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Drug Offences - Kidwells Solicitors

Drug Offences

Being accused of any Drug Offence can be extremely worrying and stressful. Get the advice you need to protect yourself, your family, your home, your job, your liberty.

Our team is available 24 hours a day and can be by your side representing you and your case.

Today illegal drugs are more available and more commonly used than ever, however there are a number of different criminal offences which restrict the supply and use of drugs.

 

​It is illegal to possess, supply and produce controlled drugs. It is also illegal to import or export drugs, or to allow your premises to be used for drug production.

Controlled drugs fall into three different categories, Class A, B or C, according to their danger or how harmful they are. The sentences for drug offences are different for each class of drugs. Class A drugs are the most harmful and will lead to a higher sentence.

 

Possession of Drugs

 

Carrying controlled drugs is illegal and you can be charged even if you did not know what you had was a controlled drug or if the drugs are yours or not.

 

Not all of these offences are brought to the CPS – if you are found in possession of cannabis or khat, the police may deal with this in the form of a warning or on the spot fine for your first offences.

 

Supply of Drugs

 

An offence has been committed if you have sold or are found sharing drugs with others, even if they did not pay you for them.

 

Possession of drugs with intent to supply

 

If you are in possession of controlled drugs, and either there is evidence that you were intending to supply those drugs, or you have more drugs than is consistent with personal use, an offence of possession with intent to supply could be committed.

 

Importation

 

Importing or exporting drugs is illegal. Any person who possesses restricted drugs with intent to import or export drugs is committing a criminal offence.

 

Drug Production

 

If you are involved in the production of a controlled drug, can be linked to the production process, for example providing premises or equipment, and can be proved to have known a controlled drug was being produced, you can be charged with production of drugs.

 

Growing cannabis plants amounts to “producing” cannabis, even if this is for your own personal use.

 

When these drugs are prepared and ready for onward distribution, you may also be charged with possession with intent to supply. This may depend on the quantity and location of the drugs as well as the steps taken to make it ready for onward supply.

 

Psychoactive Substances Act 2016

 

This Act came into force on 26th May 2016 and bans all psychoactive substances (“legal highs”). It makes it an offence to produce, supply, offer to supply, possess with intent to supply, import and export psychoactive substances, and to possess a psychoactive substance in a custodial institution.

If you agree that you committed the offence and that you will be disqualified, then you may wish to plead guilty. This will keep legal costs and fines to a minimum, and your driving ban will start as soon as possible. 

However, if you are in doubt about the accusation and procedures and if you want to investigate possible defences before losing your driving licence, it would be worth considering a not guilty plea and instructing a solicitor. 

Drug driving doesn’t just mean the use of illegal drugs.It is also illegal to drive after taking some prescription and over the counter drugsTaking even a very small amount of an illegal drug could put you over the limit.   

Issues associated with drug driving offences include: 

  • Employment – a job applicant will be required to produce their licence details for any roles that require the employee to operate any kind of vehicle. If an applicant has previously been convicted of a drug-driving offence, the employer may well not take the application for work any further.  
  • Insurance Premiums – being convicted of a drug-driving offence, a driving ban will probably be enforced. After the ban is spent obtaining car insurance could well prove very costly and difficult.  
  • International Travel – Many countries are against issuing travel visas to those with either spent or unspent convictions regarding drug use.  

Appointing a solicitor will ensure that your rights are properly protected before and when you attend Court so that you receive the best possible outcome from your conviction.    

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