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What happens if you're found with illegal drugs?


You may be charged with possessing an illegal substance if you’re caught with drugs, whether they’re yours or not

When it comes to possession for personal use, some police forces steer you away from the criminal justice system, especially if you’re under 18. In practice, they’ll choose from the following range of options.

  • Issue a warning.
  • Make you pay an on-the-spot fine.
  • Give you a ‘community resolution’ (e.g. you do an educational course on drugs). You won’t get a criminal record, but it will show up on an enhanced DBS check.
  • Issue a ‘conditional caution’. This is likely to involve you doing a rehabilitation course relevant to using cannabis, or having to do unpaid work, or pay a fine.
  • A conditional caution

The options may vary depending on where you live in the country and whether you’ve committed drug and other offences before.

A persistent offender will be prosecuted.

If you’re under 18, the police are allowed to tell your parents or carers. 

DEALING OR SUPPLYING DRUGS

The penalty is likely to be more severe if you are found to be supplying drugs, which includes dealing, selling or sharing.

The police will probably charge you if they suspect you of supplying drugs. The amount of drugs found and whether you have a criminal record will affect your penalty.

DRUGS AND DRIVING

It’s illegal to drive if you:

  • Are unfit to do so because you’re under the influence of legal or illegal drugs.
  • Have certain levels of illegal drugs in your blood (even if they have not affected your driving)

Legal drugs are prescription or over-the-counter medicines. If you’re taking them and not sure if you should drive, talk to your doctor, pharmacist or healthcare professional.

The police can stop you and make you do a ‘field impairment assessment’ if they think you have taken drugs including asking you to walk in a straight line. The police can also use a roadside drug kit to screen for cannabis and cocaine.

If the Police think you’re unfit to drive because of taking drugs, you’ll be arrested and will have to take a blood or urine test at a police station.

You could be charged with a crime if the test shows you’ve taken drugs. The penalties include a driving ban, a large fine, or even imprisonment.

A conviction for drug driving also means your car insurance costs will increase significantly and if you drive for work, your employer will see your conviction on your licence.


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For more information and advice about drugs and the law, contact Release

Release are the UK’s centre of expertise on drugs and drug laws. They provide legal support, representation and drugs and the law advice.