Possession of a controlled drug
s.5(2) Misuse of Drugs Act 1971 · Triable either way
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
- Step 1 – Determine the offence category based on the class of drug involved.
- Classify the drug as Class A, B, or C.
- Step 2 – Use the corresponding starting point for the sentence determination.
- For each class, apply the given ranges for fines or custody.
- Step 3 – Consider factors indicating any reductions for cooperation or remorse.
- Step 4 – Assess reduction for any guilty pleas.
- Step 5 – Ensure totality principle is applied for cumulative sentences.
- 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.ukSource: 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.