Possession of a controlled drug
Possession of a controlled drug means having a Class A, B or C drug in your custody or control without lawful authority, such as a prescription. The maximum depends on the class: 7 years for Class A, 5 years for Class B (including cannabis) and 2 years for Class C.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Drug possession, Possession of cannabis, Section 5(2) possession |
|---|---|
| The law | Misuse of Drugs Act 1971, section 5 |
| Where it is tried | either way. Most possession cases are dealt with in the magistrates' court, and many low-level cases are dealt with outside court altogether. |
| Maximum penalty | On indictment: Class A 7 years; Class B 5 years; Class C 2 years; each with or without an unlimited fine (Misuse of Drugs Act 1971, Schedule 4). In the magistrates' court the maximum for each class is 12 months' imprisonment (the general limit for a single either-way offence). |
| Sentencing guideline | Sentencing Council: Possession of a controlled drug |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The defendant had the substance in their possession, meaning physical custody or control, including items kept by someone else on their behalf.
- The defendant knew they had the item or container, even if they did not know exactly what it was.
- The substance was a controlled drug under the Misuse of Drugs Act 1971 (Class A, B or C).
- The possession was unlawful, meaning not authorised, for example by a prescription or licence.
Defences and common issues
- Lack of knowledge (s.28): the defendant did not know, suspect or have reason to suspect a fact the prosecution must prove, such as that the item was a controlled drug.
- Section 5(4): the defendant took the drug to prevent another person committing an offence, or to hand it to the police or another lawful authority, and acted to destroy it or hand it in as soon as possible.
- Lawful authority, such as a valid prescription for a medicine containing a controlled drug.
- No possession: the defendant did not know the drug was there or had no control over it, for example drugs found in a shared house or car.
Frequently asked questions
Is cannabis legal in England and Wales?
No. Cannabis is a Class B drug under the Misuse of Drugs Act 1971, so possessing it is an offence with a maximum of 5 years' imprisonment, and supplying or growing it carries up to 14 years. Since November 2018, specialist doctors can prescribe some cannabis-based medicinal products, but only in limited circumstances. CBD products sold legally in shops are different, although products containing controlled cannabinoids above permitted limits can still be illegal.
What happens if police find a small amount of cannabis on me?
It depends on the circumstances and local policy. For a small amount for personal use by an adult, police may give a cannabis warning (a recorded warning with the drug confiscated), a penalty notice for disorder, a community resolution, a caution, or refer you to a diversion scheme. None of these are guaranteed. Repeat offending, smoking in public or aggravating factors make a charge more likely. You have the right to free legal advice if you are arrested.
Is a cannabis warning a criminal record?
A cannabis warning is not a conviction and it is not a caution. It is recorded locally by the police, and the Sentencing Council says it should not be treated as an aggravating factor if you are sentenced for a later offence. It may affect how police deal with you if you are found with drugs again. Cautions are different: they are not convictions but they do form part of your criminal record.
Can I be charged if drugs were found in a shared house or car?
Only if the prosecution can prove you were in possession, which means you had custody or control of the drugs and knew they were there. Simply being in the same room, car or house is not enough on its own. Evidence such as the drugs being among your belongings, your fingerprints on packaging or messages on your phone may be used. If more than one person had control, they can each be in possession.
What is the maximum sentence for drug possession?
The maximum sentence for possession of a controlled drug depends on its class: 7 years for Class A drugs such as cocaine, heroin and MDMA; 5 years for Class B drugs such as cannabis and ketamine; and 2 years for Class C drugs such as some tranquillisers and nitrous oxide. Each can also carry an unlimited fine. Magistrates' powers are lower, and most possession sentences are fines or community orders under the Sentencing Council guideline.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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