http://www.legislation.gov.uk/ukpga/1971/38/section/28Misuse of Drugs Act 1971An Act to make new provision with respect to dangerous or otherwise harmful drugs and related matters, and for purposes connected therewith.1979-01-31texttext/xmlenStatute Law Database2025-01-18Expert Participation2025-01-15 Misuse of Drugs Act 1971s. 5(4A)-(4C)Drugs Act 2005s. 2(2)s. 24(3)Misuse of Drugs Act 1971s. 31(2A)Drugs Act 2005s. 2(3)(b)s. 24(3)Misuse of Drugs Act 1971s. 31(4A)Drugs Act 2005s. 2(3)(c)s. 24(3)Misuse of Drugs Act 1971s. 38(1A)Drugs Act 2005s. 2(4)s. 24(3) 281This section applies to offences under any of the following provisions of this Act, that is to say section 4(2) and (3), section 5(2) and (3), section 6(2) and section 9.2Subject to subsection (3) below, in any proceedings for an offence to which this section applies it shall be a defence for the accused to prove that he neither knew of nor suspected nor had reason to suspect the existence of some fact alleged by the prosecution which it is necessary for the prosecution to prove if he is to be convicted of the offence charged.3Where in any proceedings for an offence to which this section applies it is necessary, if the accused is to be convicted of the offence charged, for the prosecution to prove that some substance or product involved in the alleged offence was the controlled drug which the prosecution alleges it to have been, and it is proved that the substance or product in question was that controlled drug, the accused—ashall not be acquitted of the offence charged by reason only of proving that he neither knew nor suspected nor had reason to suspect that the substance or product in question was the particular controlled drug alleged; butbshall be acquitted thereof—iif he proves that he neither believed nor suspected nor had reason to suspect that the substance or product in question was a controlled drug; oriiif he proves that he believed the substance or product in question to be a controlled drug, or a controlled drug of a description, such that, if it had in fact been that controlled drug or a controlled drug of that description, he would not at the material time have been committing any offence to which this section applies.4Nothing in this section shall prejudice any defence which it is open to a person charged with an offence to which this section applies to raise apart from this sectionS. 28 extended (1.7.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), ss. 19(5), 32(2); S.I. 1991/1072, art. 2, Sch. Pt. II