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Possession of a controlled drug

s.5(2) Misuse of Drugs Act 1971 · Triable either way

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Sentencing framework

Sentencing for possession of a controlled drug is structured based on the classification of the drug (Class A, B, or C), with specific statutory ranges and maximum sentences defined. The court identifies the category, determines a starting point and range, and considers applicable aggravators and mitigators before deciding on the appropriate sentence.

Maximum sentence

7 years’ custody (Class A); 5 years’ custody (Class B); 2 years’ custody (Class C)

Court

Triable either way

Starting point

Band C fine (Class A); Band B fine (Class B); Band A fine (Class C)

Offence range

Fine – 51 weeks’ custody (Class A); Discharge – 26 weeks’ custody (Class B); Discharge – Medium community order (Class C)

Aggravating factors

  • ·Previous convictions
  • ·Offence committed on bail
  • ·Possession of drug in prison
  • ·Presence of others, especially children and/or non-users
  • ·Possession of drug in a school or licensed premises
  • ·Large quantity
  • ·Failure to comply with current court orders
  • ·Offence committed on licence
  • ·Attempts to conceal or dispose of evidence, where not charged separately
  • ·Established evidence of community impact

Mitigating factors

  • ·No previous convictions or no relevant or recent convictions
  • ·Remorse
  • ·Positive character and/or exemplary conduct (regardless of previous convictions)
  • ·Small quantity
  • ·Offender is using cannabis to help with a diagnosed medical condition
  • ·Determination and/or demonstration of steps having been taken to address addiction or offending behaviour
  • ·Serious medical conditions requiring urgent, intensive or long-term treatment
  • ·Isolated incident
  • ·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
  • ·Mental disorder or learning disability
  • ·Sole or primary carer for dependent relatives
  • ·Pregnancy, childbirth and post-natal care
  • ·Difficult and/or deprived background or personal circumstances
  • ·Prospects of or in work, training or education

The sentencing process, step by step

  1. Step 1 – Determine the offence category based on the class of drug involved.
  2. Classify the drug as Class A, B, or C.
  3. Step 2 – Use the corresponding starting point for the sentence determination.
  4. For each class, apply the given ranges for fines or custody.
  5. Step 3 – Consider factors indicating any reductions for cooperation or remorse.
  6. Step 4 – Assess reduction for any guilty pleas.
  7. Step 5 – Ensure totality principle is applied for cumulative sentences.
  8. Step 6 – Consider any ancillary orders as applicable.

Guideline notes

  • Guideline users should be aware of the Equal Treatment Bench Book which covers important aspects of fair treatment and disparity of outcomes.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.