The New Psychoactive Substances Bill 2016. What you need to know

Sevenco Training CIC

The New Psychoactive Substances Bill. 2016.

What you need to know...

What is the New Psychoactive Substance Act?

  • The main intention of the Act is to halt the production and sale of substances which are openly sold online and in head shops for the sole purpose of producing a ‘high’ or psychoactive effect.
  • The Act will make it an offence to:
  • Possess in a custodial institution (up to 2 years imprisonment and/or fine)
  • Possess with intent to supply (up to 7 years imprisonment and/or fine)
  • Supply/offer to supply (up to 7 years imprisonment and/or fine)
  • Produce (up to 7 years imprisonment and/or fine)
  • Import/export (up to 7 years imprisonment and/or fine)
  • Fail to comply with a Prohibition notice (up to 2 years imprisonment and/or fine)
  • Social supply: If you supply your ‘mates’ with ‘Legal highs’ this will be a criminal offence.
  • What is exempt from the act? Substances already controlled by the Misuse of Drugs Act, nicotine, alcohol, caffeine, poppers (AKA Amyl Nitrate), food/drink and medicinal products.
  • Police powers for stop and search: Police will now have powers to stop and search individuals and premises, although possession of psychoactive substances will not be an offence. Currently the Association of Chief Police Officers (ACPO) guidance states that a ‘legal high’ should be treated like a controlled drug until proven otherwise.

In other words..
‘Legal Highs’ are now illegal to produce and supply/sell……

When does the act come into force?
The New Psychoactive Substance act will come into force in the UK on the 26th May 2016.

Definition of psychoactive?
According to the Act, a psychoactive substance is defined as: “any substance which (a) is capable of producing a psychoactive effect in a person who consumes it, and (b) is not an exempted substance”.*

What about possession?
Under the new law it will not be a criminal offence to possess a psychoactive substance for personal use, unless you are in a custodial setting (e.g. Prison).

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*Source: http://www.legislation.gov.uk/ukpga/2016/2/contents/enacted