Supplying or possessing with intent to supply a controlled drug
Supplying a controlled drug, offering to supply it, being concerned in its supply, or possessing it intending to supply others are offences under the Misuse of Drugs Act 1971. Supply includes sharing or giving drugs to friends, not just selling. Supplying Class A drugs 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 | Drug dealing, Being concerned in the supply of a controlled drug, Possession with intent to supply |
|---|---|
| The law | Misuse of Drugs Act 1971, sections 4(3) and 5(3) |
| Where it is tried | usually prosecuted under solemn procedure before a sheriff and jury, or in the High Court for large-scale Class A cases. Less serious cases, such as small-scale social supply, may be prosecuted under summary procedure in the sheriff court. |
| Maximum penalty | On indictment: Class A up to life imprisonment and/or an unlimited fine; Class B and Class C up to 14 years and/or an unlimited fine. Under summary procedure, no more than 12 months' imprisonment and/or a fine of up to £10,000. On conviction in the High Court of a third Class A trafficking offence, a person aged 18 or over must receive at least 7 years unless that would be unjust (Criminal Procedure (Scotland) Act 1995, section 205B). Confiscation orders under the Proceeds of Crime Act 2002 may also follow. |
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.
- For supply offences: the accused supplied or offered to supply it to another person, or was knowingly concerned in its supply by others, for example as a courier, lookout, or holder of cash or phones.
- For possession with intent: the accused possessed the drug and intended to supply it to someone else.
- Intent to supply can be inferred from circumstances such as quantity, purity, deals wrapped for sale, scales, cutting agents, cash, lists of debts or phone messages.
Defences and common issues
- No intent to supply: the drugs were for the accused's own use, which would amount to simple possession only.
- No knowledge or control of the drugs, including the statutory defence of lack of knowledge in section 28.
- Disputing the inference drawn from evidence such as cash, phones or packaging, or challenging the legality of a search.
- Insufficient evidence, including lack of corroboration of the essential facts, which Scots law generally requires.
Frequently asked questions
Is sharing drugs with friends classed as supply?
It can be. Supply in the Misuse of Drugs Act 1971 is not limited to selling. Handing drugs to a friend, passing them round a group, or buying drugs for others and giving them their share can all amount to supply, even if no money or profit is involved. The circumstances can affect whether the Procurator Fiscal decides to prosecute and how serious the court considers the case, but social supply is still a supply offence carrying the same statutory maximum penalties.
How do police decide whether drugs were for personal use or for dealing?
There is no fixed quantity that automatically means dealing. Police and the Procurator Fiscal look at all the circumstances, such as the amount and purity of the drug, whether it is divided into separate deals, and whether scales, bags, cutting agents, large amounts of cash, several phones or messages about sales were found. An accused person can give an explanation, but has no obligation to answer police questions. In Scotland no adverse inference can be drawn from silence during a police interview.
What does being concerned in the supply of drugs mean?
Being concerned in the supply of a controlled drug is an offence under section 4(3)(b) of the Misuse of Drugs Act 1971. It catches people who play a part in someone else's supply without handing over drugs themselves, such as couriers, people who store drugs or cash, lookouts, or those who run phone lines taking orders. The prosecution must show that the accused knowingly took part in the supply activity. It is often charged against people involved in organised dealing networks.
Is there a minimum sentence for drug dealing in Scotland?
There is one statutory minimum. Under section 205B of the Criminal Procedure (Scotland) Act 1995, a person aged 18 or over convicted in the High Court of a Class A drug trafficking offence, who already has two previous Class A trafficking convictions, must be sentenced to at least seven years. The court can impose a lower sentence if specific circumstances relating to the offences or the offender would make seven years unjust. Otherwise there is no minimum, but custody is common for Class A supply.
Can my money or property be taken if I am convicted of drug dealing?
Yes. After a conviction, the Procurator Fiscal can ask the court for a confiscation order under Part 3 of the Proceeds of Crime Act 2002, which applies in Scotland and requires payment of a sum reflecting the benefit gained from crime. Separately, cash of £1,000 or more suspected of coming from or being intended for crime can be seized and forfeited in civil proceedings, and the Civil Recovery Unit can seek to recover property obtained through crime even without a conviction. A solicitor can advise on these proceedings.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
Charged or under investigation? Ask LawBot a general question, or find a criminal defence solicitor near you.
Ask LawBot →