Drug offences

Drug offences

Classification

Drugs that are subject to the provisions of the Misuse of Drugs Act 1971 (MDA 1971) and the Misuse of Drugs Regulations 2001 (MDR 2001), SI 2001/3998 are given certain classifications depending on each substance's potential effects on both the person taking it and society in general. The classifications are:

•
Class A—this includes cocaine, morphine, methylamphetamine (crystal meth) and fungus (of any kind) which contains psilocin (eg 'magic mushrooms')
•
Class B—this includes cannabis, codeine and ketamine
•
Class C—this includes diazapam and nitrous oxide

These are referred to as controlled drugs.

Possession of controlled drugs

It is a criminal offence to be in possession of a controlled drug under MDA 1971, s 5. The offence is triable either way.

To prove possession of a controlled drug, the prosecution must show that the defendant both had, and was aware that they had (or could have reasonably known they had), a controlled drug in their possession or control.

Practice Note: Possession of controlled drugs explains the elements of the offence of possession of a controlled drug under MDA

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