean. Being charged with one offence over the other could mean the difference between a prison sentence and a caution.
Here, we discuss what it means to be charged with possession and possession with intent to supply, the respective sentencing guidelines for both offences and what steps prosecuting authorities will take to make a charging decision. Be sure to read on below to find out more.
What is possession?
Possession is the act of being caught by the police with drugs in your possession. This applies even if the drugs in question do not belong to you. If you are charged with possession, the penalty you receive will depend on the class and quantity of drug.
What is supply?
Supply is the act of passing or giving drugs to someone else. This can range from a simple exchange between friends at a party, or an organised drug ring involving millions of pounds worth of drugs.
With supply, there is no need for there to be any evidence of a ‘deal’.
What is possession with intent to supply?
While possessing drugs is illegal, having intent to supply them to other people is an even more serious drugs offence.
Possession with intent to supply is the criminal offence of holding controlled drugs to pass to another person. The transaction does not need to be for profit, which means you could be charged with intent to supply by simply giving drugs to a friend.
A conviction for possession for intent to supply needs to prove that, beyond all reasonable doubt that:
- You were in possession of drugs
- The drugs were controlled
- You intended to supply the drugs to someone else
What is ‘intent to supply’?
Intent is the key here. The prosecution does not need to prove that you physically gave a controlled drug to another person, or that a drug deal took place, only that there was a plan in place.
This means that the prosecution will rely on gathering evidence that points towards a plan being in place, such as:
- List of names and money owed
- Drugs paraphernalia (such as bags to package drugs)
- Emails/text messages
- CCTV footage
- Unexplained evidence of income
How does the CPS decide to charge someone with possession or possession with intent to supply?
When assessing evidence, the prosecution will carefully review what has been gathered and make a decision on whether to bring forward a possession charge, or a possession and intent to supply charge.
This will include reviewing various evidence such as:
- Possession of large quantities of drugs that indicate more than personal use
- Possession of ‘pure’ or ‘uncut’ drugs that may have been recently obtained from a manufacturer
- Possession of lots of different types of drugs
- Use of drug paraphernalia such as bags and cutting agents
- Evidence drugs have been prepared for sale
- Possession of large amounts of cash or evidence of an extravagant lifestyle
- Attempts to conceal or dispose of evidence
- Established evidence of community impact
What are the penalties for possession and possession with intent to supply?
Possession of a controlled drug
The potential penalties for simple possession charges are more lenient than for possession and intent to supply, but it is still important to note that they can have a significant impact on the life of anyone who is convicted.
As per Sentencing Council, the following penalties apply for possession of a controlled drug:
Class A drugs:
Maximum: 7 years’ custody
Offence range: Fine – 51 weeks’ custody
Class B drugs:
Maximum: 5 years’ custody
Offence range: Discharge – 26 weeks’ custody
Class C drugs:
Maximum: 2 years’ custody
Offence range: Discharge – Community order
There are a number of aggravating factors which could increase the severity of penalty someone receives for possession of drugs. These include:
- Previous convictions that relate to the current offence
- The offence was committee on bail
- Possession of drug
- Possession in presence of others such as child and/or non-users
- Possession of a drug in a school or licensed premises
- Failure to comply with court orders
On the other hand, there are various factors which could potentially reduce the seriousness of the charges being brought forward for possession:
- No previous convictions
- Remorse for the actions
- Drug is being used to help with a diagnosed medical condition (e.g. cannabis)
- Steps taken to address addiction or offending behaviour
- Isolated incident
- Age or lack of maturity
Possession with intent to supply
The following sentencing guidelines apply for possession with intent to supply:
Class A drugs:
Maximum: Life imprisonment
Offence range: High level community order – 16 years’ custody
Class B drugs:
Maximum: 14 years’ custody and/ or unlimited fine
Offence range: Band B fine – 10 years’ custody
Class C drugs:
Maximum: 14 years’ custody and/ or unlimited fine
Offence range: Band A – 8 years’ custody
When deciding on the relevant penalty, the court will take the offender’s ‘culpability’ and the ‘harm’ caused into consideration.
The culpability determines the offender’s perceived role in the offence. There are three levels of culpability, which are:
- Leading role
- Significant role
- Lesser role
If someone plays a leading role in a possession with intent to supply offence, they are deemed to have:
- Directed or organised buying or selling drugs on a commercial scale
- Substantial links to other people in a chain
- Close links with the original source of the drugs
- An expectation of substantial financial gain
- Used a business as cover for the activities
- Abused a position of trust or responsibility
If someone plays a significant role in a possession with intent to supply offence, they are deemed to have:
- Performed an operational or management function within a chain
- Involved others in the operation
- An expectation of significant financial gain or other advantage (save if this advantage is limited to meet an offender’s own habit)
- Some awareness and understanding of the scale of the operation
If someone plays a lesser role in a possession with intent to supply offence, they are deemed to have:
- Performed a limited function under the direction of others
- Engaged in the offence by pressure, coercion and/or control
- Been naïve to the offence, or was exploited
- Had no influence on anyone above in the chain
- Very little awareness, if any, of the scale of the operation
- Had very little expectation of any financial advantage
When assessing harm, the quantity of drugs is taken into consideration and is split into four categories.
Category 1 involves:
- Heroin, cocaine – 5kg
- Ecstasy – 7,000 tablets*
- MDMA – 5kg
- LSD – 250,000 squares
- Amphetamine – 20kg
- Cannabis – 200kg
- Ketamine – 5kg
- Synthetic cannabinoid receptor agonists (for example ‘spice’) – very large quantity indicative of an industrial scale operation
Category 2 involves:
- Heroin, cocaine – 1kg
- Ecstasy – 1,300 tablets*
- MDMA – 1kg
- LSD – 25,000 squares
- Amphetamine – 4kg
- Cannabis – 40kg
- Ketamine – 1kg
- Synthetic cannabinoid receptor agonists (for example ‘spice’) – large quantity indicative of a commercial operation
Category 3 involves:
- Selling directly to users
OR - Supply of drugs in a custodial institution
OR - Heroin, cocaine – 150g
- Ecstasy – 200 tablets*
- MDMA – 150g
- LSD – 2,500 squares
- Amphetamine – 750g
- Cannabis – 6kg
- Ketamine – 150g
- Synthetic cannabinoid receptor agonists (for example ‘spice’) – smaller quantity between categories 2 and 4
Category 4 involves:
- Heroin, cocaine – 5g
- Ecstasy – 13 tablets*
- MDMA – 5g
- LSD – 170 squares
- Amphetamine – 20g
- Cannabis – 100g
- Ketamine – 5g
- Synthetic cannabinoid receptor agonists (for example ‘spice’) – very small quantity
Where the offence is selling directly to users or supply in a custodial institution, the starting point is not based on quantity.
How can our drug solicitors help?
Conspiracy Solicitor is a trading style of Bird & Co Solicitors LLP, a firm that has been established in the East Midlands for over 30 years, working with clients across England and Wales.
Our criminal defence team is led by Christopher Milligan, who has over 200 years of combined experience, including extensive work on conspiracy to supply class A drugs cases.
We are accredited by the Law Society for Criminal Litigation, recognising our expertise in all areas of criminal prosecutions, including those related to possession of drugs and possession with intent to supply.
If you are accused of a conspiracy drug charge, our team can provide you with a straightforward approach that provides you with the strongest possible defence, while ensuring that you are clear about the details and process of your case at all times.
With our support, you can be sure that we will find the right strategy to secure the best possible result, no matter what your circumstances might be.
Contact our drug solicitors now
Facing a charge for possession or possession with intent to supply? Get in touch with our expert drug conspiracy defence lawyers now for advice or immediate representation.
To speak to our possession and intent to supply solicitors, use our simple contact form to request a call back or contact us on one of the following numbers:
- Call 0333 009 5968 – for standard enquiries during office hours
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