Drug sentencing, explained
What possession and trafficking actually cost across the USA, Canada, the UK/EU, Australia and Africa — and why calling 911 during an overdose is always worth it (Good Samaritan protections).
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United States
Two systems apply: federal and state. Federal simple possession (first offence) carries up to 1 year; trafficking scales to life. Most possession cases are prosecuted under state law, where penalties vary enormously.
| Offence (federal) | Typical range |
|---|---|
| Simple possession, 1st offence | Up to 1 year + fine |
| Simple possession, 2nd+ | 15 days–2 years |
| Trafficking (e.g., fentanyl >400g) | 10 years–life (mandatory minimums) |
| Good Samaritan laws | 47 states protect overdose callers from possession charges |
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Canada
Controlled Drugs and Substances Act. Simple possession (summary conviction): fines and diversion for first offences; indictable up to 3 years for repeat or hard drugs. Trafficking 1 year–life.
| Offence | Typical range |
|---|---|
| Possession (summary) | Discharge to 6 months / fines |
| Possession (indictable) | Up to 3 years |
| Trafficking | 1 year–life |
| Note | Supervised consumption sites operate legally in BC, ON, QC and AB |
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United Kingdom
Misuse of Drugs Act 1971: Class A (heroin, cocaine, MDMA) possession up to 7 years; Class B (amphetamine, ketamine, cannabis) 5 years; Class C (benzos without Rx, GHB) 2 years. Supply sentences roughly triple possession.
| Class | Possession | Supply |
|---|---|---|
| A (heroin, coke, MDMA, LSD) | 7 yrs | Life |
| B (speed, ketamine, cannabis) | 5 yrs | 14 yrs |
| C (benzos w/o Rx, GHB) | 2 yrs | 14 yrs |
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European Union
No single EU drug law — each member state differs widely. Notable: Portugal decriminalized possession of small (10-day supply) amounts in 2001 (administrative offences only); most states treat supply far more harshly than possession.
| Country | Possession (small amount) |
|---|---|
| Portugal | Administrative fine / dissuasion panel — not criminal |
| Germany (cannabis) | Legal within personal-use limits |
| France | 1 year + fine (use is also an offence) |
| Netherlands | Cannabis tolerated in coffeeshops; hard drugs prosecuted |
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Australia
State-based law. Simple possession commonly up to 2 years (varies by state and drug); several states offer diversion (caution / education) for first offences. Importation is federal and severe — up to life.
| Offence | Typical range |
|---|---|
| Possession (state) | Fines to 2 yrs imprisonment |
| Cultivation/manufacture | 2–25 yrs |
| Importation (federal) | Up to life imprisonment |
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Africa (selected)
Varies widely. South Africa: Drugs and Drug Trafficking Act — possession of dependence-producing drugs carries fines and/or up to 15 years for dangerous drugs; personal cannabis use was decriminalized by the Constitutional Court in 2018. Kenya and Nigeria maintain strict criminal regimes with long trafficking sentences.
| Country | Possession |
|---|---|
| South Africa | Fines / up to 15 yrs (dangerous drugs) |
| Kenya | Fines + up to 10 yrs |
| Nigeria | 10 yrs+ (NDLEA Act) |