On 6 April the Psychoactive Substances Act will come into effect, but what does this new law actually mean and what effect will it have?
Over the last few years, there have been increasing media reports of emerging New Psychoactive Substances (NPS). They are sometimes referred to as legal highs but this can be misleading and incorrect.
In 2010, the government introduced temporary 12-month bans on NPS, which enables the Advisory Council on the Misuse of Drugs an opportunity to run testing on the drug and evaluate the harm it could cause. They can then permanently ban it if necessary. Many NPS have been made illegal as result, so they can no longer be referred to as legal highs.
Also, the term legal highs suggests they that are safe to use, but this simply isn’t the case. In 2012, there were 52 deaths reported as a result of NPS use, and countless instances of individuals having an adverse reaction to them.
A psychoactive substance is defined as any drug which is capable of stimulating or depressing the central nervous system and affecting mental or emotional function. The exceptions to the law include controlled drugs and medicinal products, alcohol, nicotine, food, and caffeine.
The law has several key points:
- It will protect people from the risks of untested, unknown and potentially very harmful drugs. It will create a blanket ban prohibiting the production and distribution of new psychoactive substances.
- It will be an offence to produce, supply, offer to supply, possess with intent to supply, import or export a psychoactive substance.
- The law exempts healthcare professionals who have a legitimate need to use psychoactive substances in their work.
- Police can enforce stop and search powers on individuals or vehicles, and seize and destroy psychoactive substances.
The law places greater focus on the producers and suppliers of NPS, rather than the individuals using them, but we are still awaiting clarification on what the penalties for possession and supplying will be.
There is also some uncertainty on the impact the new Act will have on the existing illicit drug market. It is thought that the NPS which can no longer be sold legally may be passed over to drug gangs where it will be repackaged and sold on illegally.
It may be too early to predict what the long term outcomes of this law will be, but it can be guaranteed that it will have some impact on the landscape of drug use within the UK.
To understand the process of creating legislation in the UK, and how the Psychoactive Substances Act came into effect, read our earlier blog post!