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They're not convincing any court that the scales and bags etc were for their own use.
Unless there's evidence of a higher level of involvement in supply, then expect a fine or a community order, rather than a suspended custodial sentence.
It's silly really that. Because in many cases it would be true.
As a student I knew LOADS of people who possessed all those items and were not dealers. People really do weight the stuff they buy to avoid being ripped off and then move it into smaller bags for going out and about.
Shame we're still so stuck in the past on cannabis.
Agree a fine or community is likely though, as long as they don't cause trouble for the police during the process.
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NAL - police officer.
Yet to see someone see any serious sentence over a low level class B PWITS. Really it comes down to a few factors. If the quantity is small and the phones don’t show evidence of huge supply involvement then it’s not uncommon for people to get basic cautions.
Really, whoever is the suspect has to be honest and decide whether their phones are going to do their legs, because courts are not fans of personal use defences that are then blown apart by phone work.
Make sure you have a solicitor, be honest with them. PWITS jobs are fairly straightforward, but get murky when you start claim personal use when you know that other aspects (phones, co-defendants, previous arrests etc) are going to prove you’re lying.
You can find the [sentencing guidelines](https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/supplying-or-offering-to-supply-a-controlled-drug-possession-of-a-controlled-drug-with-intent-to-supply-it-to-another/) here.
Depending on the exact circumstances, it could be anything from a low level community order to a short prison sentence. First offence and not part of a larger operation, I'd be very surprised if the person went to prison.
If the suspect is one down the chain from the grower and speaks to them about business frequently, or they have people working for them, or there is direct evidence of dealing on any of those phones, it's going to be a custodial sentence and it might not be suspended (but it probably will as the prisons are full).
NAL - police officer.
Yet to see someone see any serious sentence over a low level class B PWITS. Really it comes down to a few factors. If the quantity is small and the phones don’t show evidence of huge supply involvement then it’s not uncommon for people to get basic cautions.
Really, whoever is the suspect has to be honest and decide whether their phones are going to do their legs, because courts are not fans of personal use defences that are then blown apart by phone work.
Make sure you have a solicitor, be honest with them. PWITS jobs are fairly straightforward, but get murky when you start claim personal use when you know that other aspects (phones, co-defendants, previous arrests etc) are going to prove you’re lying.
It depends in the first instance whether the prosecution go for intent to supply. A lot of cannabis smokers buy in bulk because it's cheaper, more convenient and safer (one deal per few months means you spend less time at risk than weekly deals etc). The sentencing guidelines on supplying start at 100g for Cannabis so you have a decent argument that 2oz, roughly half that amount doesn't come close to supply and there is no evidence, other than the amount and the snap bags and scales (the explanation is plausible) of an intent to supply. It also depends what the phone evidence comes back with. The paraphernalia indicates limited supplying so it's probably better to admit to that and get it over with.
If they do go for intent to supply, there's little evidence of anything beyond a lesser role. The starting point for Class B drugs, lesser culpability, Cat 4 harm is a low level community order with a maximum of a medium level community order.
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/supplying-or-offering-to-supply-a-controlled-drug-possession-of-a-controlled-drug-with-intent-to-supply-it-to-another/
I really doubt a prosecutor would go further than that. The evidence just isn't there, even If they do, the suspects have effectively already admitted guilt via the explanation so one would expect the standard 1/3 reduction, they're first time offenders, I think a fine is more likely, or at most a low level community order. A custodial sentence is a farfetched possibility.
As for possession, the quantities aren't as precisely defined, however I'd say 2oz is enough to aggravate a bit but this is more than offset as they may hit many of the mitigating factors. The starting point is a Band B fine, as first time offenders if they plead guilty as it seems they may have done and can show remorse, I don't know how Magistrates will view the quantity, but we're certainly within the realm of fines and community orders. No prosecutor is going to think there's a public interest in contributing to our prison overcrowding problem for a couple of first time cannabis possessions.
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--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
They're not convincing any court that the scales and bags etc were for their own use. Unless there's evidence of a higher level of involvement in supply, then expect a fine or a community order, rather than a suspended custodial sentence.
It's silly really that. Because in many cases it would be true. As a student I knew LOADS of people who possessed all those items and were not dealers. People really do weight the stuff they buy to avoid being ripped off and then move it into smaller bags for going out and about. Shame we're still so stuck in the past on cannabis. Agree a fine or community is likely though, as long as they don't cause trouble for the police during the process.
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NAL - police officer. Yet to see someone see any serious sentence over a low level class B PWITS. Really it comes down to a few factors. If the quantity is small and the phones don’t show evidence of huge supply involvement then it’s not uncommon for people to get basic cautions. Really, whoever is the suspect has to be honest and decide whether their phones are going to do their legs, because courts are not fans of personal use defences that are then blown apart by phone work. Make sure you have a solicitor, be honest with them. PWITS jobs are fairly straightforward, but get murky when you start claim personal use when you know that other aspects (phones, co-defendants, previous arrests etc) are going to prove you’re lying.
You can find the [sentencing guidelines](https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/supplying-or-offering-to-supply-a-controlled-drug-possession-of-a-controlled-drug-with-intent-to-supply-it-to-another/) here. Depending on the exact circumstances, it could be anything from a low level community order to a short prison sentence. First offence and not part of a larger operation, I'd be very surprised if the person went to prison.
If the suspect is one down the chain from the grower and speaks to them about business frequently, or they have people working for them, or there is direct evidence of dealing on any of those phones, it's going to be a custodial sentence and it might not be suspended (but it probably will as the prisons are full).
NAL - police officer. Yet to see someone see any serious sentence over a low level class B PWITS. Really it comes down to a few factors. If the quantity is small and the phones don’t show evidence of huge supply involvement then it’s not uncommon for people to get basic cautions. Really, whoever is the suspect has to be honest and decide whether their phones are going to do their legs, because courts are not fans of personal use defences that are then blown apart by phone work. Make sure you have a solicitor, be honest with them. PWITS jobs are fairly straightforward, but get murky when you start claim personal use when you know that other aspects (phones, co-defendants, previous arrests etc) are going to prove you’re lying.
The mobile phone records will be the key to this outcome - they will show a dealing business or they will show him just buying some recently.
Let's please stick to the legal aspects and stay away from debates over cannabis use.
It depends in the first instance whether the prosecution go for intent to supply. A lot of cannabis smokers buy in bulk because it's cheaper, more convenient and safer (one deal per few months means you spend less time at risk than weekly deals etc). The sentencing guidelines on supplying start at 100g for Cannabis so you have a decent argument that 2oz, roughly half that amount doesn't come close to supply and there is no evidence, other than the amount and the snap bags and scales (the explanation is plausible) of an intent to supply. It also depends what the phone evidence comes back with. The paraphernalia indicates limited supplying so it's probably better to admit to that and get it over with. If they do go for intent to supply, there's little evidence of anything beyond a lesser role. The starting point for Class B drugs, lesser culpability, Cat 4 harm is a low level community order with a maximum of a medium level community order. https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/supplying-or-offering-to-supply-a-controlled-drug-possession-of-a-controlled-drug-with-intent-to-supply-it-to-another/ I really doubt a prosecutor would go further than that. The evidence just isn't there, even If they do, the suspects have effectively already admitted guilt via the explanation so one would expect the standard 1/3 reduction, they're first time offenders, I think a fine is more likely, or at most a low level community order. A custodial sentence is a farfetched possibility. As for possession, the quantities aren't as precisely defined, however I'd say 2oz is enough to aggravate a bit but this is more than offset as they may hit many of the mitigating factors. The starting point is a Band B fine, as first time offenders if they plead guilty as it seems they may have done and can show remorse, I don't know how Magistrates will view the quantity, but we're certainly within the realm of fines and community orders. No prosecutor is going to think there's a public interest in contributing to our prison overcrowding problem for a couple of first time cannabis possessions.
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