Misuse of Drugs Act 1971 and Possession with Intent to Supply (PWITS) –
Questions and Answers
Misuse of Drugs Act 1971 – Overview
What is the purpose of the Misuse of Drugs Act 1971?
The Misuse of Drugs Act 1971 is a UK law designed to control and regulate the possession, supply, and production of harmful drugs. It categorises drugs by their risk level, sets penalties for drug-related offences, and aims to reduce drug misuse and its social impact.
How are drugs classified under the Act, and what does each classification mean?
Drugs are divided into three classes according to the harm they pose:
Class A includes the most harmful drugs, such as heroin, cocaine, MDMA (ecstasy), LSD, and methamphetamine. These carry the heaviest penalties.
Class B covers moderately harmful drugs, such as cannabis, ketamine, and amphetamines.
Class C includes drugs with a lower risk profile, such as benzodiazepines, anabolic steroids, and certain painkillers.
What are the penalties for drug possession?
Penalties depend on the class:
Class A: Up to seven years in prison, a fine, or both.
Class B: Up to five years in prison, a fine, or both.
Class C: Up to two years in prison, a fine, or both.
The severity of penalties can also depend on factors such as intent, criminal history, and the specific drug involved.
What are the penalties for trafficking or supplying drugs?
Penalties are higher for trafficking or supply offences:
Class A: Up to life imprisonment, an unlimited fine, or both.
Class B: Up to 14 years in prison, a fine, or both.
Class C: Up to 14 years in prison, a fine, or both.
This includes possession with intent to supply, regardless of actual sale or distribution, and attempts to manufacture drugs.
How does the Act address drug-related property and asset seizure?
Under the Proceeds of Crime Act, authorities can confiscate assets acquired through drug-related offences, allowing them to seize and recover items linked to drug trafficking, even if they are not in direct possession of the individual.
Are there exceptions for medical or scientific use?
Yes. Some controlled substances can be legally prescribed or used for research with Home Office authorisation. Approved drugs like medical cannabis and morphine are regulated for medical purposes.
What about possession of drug paraphernalia or precursor chemicals?
The Act prohibits possessing equipment or chemicals with the intent to produce controlled substances. Offences related to drug production equipment and precursor chemicals may carry similar penalties to trafficking offences.
Are there any aggravating factors that increase penalties?
Yes, certain factors can result in more severe penalties. These include offences near schools, involving minors, or occurring in sensitive community areas. Repeat offences or involvement in organised drug rings can also lead to harsher sentencing.
Possession with Intent to Supply (PWITS) – Details
What does “Possession with Intent to Supply” (PWITS) mean?
PWITS is an offence where a person possesses drugs not for personal use but with the intention to sell or distribute them. This can include actions like direct selling, sharing, or holding drugs on behalf of someone else.
What factors indicate intent to supply?
Key indicators include:
The quantity of drugs, typically more than what is considered personal use.
Packaging, where drugs are divided into smaller portions or multiple bags.
Presence of related items like scales, cash, or a debt list.
Communication records such as text messages or emails related to drug transactions.
How does drug classification affect PWITS cases?
Drug categories influence the severity of sentencing, based on risk and harm:
Class A includes the most harmful drugs, such as heroin and cocaine.
Class B covers moderately harmful drugs, like cannabis.
Class C includes lower-risk drugs, such as benzodiazepines.
What are the penalties for PWITS?
Penalties vary depending on the class:
Class A: Up to life imprisonment or an unlimited fine.
Class B: Up to 14 years in prison or a fine.
Class C: Up to 14 years in prison or a fine.
Aggravating factors, such as proximity to schools, may increase the severity of sentences.
What defences are available against PWITS charges?
Defences may include:
Lack of intent, where the individual argues the drugs were for personal use only.
Unlawful search, challenging evidence obtained without a proper warrant.
Lack of knowledge, where the person proves they were unaware of the drugs (such as drugs left by another person).
A criminal defence lawyer can assess the specifics of the case to develop an effective defence strategy.
What should I do if I’m charged with PWITS?
It is important to seek immediate legal advice. A lawyer can guide you through the process, assess the evidence, and work to protect your rights.