Drug smuggling often crosses county borders meaning that different legal jurisdictions are involved. This, paired with the need to continually update drug policy can mean this is often a complex area of law and it is important that your legal team have the right experience and expertise to help minimise the criminal penalties you may be facing. If found guilty, you could be facing imprisonment or an unlimited fine.
Often drug offences can be hard to understand and expert advice is key to understanding what you are being charged with. Types of charges can include:
If you have been found to be carrying illegal drugs (or a controlled substance) of any kind, it can lead to anything from a warning to imprisonment.
A person facing a charge of intent to supply will be doing so because it is believed that not only did they have an illegal substance in their possession but they also intended or were successful in passing this substance to another person. Whether this was for a profit or not is irrelevant. The maximum sentence for possession with intent to supply is life imprisonment. Proof of such a crime can be presented as paraphernalia associated with the supply of drugs or, large sums of cash.
If a person is facing a production charge, it will be due to a belief that the person has participated in the production of a controlled drug or substance.
This relates to the importation or exportation of any controlled substances, and anyone who has knowledge or involvement of such an act can be found guilty of the offence.
As outlined under intent to supply, this can be the possession and any intent to supply but harm caused by supply can also fall into this area, whether it be illegal drugs or poison. The maximum sentence for this charge alone can be up to 10 years in prison.
Psychoactive substances are defined by The Psychoactive Substance Act 2016 and makes it an offence to produce, supply, import or export psychoactive substances. Fentanyl is a prime example of a highly toxic synthetic opioid that can be prescribed as a pain killer. It is around 50 times more potent than heroin and as little as 0.002g can prove fatal. Because of this, courts will consider the effects of the offence rather than the amount of the drug found.
This can include both illegal and legal substances that have rendered you unfit to drive. If you have a specific level of drugs in your blood stream you can also be charged with driving under the influence. The consequences for driving whilst under the influence can be anything from a minimum of one years driving ban to 6 months in prison and an unlimited fine.
Our team also has experience dealing with conspiracy cases. This is where there is more than one person suspected of drugs offences. Conspiracy means an “agreement” to do something. An example could be where there is a conspiracy to supply or produce drugs. The conspiracy would involve different people in different roles eg. street dealing, storing the drugs, passing on telephone messages from suppliers to customers or at higher levels, organising the supply network or involvement in the conspiracy to import drugs.
Classification of Drugs
Harmful drugs are allocated into three different classifications, the degree of a person’s penalty will be influenced by the classification of the drug.
| Classification | Drugs | Maximum Penalties |
| Class A | Heroin, lysergide (LSD), ecstasy, amphetamines (prepared for injection), cocaine, crack cocaine, magic mushrooms | For possession: 7 years' imprisonment or a fine (or both); for supply: life imprisonment or a fine (or both) |
| Class B | Amphetamines, methamphetamine, barbiturates, codeine | For possession: 5 years' imprisonment or a fine (or both); for supply: 14 years' imprisonment or a fine (or both) |
| Class C | Cannabis, temazepam, anabolic steroids, valium, ketamine, methylphenidate (Ritalin), γ-hydroxy butyrate (GHB) | For possession: 2 years' imprisonment or a fine (or both); for supply: 14 years' imprisonment or a fine (or both) |
If you have been arrested, charged or believe you are being investigated in relation to any drugs offences, please contact Sean Logan or Sarah Lawrence to discuss your case or call the team today on 01926 491 181