What is the offence of possession of a controlled drug?

s.5(2) Misuse of Drugs Act 1971 makes it an offence for a person to have a controlled drug in their possession in contravention of the general restriction in s.5(1).

Is there a single maximum sentence for drug possession?

No — the maximum depends on the drug's class. On conviction on indictment: Class A — 7 years; Class B — 5 years; Class C — 2 years (Schedule 4 to the Misuse of Drugs Act 1971). The classes themselves are defined in Schedule 2.

Is there a defence to possession of a controlled drug?

s.28 Misuse of Drugs Act 1971 provides a statutory defence where the accused proves they neither knew, suspected, nor had reason to suspect the fact alleged against them (for example, that what they possessed was a controlled drug), subject to the limits in s.28(3).

Possession of a Controlled Drug

The offence of possession of a controlled drug under s.5(2) Misuse of Drugs Act 1971 — the statutory elements and defences reproduced verbatim, mode of trial, the class-dependent maximum sentence, and the drugs search and arrest powers, for frontline officers.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

Reviewed by the BlueLineHub Editorial Team

Last reviewed: 27 August 2026 · Next review due: 27 February 2027

Reviewed by BlueLineHub Editorial

What is the maximum sentence for possession of a controlled drug under s.5(2) Misuse of Drugs Act 1971?

There is no single maximum — it depends on the class of the drug (Class A, B or C, defined in Schedule 2 to the Act). On conviction on indictment: Class A carries up to 7 years, Class B up to 5 years, and Class C up to 2 years (Schedule 4 to the Misuse of Drugs Act 1971).

Possession is triable either way. s.5 itself creates the offence but does not state the penalty — the maxima are set out in Schedule 4, and the class that fixes which maximum applies is defined in Schedule 2.

All offence cards

Possession of a controlled drug is an offence under s.5(2) Misuse of Drugs Act 1971, committed where a person has a controlled drug in their possession in contravention of the general restriction in s.5(1). The Act also provides statutory defences in s.28, reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.5(2) Misuse of Drugs Act 1971

Mode of trial

Triable either way.

Maximum sentence

Depends on the drug's class — on conviction on indictment: Class A — 7 years; Class B — 5 years; Class C — 2 years (Misuse of Drugs Act 1971, Schedule 4). Classes A/B/C are defined in Schedule 2.

Points to prove — statutory elements

Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.

s.5 — Restriction of possession of controlled drugs.s.5(1) restriction, s.5(2) the offence

(1) Subject to any regulations under section 7 of this Act for the time being in force, it shall not be lawful for a person to have a controlled drug in his possession.

(2) Subject to section 28 of this Act and to subsection (4) below, it is an offence for a person to have a controlled drug in his possession in contravention of subsection (1) above.

(2A) Subsections (1) and (2) do not apply in relation to a temporary class drug.

(3) Subject to section 28 of this Act, it is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of section 4(1) of this Act.

(4) In any proceedings for an offence under subsection (2) above in which it is proved that the accused had a controlled drug in his possession, it shall be a defence for him to prove—

(a) that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to destroy the drug or to deliver it into the custody of a person lawfully entitled to take custody of it; or

(b) that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of delivering it into the custody of a person lawfully entitled to take custody of it and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to deliver it into the custody of such a person.

(5) Subsection (4) above shall apply in the case of proceedings for an offence under section 19(1) of this Act consisting of an attempt to commit an offence under subsection (2) above as it applies in the case of proceedings for an offence under subsection (2), subject to the following modifications, that is to say—

(a) for the references to the accused having in his possession, and to his taking possession of, a controlled drug there shall be substituted respectively references to his attempting to get, and to his attempting to take, possession of such a drug; and

(b) in paragraphs (a) and (b) the words from “and that as soon as possible” onwards shall be omitted.

(6) Nothing in subsection (4) or (5) above shall prejudice any defence which it is open to a person charged with an offence under this section to raise apart from that subsection.

Read s.5 on legislation.gov.uk

s.28 — Proof of lack of knowledge etc. to be a defence in proceedings for certain offences.statutory defences

(1) This section applies to offences under any of the following provisions of this Act, that is to say section 4(2) and (3), section 5(2) and (3), section 6(2) and section 9.

(2) Subject to subsection (3) below, in any proceedings for an offence to which this section applies it shall be a defence for the accused to prove that he neither knew of nor suspected nor had reason to suspect the existence of some fact alleged by the prosecution which it is necessary for the prosecution to prove if he is to be convicted of the offence charged.

(3) Where in any proceedings for an offence to which this section applies it is necessary, if the accused is to be convicted of the offence charged, for the prosecution to prove that some substance or product involved in the alleged offence was the controlled drug which the prosecution alleges it to have been, and it is proved that the substance or product in question was that controlled drug, the accused—

(a) shall not be acquitted of the offence charged by reason only of proving that he neither knew nor suspected nor had reason to suspect that the substance or product in question was the particular controlled drug alleged; but

(b) shall be acquitted thereof—

(i) if he proves that he neither believed nor suspected nor had reason to suspect that the substance or product in question was a controlled drug; or

(ii) if he proves that he believed the substance or product in question to be a controlled drug, or a controlled drug of a description, such that, if it had in fact been that controlled drug or a controlled drug of that description, he would not at the material time have been committing any offence to which this section applies.

(4) Nothing in this section shall prejudice any defence which it is open to a person charged with an offence to which this section applies to raise apart from this section

Read s.28 on legislation.gov.uk

Powers of arrest & search

Drugs searchs.23

Misuse of Drugs Act 1971 s.23 allows a constable with reasonable grounds to suspect a person is in possession of a controlled drug to search and detain that person and search a vehicle, and to seize evidence. This is the drugs-specific search power, distinct from the general PACE 1984 s.1 stop-and-search power.

Arrest without warrants.24

A constable may arrest without warrant anyone whom they have reasonable grounds to suspect of possessing a controlled drug, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24).

Code of Practice: PACE Code G — arrest →

CPS charging guidance

Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.

Evidential and Charging Considerationsevidential & charging considerations

The offence of possession of a controlled drug is committed when a person is unlawfully in physical possession or in control of any substance or product specified in Parts I, II or III of Schedule 2 of the Act and had knowledge of possession of the item even if he did not know it was a controlled drug. This includes anything subject to his control, even if it was in the custody of another.

Section 37(3) of the Act provides that possession includes things subject to the defendant's control, which are in the custody of another. A person found in possession of one form of drug, believing it to be another form of drug should be charged with the substantive offence of possession of the actual drug. He should not be charged with attempted possession of the drug he believed it to be.

"Crack" cocaine is a Class A controlled drug, being a "preparation or other product containing a substance" which is a controlled drug (Schedule 2 part 1 paragraph 5 of the Act). It is cocaine for the purposes of the Act, see R v Russell (1992) 94 Cr. App. R 351.

The Court of Appeal ruled that the prohibition of possession of cannabis did not infringe a defendant's rights under Articles 8 and 9 of the European Convention on Human Rights (R v Taylor, TLR 15 November 2001).

Read on cps.gov.uk

Possession of a controlled drug (effective 1 April 2021)maximum penalties

Misuse of Drugs Act 1971, s5(2).

Triable either way

Class AMaximum: 7 years’ custodyOffence range: Fine – 51 weeks’ custody

Class BMaximum: 5 years’ custodyOffence range: Discharge – 26 weeks’ custody

Class CMaximum: 2 years’ custodyOffence range: Discharge – Medium community order

Read on cps.gov.uk

Possession of a controlled drug — Sentencing Council guideline

The maximum sentence turns on the class of drug involved (Schedule 2) and the penalty table for that class (Schedule 4) — s.5 itself is silent on penalty.
s.28 provides a statutory defence where the accused proves they neither knew, suspected, nor had reason to suspect the fact alleged (e.g. that the substance in their possession was the controlled drug in question).
Cannabis is a Class B drug (Schedule 2, Part II), so its possession maximum on indictment is 5 years (Schedule 4) — the class, not the drug's name, fixes the maximum.
Supply and possession with intent to supply (s.4 / s.5(3)) are separate, more serious offences and are not covered by this card.

Frequently asked

What is the offence of possession of a controlled drug?: s.5(2) Misuse of Drugs Act 1971 makes it an offence for a person to have a controlled drug in their possession in contravention of the general restriction in s.5(1).
Is there a single maximum sentence for drug possession?: No — the maximum depends on the drug's class. On conviction on indictment: Class A — 7 years; Class B — 5 years; Class C — 2 years (Schedule 4 to the Misuse of Drugs Act 1971). The classes themselves are defined in Schedule 2.
Is there a defence to possession of a controlled drug?: s.28 Misuse of Drugs Act 1971 provides a statutory defence where the accused proves they neither knew, suspected, nor had reason to suspect the fact alleged against them (for example, that what they possessed was a controlled drug), subject to the limits in s.28(3).