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Possession of a controlled drug

s.5(2) Misuse of Drugs Act 1971 · Both

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Sentencing framework

The guideline for sentencing in cases of possession of a controlled drug is structured around the class of drug, with Class A, B, and C drugs having different maximum sentences and starting points. Aggravating factors such as previous convictions and possession of drugs in specific locations can increase the severity of the sentence, while mitigating factors like absence of prior convictions and health issues may lessen it.

Maximum sentence

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

Court

Both

Starting point

Band C fine (Category 1), Band B fine (Category 2), Band A fine (Category 3)

Offence range

Fine – 51 weeks’ custody (Class A), Discharge – 26 weeks’ custody (Class B), Discharge – Medium level 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
  • ·Established evidence of community impact

Mitigating factors

  • ·No previous convictions or no relevant or recent convictions
  • ·Remorse
  • ·Good character and/or exemplary conduct
  • ·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 where it affects the responsibility of the offender
  • ·Mental disorder or learning disability
  • ·Sole or primary carer for dependent relatives

The sentencing process, step by step

  1. Step 1 - Determining the offence category based on the class of drug involved.
  2. Step 2 - Starting point and category range based on the determined category.
  3. Step 3 - Consider any factors which indicate a reduction, such as assistance to the prosecution.
  4. Step 4 - Reduction for guilty pleas in accordance with the relevant guidelines.
  5. Step 5 - Totality principle regarding multiple offences.
  6. Step 6 - Consideration of ancillary orders.
  7. Step 7 - Provide reasons for the sentence.
  8. Step 8 - Credit for time spent on bail.

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.