Possession of Class B or C drugs
Date Produced: 25 February 2009
Title: Drugs
Offence: Possess Class B and C Drugs
Legislation: Section 5(2) Misuse of Drugs Act 1971
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: Class B -5 years, Class C - 2 years; or a fine or both
Aggravating & Mitigating Factors
- Relevant pre cons
Relevant Sentencing Case Law
Cannabis became a Class C drug on 29.1.04.and penalties thereby reduced.
It reverted back to a Class B drug on 26.1.09.
R v Aramah (Leading case on sentencing)
Fine is the entry level sentence but persistent flouting may justify custody.
Cocks (1992) 13 Cr App R (S) 166
Possession of 2.82 gm cannabis and 7.1gm amphetamine. Pre cons for possession with intent to supply. 3 months.
Ancillary Orders
- ASBO Forfeiture
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