Possession with Intent to Supply

Section 5(3) of the Misuse of Drugs Act 1971 provides that 'it is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of section 4(1) of this Act.' This is distinct from simple possession under s.5(2), which does not require any intent to pass the drug to anyone else — a person can commit the s.5(3) offence even if they lawfully acquired the drug, provided the prosecution proves the necessary intent to supply.

The maximum penalty depends on the class of drug involved. For Class A drugs, GOV.UK guidance states the maximum penalty for supply and production is 'Up to life in prison, an unlimited fine or both', compared with a maximum of seven years for simple possession of a Class A drug. Evidence of intent to supply commonly includes the quantity of drugs found, how they are packaged, and the presence of items such as scales or large amounts of cash.