Possession - in effect is the smallest measurable trace of a controlled drug, whether or not it is sufficient to cause intoxication. In each case of alleged possession, the prosecution must prove three major points - that the substance was in the defendant's possession or control (a verbal admission of past possession is enough if made in front of a police officer); that it is a controlled drug; that the defendant knew that s/he possessed the drug. If the evidence for possession results from a urine or blood test, this alone does not allow a charge for possession. However, it is a possible defence if the drugs were found in a container and the defendant can satisfy the court that s/he did not know nor suspect what the contents were. Another complication in a case of possession is if the defendant states that they had taken the drug(s) from another person and were on their way to hand them to the police when they were arrested.

Possession with intent to supply - the amount in question is irrelevant and it is possible that a small gift to a friend will make a person liable to prosecution. A relatively large amount for personal use (e.g. 1oz cannabis) may be thought of as possession with intent, as might an amount packaged in several "wraps".

Offering to supply a controlled drug - an offence is committed once an offer is made, whether or not the offer is accepted or completed. The prosecution can even succeed if the substance turns out not to be a controlled drug (e.g. dried mixed herbs as cannabis). Supply does not have to involve financial transaction.

Supplying/Producing a controlled drug - supplying can be one person buying on behalf of a group. Cultivation of cannabis constitutes Production.

Allowing premises to be used - applies to the occupier or anyone concerned in the management of a private address, squat, club, pub, hostel, etc. The prosecution must prove the defendant knowingly permitted or suffered production, supply or the smoking of opium or cannabis. The Act only covers opium and cannabis at the moment as these are detectable by smell. Maximum penalties for these offences are, for Class A and B drugs - six months, £5000 fine or both at Magistrates court, fourteen years, unlimited fine or both at Crown court.

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Obstruction - it is an offence to intentionally obstruct a police officer searching for drugs by swallowing or concealing them, or by concealing or failing to produce documents when asked, unless there is a reasonable excuse. The police must prove, however, that the obstruction occurred after the defendant learned that the search was being conducted under the Misuse of Drugs Act - swallowing a lump of cannabis before the police announce the search is not an offence. Maximum penalties for all classes - six months, £5000 fine or both at Magistrates court, two years, unlimited fine or both at Crown court.

Incitement, Conspiracy or Attempt to commit a drugs offence - in any of these circumstances, no offence needs to have been completed. For incitement it simply has to be proved that persuasion or pressure was brought to bear. For conspiracy there merely has to be evidence of an agreement with one or more persons. For intent there only has to be the intention to commit an offence. Maximum penalties are the same for the offence to which the incitement, conspiracy or attempt relates.

Drug Trafficking Offences Act - introduced in 1987, it gives powers for the tracing, freezing and seizing of assets presumed to be drug-related. If profit is assumed to have been made the court can make a confiscation order assessed as being equal to the proceeds from the defendant's entire trafficking career. This could include all the defendant's current property and everything owned in the previous six years. The onus is on the defendant, in any such case, to prove that such items are not from the proceeds of drug sales.

Paraphernalia - comes as an additional offence under the Drug Trafficking Offences Act. It includes the sale of cocaine kits (razor blades and mirrors) and other drug-related paraphernalia such as hash pipes. Successful prosecution is difficult, however, because such items have other uses - both ornamental and for other everyday activities. Hypodermic needles and syringes are specifically exempt from the legislation, even if suppliers believe they are to be used in the administration of illegal substances.

Intoxicating Substances (Supply) Act 1985 - prohibits the supply of solvents or other substances to people under eighteen years of age if there is reasonable cause to believe that the substances or their fumes will be inhaled to cause intoxication. The actual inhalation of volatile substances is not illegal.

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