If you have been arrested or charged with possession of drugs, you may be worried about the impact a conviction could have on your job, your reputation, and your future. The right legal advice can make all the difference.
Our specialist criminal defence solicitors defend clients accused of possessing controlled drugs every day, from a small amount for personal use to more serious allegations. Contact us now for clear, confidential advice.
Possession of a controlled drug is an offence under Section 5 of the Misuse of Drugs Act 1971. It is committed when a person unlawfully has a controlled drug in their possession, whether on their person, in their home, or in their vehicle.
Crucially, in law, "possession" does not simply mean physically holding an item. A person can be in possession of drugs if they have them in their control, even if another person is carrying them. Equally, if drugs are found somewhere like a shared house or car, the prosecution must prove that you knew about them and had control over them.
Because substance possession cases often turn on subtle points about knowledge and control, having a solicitor who understands the detail of this area of law is essential. Our solicitors for possession of drugs examine every part of the prosecution's case to find weaknesses that can lead to a charge being dropped or reduced.
The penalty you face for possession of drugs depends on the class of the drug involved. The Misuse of Drugs Act 1971 divides controlled drugs into three classes, each carrying a different maximum sentence.
| Drug Class | Examples | Maximum for Possession |
|---|---|---|
| Class A | Cocaine, heroin, ecstasy (MDMA), LSD, magic mushrooms, methadone | Up to 7 years imprisonment and an unlimited fine |
| Class B | Cannabis, amphetamines, ketamine, codeine | Up to 5 years imprisonment and an unlimited fine |
| Class C | Diazepam, anabolic steroids, GHB, some tranquillisers | Up to 2 years imprisonment and an unlimited fine |
These are maximum sentences, and in practice most first-time offenders charged with possession of a small amount for personal use receive far less severe outcomes, including community orders, fines, or cautions. Our solicitors work to achieve the most lenient disposal available in your case.
Every possession of drugs case is unique. Our solicitors take the time to understand the circumstances, then build a defence strategy tailored to you.
The prosecution must prove you knew the drugs were there. We argue that you were unaware of the drugs, particularly in shared houses, cars, or when items were left by someone else.
Possession requires control as well as knowledge. We test whether you genuinely had control over the drugs, or whether they belonged to and were controlled by another person.
If the police stop and search was unlawful or the correct procedure was not followed, the evidence may be excluded. We scrutinise every search to ensure your rights were respected.
Below we answer the questions our lawyers are asked most often about possession of drugs. If you have a specific concern, call us on 01582 380938 for free, confidential advice.
Possession alone means having a controlled drug for personal use. Possession with intent to supply, under Section 5(3) of the Misuse of Drugs Act 1971, is far more serious and carries a maximum sentence of life imprisonment. The distinction usually turns on quantity, packaging, scales, cash, and phone evidence. Our solicitors for possession of drugs often persuade the prosecution that drugs were for personal use, which dramatically reduces the sentence you face.
Not necessarily. For a first offence involving a small quantity for personal use, prison is uncommon. Many cases are resolved with a caution, a fine, a community order, or a conditional discharge. Prison becomes more likely with repeated offending, larger quantities, or aggravating factors such as possession near a school.
Yes, in many cases. Police may offer a simple or conditional caution for minor first-time possession offences, which avoids a conviction at court. A solicitor can make representations to the police about why a caution is appropriate in your case, which is one of the most valuable ways we can help.
Exercise your right to free legal advice and ask for a solicitor before answering any questions. Do not answer questions or sign anything without legal representation. Contact us immediately and we will attend the police station to protect your position from the very first interview.
Yes. Despite media discussion, cannabis remains a Class B controlled drug in the UK, and possession is a criminal offence. However, for a first offence involving a small amount, police will often deal with it by a warning or caution rather than prosecution.
In our years of defending clients accused of drug possession, we have learned that a calm, methodical approach delivers the best results. We are criminal defence lawyers who focus solely on defending people, and we treat every possession case with the seriousness it deserves, no matter how minor it may seem.
We handle drug possession cases as a core part of our practice, not an occasional add-on.
We attend police stations at any hour to advise you before and during interview, where decisions are often won or lost.
We fight for cautions, discharges, and acquittals, and we are honest with you about the likely outcome at every stage.
We explain the law and your options in plain English, so you always know exactly where you stand.
Request free legal advice immediately. Anything you say can be used against you.
Call 01582 380938 and we will arrange representation at the police station straight away.
Everything you tell us is confidential. Full disclosure lets us build the strongest defence.
Note any witnesses, prescriptions, or details that may support your account.
Straight answers to the questions we hear most often from clients facing possession of drugs charges.
Yes, a conviction for possession of drugs will appear on a standard or enhanced DBS check, although it may become spent after a period of time. A caution also appears on your record. This is one reason it is so important to seek legal advice early, as a caution or discharge can often be avoided.
Yes, it can. A conviction or caution may affect certain regulated professions, applications for travel or visas, and even employment. Our solicitors understand these wider consequences and work hard to secure an outcome that minimises long-term damage to your future.
Most straightforward possession cases are dealt with at the Magistrates' Court and can be resolved relatively quickly, sometimes in a single hearing. More complex cases, or those involving intent to supply, can take longer and may be sent to the Crown Court.
Yes. Although we are based in Luton, our solicitors represent clients in police stations and courts across England and Wales. We travel to wherever you need us, 24 hours a day, seven days a week.
Legal aid is always available free of charge for police station advice, regardless of your income. For court proceedings, legal aid may be available subject to a means and merits test, particularly in cases where there is a risk of imprisonment.
The sooner you speak to a specialist criminal defence solicitor, the stronger your position. Our team is available 24 hours a day, seven days a week, to provide urgent, confidential advice and representation.