Possession of Drugs With Intent to supply

Our specialist team of drug supply lawyers has a wealth of experience defending clients accused of possession with intent to supply controlled drugs.

Possession of Drugs with intent to supply FAQ

A: Possession of drugs with intent to supply is not just about drug dealing. If you have in your possession a controlled drug and share it with someone, this is supplying the person with a controlled drug.
A: The difference is that possession with intent to supply charges involve prosecuting a person for supplying another person with a controlled drug they are not legally allowed to own.

If you are charged or suspected of possession with intent to supply drugs, then you must contact us without delay on our twenty four hour emergency number. 

We also have a great deal of experience negotiating with the Procurator Fiscal in securing plea bargains that reduce supply charges to charges of mere possession of controlled drugs. We will often secure the services of top forensic scientists and drug experts to properly prepare and present our client’s defences to charges of possession with intent to supply.

With diligent case preparation by our team of specialist drug lawyers, we can achieve not guilty outcomes in those cases where the correct charge should have been simple possession rather than possession with intent to supply.

Our specialist team of drug lawyers has dealt with all manner of drug supply cases from the smallest amounts to those involving substantial amounts of drugs and involving serious and organised crime.

We can represent clients at any court level, including Justice of the Peace Court, Sheriff Court and High Court.

We are available to attend Police interviews at any time of day or night, and this will be covered by automatic legal aid.

Controlled drugs

A controlled drug is one whose use, supply or production is restricted by legislation such as the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001.

To gain a conviction for possession with intent to supply, the Procurator Fiscal needs to prove, beyond a reasonable doubt, that:

  •  an accused person was in possession of drugs
  • the drugs are controlled drugs under the relevant legislation above
  • an accused person intended to supply the drugs to another person

Our specialist drug lawyers have the expertise and experience required to quickly spot any weaknesses in the Procurator Fiscals case and can properly prepare a strong defence in your favour.  You may wish to plead guilty to being in possession only of a controlled drug, but not guilty in terms of intention to supply.  We will diligently prepare your case with a view to achieving the best possible outcome.

How does the Prosecution prove possession with intent to supply?

The Procurator Fiscal does not need to prove you physically passed the control of the drug to another person, only that you had the intention to do so. 

The law is clear that supply includes distributing.  If you offer to share your drugs with another person, you are legally supplying the other person with a controlled drug. Money does not require to change hands, although this will be relevant to sentencing concerns.

Prosecutions in possession with intent to supply cases are very often based on circumstantial evidence and evidence from the accused person themselves from the police interview. Therefore, you should insist on one of our specialist team of drug lawyers be present free of charge at any police interview concerning possession with intent to supply controlled drugs. 

To prove dealing in drugs and intention to supply, the Procurator Fiscal will present many types of evidence to the court. Your property will most likely be searched, and the Procurator Fiscal may use any of the following items to prove intent to supply:

  • drugs paraphernalia like small bags, electric scales etc
  • amounts of cash
  • cutting agents
  • “tick lists” – handwritten lists of names and money owed
  • mobile telephones and evidence contained in messages and contacts

Our specialist team of drug lawyers has a great deal of experience preparing defence cases based on the lack of such evidence above. 

What sentence will an accused person get for possession with intent to supply drugs?

Many factors are involved in the sentences applied to a conviction of possession of drugs with intent to supply. The street value of the drugs is an important factor. If an accused person has previous convictions is also a factor, especially if the person has previous drugs convictions.

The maximum custodial sentences are as follows:

  • class A drugs – on indictment – life imprisonment
  • class B drugs – on indictment – 14 years
  • class C drugs – on indictment – 14 years

Our specialist team of drugs lawyers will present all mitigating factors to the court, which may reduce the sentence handed down if you are convicted and ensure they are persuasively presented to the Court.

Contact our specialist team of drug supply lawyers without delay.

If you have been charged with possession of a controlled drug with intent to supply, do not hesitate to contact our specialist team of drug supply lawyers and we will work to ensure the best possible outcome for you.

Legal Aid for drugs charges

You may be entitled to Legal Aid for drugs charges. This is because drugs charges can often end in imprisonment. We are registered with the Scottish Legal aid Board (SLAB) and represent many clients without them ever having to pay a penny. Contact us today to talk through your options.