Drug offences

The definitive guidelines on drug offences were issued on 24 January 2012 and came into force on 27 February 2012. These guidelines were superseded in April 2021.

Revisions 2021

Revised sentencing guidelines for drug offences were issued on 27 January 2021 and came into force on 1 April 2021.

Misuse of Drugs Act 1971:

• section 3 (and Customs and Excise Management Act 1979 (section 170(2)) – fraudulent evasion of a prohibition by bringing into or taking out of the UK a controlled drug
• section 4(3) – supplying or offering to supply a controlled drug
• section 5(3) – possession of a controlled drug with intent to supply it to another
• section 4(2)(a) or (b) – production of a controlled drug
• section 6(2) – cultivation of a cannabis plant
• section 8 – permitting premises to be used for drug-related activity
• section 5(2) – possession of a controlled drug

Psychoactive Substances Act 2016:

• section 4 – producing a psychoactive substance
• section 5 – supplying, or offering to supply, a psychoactive substance
• section 7 – possession of a psychoactive substance with intent to supply
• section 8 – importing or exporting a psychoactive substance

Related documents

To support the guidelines and consultations, the Council publishes a range of documents. These documents may include consultation responses, statistical bulletins, resource and equality impact assessments and guideline assessments.

Related documents: Drug offences

Archived

Previous archived versions of guidelines can be found below:

• Sentencing Council: Drug offences – Definitive guideline
• Sentencing Guidelines Council Magistrates Court Sentencing Guidelines: Drugs – class A – fail to attend/remain for initial assessment (page 48)
• Sentencing Guidelines Council Magistrates Court Sentencing Guidelines: Drugs – class A – fail/refuse to provide a sample (page 49)
• Sentencing Guidelines Council Magistrates Court Sentencing Guidelines: Drugs – class A – possession (page 50)
• Sentencing Guidelines Council Magistrates Court Sentencing Guidelines: Drugs – class A produce, supply, possess with intent to supply (page 51)
• Sentencing Guidelines Council Magistrates Court Sentencing Guidelines: Drugs – class B and C – possession (page 52)
• Sentencing Guidelines Council Magistrates Court Sentencing Guidelines: Drugs – class B and C – supply, possess with intent to supply (page 53)
• Sentencing Guidelines Council Magistrates Court Sentencing Guidelines: Drugs – cultivation of cannabis (page 54)