Supplying a controlled drug and offering to supply
Supplying a controlled drug and offering to supply

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Supplying a controlled drug and offering to supply
  • The offence of supplying controlled drugs
  • Aggravated supply
  • Elements of the supplying drugs offence
  • Meaning of ‘supply’
  • Meaning of ‘making an offer to supply’
  • Meaning of ‘being concerned’
  • Meaning of supply ‘to another’
  • Meaning of the term ‘controlled drug’
  • Defences to supplying controlled drugs
  • more

The offence of supplying controlled drugs

The section 4 of the Misuse of Drugs Act 1971 (MDA 1971) creates several supply offences.

Under MDA 1971, s 4(3) it is an offence to:

  1. supply a controlled drug to another (MDA 1971, s 4(3)(a))

  2. offer to supply a controlled drug to another (MDA 1971, s 4(3)(a))

  3. be concerned in the supply of a controlled drug to another (MDA 1971, s 4(3)(b)), and

  4. be concerned in the making of an offer to supply a controlled drug (MDA 1971, s 4(3)(c))

All offences are triable either way unless it is the accused’s third Class A drug trafficking offence (in which case it becomes indictable only and carries a minimum of seven years’ imprisonment), see below: Sentence for supplying controlled drugs.

All matters involving supplying should be committed to the Crown Court for trial although it may be appropriate for cases involving non-commercial supply (eg between friends) of a very small amount (eg one small wrap or tablet) to remain within the jurisdiction of a magistrates’ court.

Aggravated supply

Aggravated supply is not a separate offence. However if the offender is at least 18 years of age and either:

  1. the offence is committed on, or in the vicinity of, school premises, or

  2. the offender used a courier who was under the age of 18

Related documents: