Misuse of Drugs Act 1971
What this means for your business
- Applies to
- United Kingdom
- On this page
- 16 compliance obligations, 2 practical guides across 2 topics
What you must do
16 compliance obligations under this legislation — 6 can result in imprisonment.
Offences and prohibitions 15
Assist or induce a drug offence abroad
5 years imprisonmentIf your business or you personally help someone commit a drug‑related crime in another country while you are in the UK, you commit a criminal offence under the Misuse of Drugs Act. A conviction can lead to an unlimited fine and possible imprisonment, and the matter will be dealt with by the Crown Court.
Attempt or incite a drug offence
5 years imprisonmentIf anyone connected with your business tries to carry out a drug‑related offence, or encourages someone else to do so, that conduct is a criminal offence. A conviction can lead to an unlimited fine and, in the most serious cases, imprisonment. The offence applies regardless of whether the underlying drug offence was actually completed.
Breach drug regulations, licence conditions or give false information
2 years imprisonmentIf you ignore any regulation made under the Misuse of Drugs Act, breach a condition of a drug licence, or knowingly give false or reckless information – for example when applying for or renewing a licence – you commit a criminal offence. Conviction can lead to a fine and/or imprisonment, although the exact penalties are set elsewhere in the Act. The offence applies to any person or business dealing with controlled drugs.
Contravene a direction prohibiting prescribing or supply of controlled drugs
2 years imprisonmentIf a doctor or pharmacist has been convicted of certain drug‑related offences, the Secretary of State can issue a direction that bars them from possessing, prescribing, supplying or otherwise handling the specified controlled drugs. Breaching that direction is a criminal offence. A conviction can lead to fines, imprisonment, or both, and the direction will be publicly recorded.
Corporate liability for drug offences where directors consent or neglect
Unlimited fineIf your company commits an offence under the Misuse of Drugs Act (for example, producing, supplying or possessing a controlled drug) and a director, manager, secretary or similar officer allows it, turns a blind eye, or is negligent, both the company and that officer can be prosecuted. The company is treated as guilty of the same drug offence and will face the same penalties that apply to an individual offender. The exact fine or prison term will depend on the specific drug offence that has been committed.
Fail to comply with directions for safe custody of controlled drugs
If the Secretary of State serves you a written direction requiring special precautions for storing controlled drugs at your premises and you do not follow it, you commit a criminal offence. Breaches can lead to prosecution, with the court able to impose a fine and/or imprisonment as appropriate.
Forfeit assets linked to drug offences
If your company is convicted of a drug‑related offence under the Misuse of Drugs Act (or a related trafficking offence), the court can order any property that is connected to the offence to be taken away and either destroyed or dealt with as the court decides. The owner can only stop the order by applying to be heard and showing why the property should not be forfeited.
Ignore a direction banning prescription of controlled drugs
Unlimited fineIf a doctor receives a direction that stops them from prescribing, supplying or authorising certain controlled drugs and they nevertheless do so, they commit a criminal offence. The offence applies to any medical practitioner who is served with such a direction under the Misuse of Drugs Act. Conviction can lead to an unlimited fine and, depending on the court, possible imprisonment.
Intentionally obstruct a constable exercising drug search powers
If you deliberately prevent a police officer from searching for, detaining or seizing a temporary class drug, you commit a criminal offence. The offence applies to anyone – including businesses or their representatives – who intentionally interferes with the officer’s powers. Conviction can lead to a fine and/or imprisonment, although the exact penalties are set elsewhere in the Act.
Obstruct or fail to produce evidence to drug enforcement officials
If police or OPSS officers search your premises or ask you to produce books, documents or stock of controlled drugs, you must cooperate. Intentionally obstructing them, hiding evidence, or refusing to produce the requested material without a reasonable excuse is a criminal offence. Conviction can lead to a fine and/or imprisonment.
Permit production, supply or use of controlled drugs on premises
If you own, occupy or manage a property and you knowingly allow anyone to produce, supply, prepare or smoke controlled drugs such as cannabis, cannabis resin or opium on that property, you commit a criminal offence. A conviction can result in an unlimited fine and/or a term of imprisonment, depending on how the case is tried.
Possess a controlled drug without authority
5 years imprisonmentIf you or your business have a controlled drug in your possession without the proper authorisation, you are committing a criminal offence. The offence applies even if the drug is held for legitimate business purposes but the necessary licence or exemption is missing. On conviction you face an unlimited fine and up to five years’ imprisonment.
Produce or supply a controlled drug without authority
Unlimited fineIf your company produces a controlled drug, or supplies (or offers to supply) a controlled drug in breach of the Misuse of Drugs Act 1971, you are committing a criminal offence. A conviction can result in an unlimited fine and may also carry a term of imprisonment, with the case normally heard in the Crown Court.
Supply equipment for unlawful drug use
Unlimited fineIf you supply, or offer to supply, any item that could be used to give or prepare a controlled drug – such as pipe‑heads, filters, or mixing kits – and you know it will be used illegally, you commit a criminal offence. The same applies to items used to prepare the drug itself. Supplying a hypodermic syringe is expressly exempt. A conviction can bring an unlimited fine and/or imprisonment.
Use, possess or facilitate opium smoking
Up to 5 years imprisonmentIf a person smokes prepared opium, visits a place used for opium smoking, or holds pipes, utensils or other equipment used for smoking or preparing opium, they commit a criminal offence. Conviction can result in an unlimited fine and a custodial sentence (up to several years). The offence can be tried either in the Magistrates' Court or Crown Court, depending on the seriousness.
Reporting and filing 1
Respond to direction notice and make representations within 28 days
If you are a doctor or other practitioner and receive a notice that the Secretary of State may restrict your prescribing of controlled drugs, you must read the notice, send any written representations within 28 days, and then obey any direction that is finally issued.
Penalties for non-compliance
15 penalties under this legislation. 6 can result in imprisonment. 10 carry an unlimited fine.
Assist or induce a drug offence abroad
Unlimited fine and/or 5 years imprisonment
Attempt or incite a drug offence
Unlimited fine and/or 5 years imprisonment
Breach drug regulations, licence conditions or give false information
Unlimited fine and/or 2 years imprisonment
Contravene a direction prohibiting prescribing or supply of controlled drugs
Unlimited fine and/or 2 years imprisonment
Possess a controlled drug without authority
Unlimited fine and/or 5 years imprisonment
Use, possess or facilitate opium smoking
Unlimited fine and/or Up to 5 years imprisonment
Corporate liability for drug offences where directors consent or neglect
Unlimited fine
Ignore a direction banning prescription of controlled drugs
Unlimited fine
Produce or supply a controlled drug without authority
Unlimited fine
Supply equipment for unlawful drug use
Unlimited fine
Fail to comply with directions for safe custody of controlled drugs
Penalty applies
Forfeit assets linked to drug offences
Penalty applies
Intentionally obstruct a constable exercising drug search powers
Penalty applies
Obstruct or fail to produce evidence to drug enforcement officials
Penalty applies
Permit production, supply or use of controlled drugs on premises
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Medicines and controlled drugs compliance
Legal requirements for handling, storing and administering medicines including controlled drugs in healthcare settings.
Import licences for controlled goods
How to get import licences for controlled goods including endangered species, controlled drugs, firearms, nuclear materials, and sanctioned goods. Covers …
Sections and provisions
46 classified provisions from this legislation.
Duties 4
Offences and penalties 19
- s.4A Aggravation of offence of supply of controlled drug
- s.4 Restriction of production and supply of controlled drugs.
- s.5 Restriction of possession of controlled drugs.
- s.8 Occupiers etc. of premises to be punishable for permitting certain activities to take place there.
- s.9 Prohibition of certain activities etc. relating to opium.
- s.9A Prohibition of supply etc. of articles for administering or preparing controlled drugs.
- s.11 Power to direct special precautions for safe custody of controlled drugs to be taken at certain premises.
- s.12 Directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences.
- s.13 Directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases.
- s.17 Power to obtain information from doctors, pharmacists etc. in certain circumstances.
- s.18 Miscellaneous offences.
- s.19 Attempts etc. to commit offences.
- s.20 Assisting in or inducing commission outside United Kingdom of offence punishable under a corresponding law.
- s.21 Offences by corporations.
- s.23 Powers to search and obtain evidence.
- s.23A Temporary class drugs: further power to search, seize and detain
- s.25 Prosecution and punishment of offences.
- s.27 Forfeiture.
- s.28 Proof of lack of knowledge etc. to be a defence in proceedings for certain offences.
Powers 7
- Schedule 1 Constitution etc. of Advisory Council on the Misuse of Drugs
- s.7 Authorisation of activities otherwise unlawful under foregoing provisions.
- s.10 Power to make regulations for preventing misuse of controlled drugs.
- s.16 Provisions supplementary to ss. 14 and 15.
- s.30 Licences and authorities.
- s.32 Research.
- s.39 Savings and transitional provisions, repeals, and power to amend local enactments.