Supplying / possession with intent to supply
Drug supply offences cover supplying or offering to supply a controlled drug, being concerned in supply by others, and possessing drugs intending to supply them. Supply includes sharing or giving drugs away for free. Class A supply carries up to life imprisonment.
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 | PWITS, Possession with intent to supply, Drug dealing, Being concerned in the supply of drugs, Section 4(3) supply |
|---|---|
| The law | Misuse of Drugs Act 1971, section 5 |
| Where it is tried | either way, but most cases, especially Class A, go to the Crown Court. It is indictable only where the defendant would face the 7-year minimum for a third Class A trafficking offence (Sentencing Act 2020, s.313). |
| Maximum penalty | Class A: life imprisonment. Class B: 14 years. Class C: 14 years. Each with or without an unlimited fine (Misuse of Drugs Act 1971, Schedule 4). In the magistrates' court the maximum for a single either-way offence is 12 months' imprisonment (Sentencing Act 2020, s.224). A third Class A trafficking offence by an adult carries a minimum of 7 years unless there are exceptional circumstances. |
| Sentencing guideline | Sentencing Council: Supplying or offering to supply a controlled drug / Possession of a controlled drug with intent to supply it to another |
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
- Supply (s.4(3)(a)): the defendant supplied a controlled drug to another person, with or without payment.
- Offer to supply (s.4(3)(b)): the defendant offered to supply a controlled drug, even if they had no drugs or the offer was not genuine.
- Being concerned (s.4(3)(c)): the defendant took part in supply by others, for example as a courier, runner or by running a deal line.
- Possession with intent to supply (s.5(3)): the defendant knowingly possessed a controlled drug and intended to supply it to someone else.
- The drug was a controlled drug and the defendant knew they had it or was involved; the s.28 knowledge defence may apply.
Defences and common issues
- No intention to supply: the drugs were for the defendant's own use, which may mean simple possession is the correct charge.
- Lack of knowledge under s.28 of the Misuse of Drugs Act 1971, for example not knowing a package contained drugs.
- Modern slavery defence (Modern Slavery Act 2015, s.45), where the defendant was compelled to commit the offence as a result of slavery or exploitation, or was under 18 and exploited.
- Duress, where the defendant acted because of threats of death or serious injury and had no reasonable way to escape them.
Frequently asked questions
Is sharing drugs with friends supply?
Yes, it can be. Supply does not require payment, so giving or sharing drugs with friends, or buying drugs for a group and handing them out, can be supply or possession with intent to supply. The Sentencing Council guideline recognises that supplying small amounts to friends for little or no profit, sometimes called social supply, is generally less serious than commercial dealing, but it remains an offence with the same maximum penalties.
How do police decide if drugs are for personal use or supply?
There is no fixed quantity. Police and prosecutors look at all the evidence, including the amount and purity of the drug, how it was packaged (for example many small deal bags), scales, cutting agents, large sums of cash, lists of names and amounts, and messages on phones. The defendant's account of personal use is also considered. The prosecution must prove an intention to supply, and if it cannot, a charge of simple possession may follow instead.
What does being concerned in the supply of drugs mean?
Being concerned in supply (Misuse of Drugs Act 1971, s.4(3)(c)) means playing a part in drug supply carried out by other people, even without handling the drugs yourself. Examples include acting as a lookout, driving a dealer, holding cash, running a deal line phone or recruiting others. The prosecution must show that supply by others actually happened or was taking place and that you knowingly took part in it.
What is the minimum sentence for a third Class A supply offence?
Under section 313 of the Sentencing Act 2020, an adult convicted of a third Class A drug trafficking offence, where they already have two qualifying convictions, must receive at least 7 years' imprisonment. For offences committed on or after 28 June 2022, the court can only impose less if there are exceptional circumstances, and a guilty plea can reduce the minimum by no more than 20 per cent. Because of this minimum, such a case can only be tried in the Crown Court.
What if I was forced to sell or carry drugs?
If you were compelled to commit the offence as a result of slavery or exploitation, or you were under 18 and exploited, you may have a defence under section 45 of the Modern Slavery Act 2015. Duress by threats of death or serious injury may also be a defence in limited circumstances. Many county lines cases involve exploited young people. Evidence of exploitation can affect charging decisions too, so it is important to tell your solicitor, and legal advice at the police station is free.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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