Can a person be charged with attempted possession of cocaine?

He should not be charged with attempted possession of the drug he believed it to be. “Crack” cocaine is a Class A controlled drug, being a “preparation or other product containing a substance” which is a controlled drug (Schedule 2 part 1 paragraph 5 of the Act). It is cocaine for the purposes of the Act, see R v Russell (1992) 94 Cr. App. R 351.

What are the offences under the misuse of Drugs Act 1971?

The legal restrictions placed on the use of controlled drugs are aimed at preventing drug misuse. The principal offences relating to the misuse of controlled drugs are contained in the Misuse of Drugs Act 1971 (“the Act”) and most of the offences dealt with in this guidance are created by the Act.

Can a person be charged with possessing a psychoactive substance?

Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. You may be charged with possessing an illegal substance if you’re caught with drugs, whether they’re yours or not.

Can you go to jail for possession of drugs?

You can get a fine or prison sentence if you: Food, alcohol, nicotine, caffeine, medicine and the types of drugs listed above do not count as psychoactive substances. You may be charged with possessing an illegal substance if you’re caught with drugs, whether they’re yours or not.

What happens if you get a caution for drug possession?

If this isn’t your first offence you can sometimes get ‘lucky’ and just get another caution. However, it’s more likely you’ll be formally charged with possession – especially if you were found with a large amount of drugs, or were caught before recently.

What’s the maximum sentence for possession of a Class A drug?

The maximum sentence for possession of a Class A drug is seven years in prison and a fine. For a Class B drug it’s five years and a fine, and for Class C it’s two years and a fine.

What’s the worst that can happen to me for possession?

What’s the worst that can happen to me for possession? The maximum sentence for possession of a Class A drug is seven years in prison and a fine. For a Class B drug it’s five years and a fine, and for Class C it’s two years and a fine. It’s worth mentioning that maximum sentences are very rarely given; they’re just used as guidelines.