Section 2: Proof of intention to supply a controlled drug
9.It is an offence under section 5 of the Misuse of Drugs Act 1971 to possess a controlled drug with intent to supply it to another. This section in subsection (2), amends section 5 of the 1971 Act to create a presumption of intent to supply where the defendant is found to be in possession of a particular amount of controlled drugs. Where the presumption applies a court or jury must assume that the defendant intended to supply the drugs. The presumption does not apply if evidence is adduced, by any person, that raises an issue that the
defendant may not in fact have intended to supply those drugs. Where such evidence is raised it will be for the prosecution to prove beyond reasonable doubt that the defendant intended to supply the drugs in his possession. The particular amount of drugs that will give rise to the presumption will be prescribed by the Secretary of State in regulations. The levels will reflect and be proportionate to the seriousness of the offence of supply of a controlled drug. Subsection (2) provides that the regulations only have effect in respect of proceedings for an offence committed after those regulations come into force. Section 31 of the 1971 Act will apply to those regulations. Therefore the regulations may make different provision for different controlled drugs and may only be made following consultation with the Advisory Council on the Misuse of Drugs. Subsection (3) amends section 31 of the 1971 Act to provide that a draft of the regulations made must be approved by a resolution of each House of Parliament.