Patterson and Paterson Defence Lawyers have been defending drugs offences within Inverness and throughout the Highlands and Islands for years. We defend all matters from minor possession to large scale supply and serious organised crime. We have decades of combined experience in defending these cases. The law relating to drugs offences in Scotland is contained in the Misuse of Drugs Act 1971. Drugs offences, particularly those involving supply, are complex and require the assistance of a specialist defence lawyer.

Production

An offence of production is committed when a person has some identifiable participation in the process of producing a controlled drug, by manufacture, cultivation, or any other method.

An offence of being concerned in the production of a controlled drug requires evidence that a controlled drug was produced; a link between the person and the production process, and that the person knew that a controlled drug was being produced.

Production or cultivation of cannabis, even on a modest scale, can attract greater penalties. The last several years have seen an increase in the number of larger-scale cultivations uncovered by police, often in light of unusual activity being reported at properties where multiple plants are grown with the assistance of sophisticated lighting, heating and hydroponic systems. In these circumstances, it is not unusual for the Crown to prosecute someone for being concerned in the supply of cannabis, where it is apparent that the cultivation and potential yield is on such a scale that it is clearly intended for onward supply.

Possession

The offence of possession of a controlled drug is committed when a person is unlawfully in physical possession or in control of any substance or product specified in Parts I, II or III of Schedule 2 of the Misuse of Drugs Act 1971.

Supply

It is an offence to supply or offer to supply a controlled drug to another and is prosecuted under Section 4(1)(b) of the Misuse of Drugs Act.

A charge of being concerned in the supply of a controlled drug is prosecuted under Section 4(3)(b) of the Misuse of Drugs Act. The definition of concern is drawn widely, to cover several activities in the chain of supply. Accordingly, it is possible to be ‘concerned in’ the supply of a controlled drug, even if no drugs are found on your person or in any property occupied by you. Any activity which facilitates the supply of a controlled drug such as storing equipment, money, or drugs, providing a telephone number of a supplier or customer, or acting as a ‘courier’ for a package of drugs, falls within the scope of Section 4(3)(b).

It is vitally important you instruct an experienced team of lawyers to begin preparing and defending your case. Patterson and Paterson Defence Lawyers have experience in dealing with all drug related offences, from minor possession to more serious and large scale concerned the supply or county lines cases. We can be contacted at any time for a free initial consultation.