Drug Possession and Sale

Drug possession includes having an illegal substance physically on your person, clothing, bag, pocket or in an area which you control such as your house, car, apartment etc.

The sale of drugs is an illegal offence which includes selling or attempting to sell the substance, or by the amount or weight of the substance that is possessed or controlled. It may not mean large scale dealing for profit. Simply handing certain controlled drugs to another person can count as supply, and can have heavy penalties.

Possession of a controlled drug

Under the Misuse of Drugs Acts anyone found in possession of cannabis or cannabis resin is guilty of an offence. If the court decides that the drug was for personal use and not for sale or distribution and this was a first offence, the court can impose a fine on a summary conviction in the District Court. On a conviction on indictment, the court may decide on an appropriate fine and/or a prison sentence.

Possession of any other controlled drugs

It is an offence to be in possession of a controlled drug and on summary conviction for this offence; you could be liable to a fine or a prison sentence of no longer than 12 months. If the court decides, you could be liable for both. On conviction on indictment for possessing controlled drugs, the court can decide on an appropriate fine and you could also be liable for a prison sentence of not more than seven years. Again, if the court decides, you could be liable for both.

Contact us

For further information please contact our Criminal Law Specialist on 021-4272882 or 01-6401849. Alternatively you can email us at info@hoc.ie


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