What is the difference between the different drug offences and what will the Crown Prosecution Service consider when deciding to charge someone?
Possession: this is when a person is unlawfully in physical possession or in control of any substance, and knew that he was in position of that item even if he did not know that it was a drug.
Supply: this includes distribution and does not require proof of payment or reward. In R v Maginnis 1987 it was stated that 'supply requires more than mere transfer of physical control.'
Production/Cultivation: this is where the suspect has participated in the process of producing by manufacture, cultivation, or any other method. The CPS will consider whether there is actual or indirect participation in production. Converting one form of controlled drug into another may amount to production, hence one may be charged with this offence [R v Russell (P.A.) 1992].