What are the differences between intent to supply drugs and drug possession?

Being investigated or charged for drug-related offences can be an incredibly stressful situation to find yourself in. Not only is there a lot of stigma surrounding drug charges, but it’s also a very easy situation to find yourself in, and one that can quickly become very serious.

The two main offences that those found in possession of drugs can find themselves facing are possession and possession with intent to supply. They can result in sentences of very different levels of severity, and it’s important to be aware of how these two offences operate. 

While this article provides useful preliminary insights on the topic, if you personally find yourself involved in a drug investigation, or charged with drug-related offences, it is imperative that you seek legal counsel from a criminal defence solicitor as soon as reasonably possible. 

 

Possession with intent to supply 

The offence of possession with intent to supply is relatively self-descriptive – it refers to cases where someone has illegal drugs and intends to deal, sell or share them with others. 

The offence of possession with intent to supply is formally primarily defined by Section 4(1) of the Misuse of Drugs Act 1971. According to the act, someone is guilty of the offence if they have a controlled substance in their possession, and also intend to supply that substance to someone else. 

 

Possession

While not as serious as possession with intent to supply, it can also be an offence to simply be in possession of a controlled substance, as is outlined in Section 5 of the Misuse of Drugs Act 1971.

 

Possible defences

There are a couple of defences outlined in Section 28 of the Act that may be applicable, depending on the circumstances of the case, of course. 

One of these is a lack of knowledge. This can apply if the defendant can prove that they did not know or have reason to suspect that some part of the prosecution’s argument was true, such as the fact that they knew they were in possession of the drugs. 

Another is to argue that the defendant did not know or have reason to suspect that the substance in question is a controlled drug. This is the most common defence, and its success will hinge on the circumstances in which the drug was acquired, the nature of the packaging, and information gained through interviews under caution. 

 

Categorisation of drugs

When it comes to possession and possession with intent to supply cases, the severity of the offence is partially determined by the category of drug that is involved. 

Class A drugs – the most serious – include cocaine, MDMA, heroin, LSD, magic mushrooms, methadone and methamphetamine. 

Class B drugs include amphetamines, cannabis, codeine, GHB, ketamine, Ritalin, and synthetic cannabinoids. 

Class C drugs include anabolic steroids, diazepam, khat, laughing gas and BZP. 

There are also drugs that can be included under ‘temporary banning orders’ while the government reviews them and determines their long-term categorisation. 

 

Sentencing 

As the sentencing guidelines show, these two offences are quite different in terms of the severity of the legal repercussions that those found guilty might face. 

Sentencing for possession

Sentencing differs significantly depending on the drug class.

The maximum sentence for a class A drug is 7 years in prison, with an offence range of between a fine and 51 weeks in prison. 

The maximum sentence for a class B drug is 5 years in prison, with an offence range of between discharge and 26 weeks in prison.

The maximum sentence for a class C drug is 2 years in prison, with an offence range of between discharge and a community order.

For a first-time possession charge, it is unlikely that an offender will face a prison sentence, so long as they have appropriate legal counsel and deal with their defence effectively.

Sentencing for possession with intent to supply

Sentencing for possession with intent to supply can also vary significantly depending on the class of drug involved. 

The maximum sentence for class A drugs is life imprisonment, with an offence range of between a community order and 16 years in custody.

The maximum sentence for a class B drug is 14 years in prison and/or an unlimited fine, with an offence range of between a fine and 10 years in prison.

The maximum sentence for a class C drug is 14 years in prison and/or an unlimited fine, with an offence range of between a fine and 8 years in prison. 

In possession with intent to supply cases, even for a first time offender, there is a much higher chance of a custodial sentence being handed out. The outcome will depend on the particulars of the case, and how the defence is developed. 

 

Impacting factors on sentencing

While the class of drug has a big impact on sentencing, there are a number of other factors that will dramatically affect the severity of the sentence that is handed out to those found guilty. 

Factors that may increase the sentence in possession cases include possession of drugs around children, in schools or other licensed premises, attempts to conceal evidence, and previous convictions. 

Factors that can reduce seriousness include remorse, steps being taken to address the addiction or offending behaviour, and otherwise good character or exemplary conduct. 

In possession with intent to supply cases, playing a leading role in a larger criminal conspiracy, or possession of large quantities (multiple kgs of most drugs) can lead to a higher sentence.

On the other hand, playing a limited role in a larger operation, or being involved through coercion, can result in a more lenient approach to sentencing. 

Even if you don’t think that the case you are involved in is particularly serious, it is imperative that you seek legal advice at the earliest opportunity available to you. These kinds of offences can result in life-changing custodial sentences, and having time to work together with a competent legal team on your defence can have a significant positive impact on the way things turn out.