Psychoactive Substances Act 2016 – reminder – in force 26 May 2016

After receiving Royal Assent earlier this year, the Psychoactive Substances Act 2016 comes into force throughout the UK on 26 May 2016. Principally, it will create four notable criminal offences, being:

• producing a psychoactive substance;
• supplying, or offering to supply, a psychoactive substance;
• possession of psychoactive substance with intent to supply; and
• importing or exporting a psychoactive substance.

Psychoactive substances are those intended for human consumption that are capable of producing a psychoactive effect. However, legitimate substances, such as food, alcohol, tobacco, nicotine, caffeine and medical products are excluded from the scope of the offences as are controlled drugs which will still be  regulated under the Misuse of Drugs Act 1971.

The four offences referred to above will also become ‘relevant offences’ for the purposes of the Licensing Act 2003 and Gambling Act 2005.