Psychoactive Substances Act 2016
| Act of Parliament | |
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| Long title | An Act to make provision about psychoactive substances; and for connected purposes. |
|---|---|
| Citation | 2016 c. 2 |
| Introduced by | Michael Bates and Theresa May. |
| Territorial extent | England and Wales, Scotland, Northern Ireland. |
| Dates | |
| Royal assent | 28 January 2016 |
| Commencement |
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| Other legislation | |
| Amends | |
| Replaces | Intoxicating Substances (Supply) Act 1985 |
| Text of statute as originally enacted | |
| Text of the Psychoactive Substances Act 2016 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Psychoactive Substances Act 2016 is a law in the United Kingdom intended to restrict the production, sale and supply of a new class of psychoactive substances often referred to as "legal highs". The bill was passed given Royal Assent on 28 January 2016, and came into force on 26 May 2016 across the entire United Kingdom.
The law defines as a "psychoactive substance" anything which "by stimulating or depressing the person’s central nervous system ... affects the person’s mental functioning or emotional state". The law bans all such substances but exempts alcohol, tobacco or nicotine-based products, caffeine, food and drink, medicinal products and any drug that is already regulated under the Misuse of Drugs Act 1971.
The Act:
The act also makes those offences punishable by a fine, or by up to a year in prison (six months in Northern Ireland) if convicted as a summary offence, or up to seven years if convicted under indictment. The Act also defines an offence of possession in a custodial institution (prison, young offenders institution etc.) which has the same penalties as the other offences, except the maximum prison term if convicted under indictment is two years.
The Act also describes a series of aggravating factors which judges or magistrates are obliged to consider in sentencing. These are:
In 2015, Home Office minister Mike Penning wrote a letter to representatives of the Roman Catholic Church and the Church of England to try to reassure them that incense would not fall under the jurisdiction of the bill and that churches would not face prosecution for use of incense during worship.
The Act was due to come into force on 6 April 2016. It was delayed indefinitely due to a lack of clarity as to what the meaning of "psychoactive" is, and what substances are covered by the law. It eventually came into effect on 26 May 2016. The Advisory Council on the Misuse of Drugs also told the Government that alkyl nitrites (poppers) were not covered by the law as they were not considered psychoactive, as they affected the muscles and not the central nervous system. The Government accepted this advice and has stated that poppers are not unlawful under the Act, but nevertheless poppers are not listed as exempted substances in Schedule 1 of the Act.
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