Possession with intent to supply a controlled drug

It is an offence for a person to have a controlled drug in their possession, whether lawfully or not, with intent to supply it to another in contravention of section 4(1) of the Misuse of Drugs Act 1971 (MDA 1971).

Elements of the offence of possession with intent to supply

The prosecution have to prove, to the criminal standard (see Practice Note: Burden and standard of proof in criminal proceedings) that:

1. •

   the defendant was in possession of drugs

2. •

   the drugs are controlled drugs, and

3. •

   the defendant intended to supply the drugs to another

Possession with intent to supply is triable in either the magistrates’ or Crown Court unless the offence is one where, if convicted, the defendant would face a sentence of at least seven years’ imprisonment under section 313 of the Sentencing Act 2020 (SA 2020) (see below), in which case it should be dealt with in the Crown Court. However, only in exceptional cases involving the smallest quantity of drugs, will magistrates retain