Psychoactive Substances Bill

We previously reported on the Government's temporary ban on five legal highs here.

In the Queen's Speech 2015, the Government has confirmed its intention to introduce the Psychoactive Substances Bill in order to make it an offence to produce, supply, offer to supply, possess with intent to supply, import or export psychoactive substances (any substance intended for human consumption that is capable of producing a psychoactive effect). The maximum sentence will be seven years' imprisonment.

Products of this type have been around for a considerable time with some seeking to circumvent legislation by claiming not to be for human consumption but instead claiming to be a range of products including bath salts! It will be very interesting to see how or if the Government will try and close this loop hole; we will have to wait for the draft Bill to see what they are planning in this regard.

The focus will be on the supply of new psychoactive substances (NPS) and so will not include a personal possession offence in line with the recommendation of the NPS Expert Panel.

Alcohol, tobacco, caffeine, food and medical products will be excluded from the scope of the offence and controlled substances will continue to be regulated by the drug legislative framework in the Misuse of Drugs Act 1971.