The possession of drugs has been a problem that has been faced by society not just in the United Kingdom but all over the world. The possession of drugs is a serious offence under the Misuse of Drugs Act, 1971.
When are you in Possession of a drug?:
A person is said to be in possession of a drug when they are in control of any illegal drug knowingly. They must know that they are carrying such a drug or substance on them. E.g. ‘A’ borrowed her friend’s car and the vehicle is stopped by the police and they find out drugs that had been concealed within the car. If A was not aware of the fact that the drugs were within the vehicle she cannot be in possession of such drugs. However, if she knew of the presence of such drugs within the vehicle, she is said to be in possession of the drugs and her act would amount to a crime.
There is a need to ascertain actual physical possession of such drugs.
Such an act of possession of drugs has been criminalised by the law. The possession of such drugs alone may not only incur you a hefty fine but may also land you in prison. However, if you find yourself in a situation wherein you are in the possession of such prohibited drugs there are certain ways in which you can escape the liability for the same.
Elements of Possession
In order to have the possession of a drug the following essentials must take place:
- There must be actual physical possession of the drug
- There is an intention or power to control the use of such drugs
- There is knowledge of existence of such drugs within the possession of oneself
- Such drugs fall within the category of controlled drugs
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