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UK Law Reference
All Topics

Drugs & Substance Regulation

Classification and control of drugs, drug offences, and regulation of psychoactive substances.

Criminal Law
England & Wales

Introduction

The Misuse of Drugs Act 1971 is the principal statute governing controlled drugs in England & Wales. It classifies drugs into Classes A, B, and C, with penalties varying by classification. The Psychoactive Substances Act 2016 created a blanket ban on the production and supply of psychoactive substances (formerly 'legal highs'). The Medicines Act 1968 regulates the manufacture and supply of medicines. Drug treatment and diversion programmes form part of the criminal justice response to drug misuse.

In Brief

Controlled drugs are classified under the Misuse of Drugs Act 1971 as Class A (heroin, cocaine, ecstasy — max 7 years' possession, life for supply), Class B (cannabis, amphetamines — max 5 years/14 years), and Class C (diazepam — max 2 years/14 years). The Psychoactive Substances Act 2016 bans the production and supply of any psychoactive substance not specifically exempted. Drug treatment and testing orders are available as alternatives to custody for drug-dependent offenders.

Core Principles

1

Classification — Class A (heroin, cocaine, ecstasy, LSD), Class B (cannabis, amphetamines, ketamine), Class C (benzodiazepines, anabolic steroids). Penalties reflect classification.

2

Possession — Offence to possess a controlled drug (s.5 MDA 1971). Penalties range from up to 5 years (Class C) to 7 years (Class A).

3

Possession with Intent to Supply — Aggravated offence under s.5(3). Maximum life imprisonment for Class A.

4

Supply and Production — Offence to supply or offer to supply (s.4). Production of a controlled drug is also an offence (s.4(2)).

5

Psychoactive Substances Act 2016 — Blanket ban on producing, supplying, or offering to supply any psychoactive substance (with exemptions for food, alcohol, tobacco, medicines, caffeine).

6

Drug Treatment and Testing Orders — Courts can impose DTTOs as community orders requiring offenders to undergo treatment.

7

Licensing — The Home Office issues licences for lawful possession and supply of controlled drugs for medical, scientific, and research purposes.

Key Statutes

Misuse of Drugs Act 1971

1971

Psychoactive Substances Act 2016

2016

Medicines Act 1968

1968

Leading Cases

R v Lambert

[2001] UKHL 37

R v Hughes

[2013] UKSC 56

Common Scenarios

Caught in possession of cannabis

Cannabis is Class B. Simple possession can result in up to 5 years' imprisonment. First offenders may receive a cannabis warning, fixed penalty notice, or caution.

Selling 'legal highs'

Psychoactive Substances Act 2016 makes it an offence to produce, supply, or offer to supply any psychoactive substance. Maximum 7 years' imprisonment for supply.

Related Careers

Barrister

£250,000–£2,000,000+

Crown Prosecutor (CPS)

£200,000+

Solicitor

£500,000–£2,000,000+

Frequently Asked Questions

What are the penalties for drug possession in the UK?

Penalties depend on the drug's classification under the Misuse of Drugs Act 1971. Class A (heroin, cocaine, ecstasy) — possession: up to 7 years; supply: up to life. Class B (cannabis, amphetamines) — possession: up to 5 years; supply: up to 14 years. Class C (diazepam, anabolic steroids) — possession: up to 2 years; supply: up to 14 years. In practice, first-time possession of small amounts of Class B may result in a warning or caution.

Is cannabis legal in the UK?

No — cannabis is a Class B controlled drug under the Misuse of Drugs Act 1971. Possession, production, and supply are criminal offences. However, CBD (cannabidiol) products with very low THC content are legal. The use of cannabis-based medicinal products (CBMPs) was legalised in 2018 for specialist prescription. Possession is frequently dealt with by a cannabis warning or caution for small amounts.

What is the difference between simple possession and possession with intent to supply?

Possession (s.5 Misuse of Drugs Act 1971) requires knowing possession of a controlled drug. Possession with intent to supply (s.5(3)) is charged where the prosecution can prove the drugs were intended for supply to others — indicated by quantity, packaging (dealer bags), scales, cash, or text messages. PWITS carries much higher maximum sentences (Class A: life imprisonment) and is more likely to result in immediate custody.

Important Deadlines

Drug Driving — statutory defence periodPolice can require a blood test within 18 hours of a road traffic stop for drug driving (Road Traffic Act 1988, s.5A)
Challenge drug-related asset forfeiture (POCA 2002)Apply to set aside forfeiture within 30 days (subject to the court's discretion)
Summary drug offence — prosecution time limit6 months from the date of the offence (Magistrates' Courts Act 1980, s.127)

Typical Costs

Typical Costs & Fees
Police station duty solicitor (drug arrest)Free (Legal Aid funded)
Fixed penalty notice for cannabis possession (first offence)£90 (cannabis warning is free; FPN for low-level possession)
Magistrates' court drug possession defence solicitorLegal aid if eligible; private £1,500–£5,000
Drug driving fixed penalty£200 fixed penalty; or unlimited fine on conviction plus minimum 1-year ban

Official Resources

GOV.UK — Drugs penalties and classification →FRANK — drugs advice and information →Release — drugs and criminal justice advice →

What To Do Next

Step-by-Step Guides

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Related Content

Related Legislation

1971
Misuse of Drugs Act 1971