All Acts
Drugs· 1971

MDA 1971

Misuse of Drugs Act 1971

Controls the production, supply and possession of controlled drugs, and creates the search powers most commonly used by officers responding to drug offences.

Self-test

Sections

Section 23 — Powers to search and obtain evidence

Allows a constable with reasonable grounds to suspect a person is in possession of a controlled drug to detain and search that person, anything in their possession, and any vehicle.

Key points
  • Reasonable grounds to suspect possession of a controlled drug.
  • Power covers person, items they have, and any vehicle.
  • Same GO-WISELY requirements as PACE s.1.
  • Warrant required for premises (s.23(3)) — issued by JP.

Section 5 — Restriction of possession of controlled drugs

Creates the offences of simple possession (s.5(2)) and possession with intent to supply (s.5(3)) of controlled drugs.

Key points
  • Class A / B / C — penalty depends on classification (Schedule 2).
  • Possession requires knowledge and control.
  • Indicators of supply: quantity, packaging, scales, cash, deal lists, phone evidence.