Drugs Misuse Act

The following table gives examples of offences and maximum penalties (years of imprisonment) that apply under the Drugs Misuse Act 1986.

Maximum penalty

(years)

Offences

(For drug types, schedule 1 is more serious than schedule 2.
For drug amounts, schedule 4 is more serious than schedule 3)

2

Unlawfully possessing anything (other than a syringe or needle, for instance, a bong) for using a dangerous drug

Offences to do with hypodermic syringes or needles – unauthorised supply for drug use, possessing without reasonable care (whether for drug use or not) and possessing one used for drugs without disposing of it legally

Possessing suspected property (other than a dangerous drug, hypodermic syringe or needle) for/used in/proceeds of a defined drug offence

15

Supplying schedule 2 drug (simpliciter; without a circumstance of aggravation)

Producing schedule 2 drug, any other case

Possessing schedule 1 or 2 drug, any other case

Possessing, supplying or producing relevant substances or things without a reasonable excuse (various listed substances, and things like pill presses and reaction vessels)

Possessing things for use in, or used in, connection with committing a defined drug crime

Occupier of a place permitting its use for a defined drug crime

20

Supplying schedule 1 drug (simpliciter)

Supplying schedule 2 drug to minor (aged 16 or 17) or to intellectually impaired person, or person in an educational institution or correctional facility, or who does not know he or she is being supplied

Receiving or possessing property obtained from trafficking or supplying

Producing schedule 1 drug of/exceeding schedule 3 amount but under schedule 4 amount and offender was a drug dependent person

Producing schedule 1 drug, any other case

Producing schedule 2 drug of/exceeding schedule 3 amount

Publishing or possessing instructions for producing schedule 2 drug

Possessing schedule 1 drug of/exceeding schedule 3 but under schedule 4 quantity and offender was a drug dependent person

Possessing schedule 2 drug of/exceeding schedule 3 amount

Trafficking in relevant substances or things

25

Trafficking

Supplying schedule 1 drug to minor (aged 16 or 17) or to intellectually impaired person, or person in an educational institution or correctional facility, or who does not know he or she is being supplied

Supplying schedule 2 drug to a minor (under 16)

Producing schedule 1 drug of/exceeding schedule 4 amount

Producing schedule 1 drug of/exceeding schedule 3 amount but under schedule 4 amount and offender was not a drug dependent person

Publishing or possessing instructions for producing schedule 1 dangerous drug

Possessing schedule 1 drug of/exceeding schedule 4 quantity

Possessing schedule 1 drug of/exceeding schedule 3 but under schedule 4 quantity and offender was not a drug dependent person

Possession of a prohibited combination of prescribed items (e.g certain chemicals)

Life

Supplying schedule 1 drug to a minor (under 16)

This information is not intended to provide legal advice and has been prepared for the purposes of providing information only. While all reasonable care has been taken in the preparation of this information, no liability is assumed for any errors or omissions.