Possession of a controlled drug
Possessing a controlled drug is an offence under section 5(2) of the Misuse of Drugs Act 1971, which applies in Scotland. Drugs are Class A, B or C. In Scotland, police can deal with some personal-use possession by a Recorded Police Warning instead of reporting it to the Procurator Fiscal.
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, Simple possession, Possession of drugs for personal use |
|---|---|
| The law | Misuse of Drugs Act 1971, section 5(2) |
| Where it is tried | small personal-use cases may be dealt with by a Recorded Police Warning or an alternative to prosecution offered by the Procurator Fiscal. Otherwise cases are usually prosecuted under summary procedure in the sheriff court, with more serious cases under solemn procedure before a sheriff and jury. |
| Maximum penalty | On indictment: Class A up to 7 years' imprisonment and/or an unlimited fine; Class B up to 5 years; Class C up to 2 years. Under summary procedure: up to 12 months' imprisonment (the lower summary terms in Schedule 4 are read as 12 months in Scotland by section 45 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007) and/or a fine of up to £10,000 for Class A, £2,500 for Class B or £1,000 for Class C. |
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 substance was a controlled drug under the Misuse of Drugs Act 1971, usually proved by forensic analysis.
- The accused had it in their possession, meaning under their control, which can include drugs in a bag, car or home.
- The accused knew they had the item or container holding the drug.
- The possession was not authorised, for example by a prescription or a Home Office licence.
Defences and common issues
- Lack of knowledge (section 28): the accused neither knew, suspected nor had reason to suspect that the item was a controlled drug.
- No possession: the drugs belonged to someone else and the accused did not have knowledge and control of them.
- Lawful possession: the drug was taken to prevent another person committing an offence and was promptly destroyed or handed to police (section 5(4)), or was held under a prescription.
- Challenges to the legality of the search, the forensic analysis or the sufficiency (including corroboration) of the evidence.
Frequently asked questions
Is cannabis possession legal or decriminalised in Scotland?
No. Cannabis is a Class B drug and possessing it remains a criminal offence in Scotland under the Misuse of Drugs Act 1971. Police can deal with some personal-use possession of any class of drug by a Recorded Police Warning instead of reporting it for prosecution, but the Lord Advocate has made clear that this is not decriminalisation. Officers can still report a case to the Procurator Fiscal. Cannabis-based medicine prescribed by a specialist doctor can be possessed lawfully in line with the prescription.
What is a Recorded Police Warning for drugs?
A Recorded Police Warning is a formal warning given by a police officer instead of reporting the case to the Procurator Fiscal. Under the Lord Advocate's guidelines it can be used for adults aged 18 or over found in possession of a controlled drug where the circumstances clearly indicate personal use. Since a Lord Advocate's statement in September 2021, this can apply to any class of drug. Offering or accepting a warning is never compulsory, and it is not a conviction. It does not apply to supplying drugs.
Can I be prosecuted for drugs at the Thistle safer drug consumption facility in Glasgow?
The Thistle opened in Glasgow in January 2025 as a three-year pilot where people can use drugs under supervision. In September 2023 the Lord Advocate stated that it would not be in the public interest to prosecute drug users for simple possession offences committed within the pilot facility. This is a prosecution policy, not a change in the law. It does not cover possession outside the facility, and supplying or dealing drugs, inside or outside, can still be prosecuted.
Can police search me for drugs in Scotland?
Yes, if they have reasonable grounds to suspect you have a controlled drug. Section 23 of the Misuse of Drugs Act 1971 allows a constable to search you and any vehicle, and to detain you for that purpose. In Scotland police can only search a person who is not in custody using a specific legal power or a warrant, so so-called consensual searches are not allowed. You do not have to answer questions, and if you are detained or arrested you have the right to free legal advice from a solicitor.
What is the difference between Class A, B and C drugs?
The class sets the maximum penalty. Class A includes heroin, cocaine, crack, ecstasy (MDMA) and LSD, with possession carrying up to 7 years on indictment. Class B includes cannabis, amphetamine, ketamine and GHB, carrying up to 5 years. Class C includes many benzodiazepines, anabolic steroids and, since November 2023, nitrous oxide, carrying up to 2 years. So-called legal highs not controlled under the 1971 Act are dealt with under the Psychoactive Substances Act 2016, where simple possession is generally not an offence except in a custodial institution.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Misuse of Drugs Act 1971, section 5
- Misuse of Drugs Act 1971, Schedule 4 (penalties)
- COPFS: Lord Advocate statement on diversion from prosecution (September 2021)
- COPFS: Lord Advocate's guidelines on the use of police direct measures for adult offenders
- SPICe Spotlight: The Thistle, Glasgow's safer drug consumption facility
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