Police can issue a warning or an on-the-spot fine of £90 if you’re found with cannabis.
You can get a fine or prison sentence if you:
The maximum penalties for drug possession, supply (selling, dealing or sharing) and production depend on what type or ‘class’ the drug is.
Psychoactive substances include things like nitrous oxide (‘laughing gas’).
The penalty is likely to be more severe if you are found to be supplying drugs (dealing, selling or sharing).
The penalties depend on the type of drug or substance, the amount you have, and whether you’re also dealing or producing it.
If you’re under 18, the police are allowed to tell your parent, guardian or carer that you’ve been caught with drugs.
Psychoactive substances penalties
Your penalty will depend on:
*The government can ban new drugs for 1 year under a ‘temporary banning order’ while they decide how the drugs should be classified.
The penalties to be imposed in relation to misuse of drugs offences can be found in the Misuse of Drugs Act 1971. An accused person can be charged with a number of offences arising from cannabis cultivation or production. The sentence to be imposed depends on whether the accused is prosecuted under summary (A Sheriff sitting alone) or solemn procedure (A Judge or Sheriff sitting with a jury.)
The maximum sentence for production of a class B drug on indictment is 14 years imprisonment or a fine or both. The maximum sentence for production of a class B drug on summary complaint is 6 months imprisonment or a fine or both.
The most common defences encountered by the court are:-
WHAT ARE THE COMMON DEFENCES?
The maximum sentence for supply of a class B drug on indictment is 14 years imprisonment or a fine or both. The maximum sentence for supply of a class B drug on summary complaint is 6 months imprisonment or a fine or both.
Drugs offences are prosecuted under the Misuse of Drugs Act 1971. The ready availability of the equipment needed to produce cannabis and easy access to instruction manuals on the internet has resulted in this type of offence becoming more and more common. Cannabis and cannabis resin are classified as Class B drugs.
WHAT DO THE PROSECUTION HAVE TO PROVE?