Drug offences

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Classification

Drugs that are subject to the provisions of the Misuse of Drugs Act 1971 (MDA 1971) and the Misuse of Drugs Regulations 2001 (MDR 2001), SI 2001/3998 are given certain classifications depending on each substance's potential effects on both the person taking it and society in general. The classifications are:

  1. •

    Class A—this includes cocaine, morphine, methylamphetamine (crystal meth) and fungus (of any kind) which contains psilocin (eg 'magic mushrooms')

  2. •

    Class B—this includes cannabis, codeine and ketamine

  3. •

    Class C—this includes diazapam and nitrous oxide

These are referred to as controlled drugs.

Possession of controlled drugs

It is a criminal offence to be in possession of a controlled drug under MDA 1971, s 5. The offence is triable either way.

To prove possession of a controlled drug, the prosecution must show that the defendant both had, and was aware that they had (or could have reasonably known they had), a controlled drug in their possession or control.

Practice Note: Possession of controlled drugs explains the elements of the offence of possession of a controlled drug under MDA

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