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The offence of supplying controlled drugs

The section 4 of the Misuse of Drugs Act 1971 (MDA 1971) creates several supply offences.

Under MDA 1971, s 4(3) it is an offence to:

1. •

   supply a controlled drug to another (MDA 1971, s 4(3)(a))

2. •

   offer to supply a controlled drug to another (MDA 1971, s 4(3)(a))

3. •

   be concerned in the supply of a controlled drug to another (MDA 1971, s 4(3)(b)), and

4. •

   be concerned in the making of an offer to supply a controlled drug (MDA 1971, s 4(3)(c))

All offences are Triable either way unless however if a conviction would be the accused’s third Class A drug trafficking offence it must be dealt with in the Crown Court because it will carry a minimum of seven years’ imprisonment, see below: Sentence for supplying controlled drugs.

All matters involving supplying are likely to be committed to the Crown Court for trial although it may be appropriate for cases involving non-commercial supply (eg between friends) of a very small amount (eg one