A psychoactive substance is a drug or other substance that affects how the brain works by stimulating or depressing a person’s central nervous system. It affects a person’s mental functioning or emotional state and causes changes in mood, awareness, thoughts, feelings or behaviour.

Psychoactive substances include alcohol, caffeine, nicotine, marijuana, and certain pain medicines. Many illegal drugs, such as heroin, LSD, cocaine, and amphetamines are also psychoactive substances.

The Psychoactive Substances Act 2016 (‘the Act’) is the governing legislation and John Veale of Kangs Solicitors explains some of the offences which it creates and possible consequences of a conviction.

The Team at Kangs Solicitors provides vast experience to clients facing allegations of drugs offences of every nature.

Members of our team are ranked in the Legal 500 and also ranked in Chambers & Partners.

For an initial no obligation discussion, please call our Team at any of our offices detailed below:

What the Act States | Kangs Psychoactive Substances Offences Defence Solicitors

The Act provides the following sections:

4 Producing a psychoactive substance

‘(1) A person commits an offence if –

(a) the person intentionally produces a psychoactive substance,

(b) the person knows or suspects that the substance is a psychoactive substance and

(c) the person –

(1) intends to consume the psychoactive substance for its psychoactive effects or

(2) knows, or is reckless as to whether, the psychoactive substance is likely to be consumed by some other person for its psychoactive effects.

5 Supplying, or offering to supply, a psychoactive substance

(1) A person commits an offence if-

(a) the person intentionally supplies a substance to another person,

(b) the substance is a psychoactive substance,

(c) the person knows or suspects, or ought to know or suspect, that the substance is a psychoactive substance, and

(d) the person knows, or is reckless as to whether, the psychoactive substance is likely to be consumed by the person to whom it is supplied, or by some other person, for its psychoactive effects.

(2) A person (‘P’) commits an offence if

(a) P offers to supply a psychoactive substance to another person (‘R’) and  

(b) P knows or is reckless as to whether R, or some other person, would, if P supplied a substance to R in accordance with the offer, be likely to consume the substance for its psychoactive effects.’

Note:

It is not an offence for a person to carry on any activity if it is an exempted activity controlled by Regulations which may be made from time to time by the Secretary of State which may include, for example, the production of medicines or scientific research.

Excepted Substances | Kangs Legal Highs & Drugs Offences Defence Solicitors

Certain substances are not subject to the Act including:

  • Medical Products.
  • Alcohol.
  • Nicotine/tobacco products.
  • Substances ordinarily consumed as food that do not contain a psychoactive ingredient which is not naturally occurring in the substance and the use of which in or on food is not authorised.

Penalties For Breach | Kangs Criminal Defence Solicitors  

A person convicted of an offence faces the following penalties:

  • on summary conviction before a Magistrates’ Court: a fine, a maximum term of imprisonment of twelve months, or both.
  • on indictment before a Crown Court: a fine, a maximum term of imprisonment of seven years or both. 

Who Can I Contact For Advice & Help? | Kangs National Criminal Defence Solicitors

If you are, or anticipate becoming, the subject of a criminal investigation as a result of the use, production or supply of psychoactive substances you should not hesitate to seek professional advice and assistance.

Please not hesitate to contact the Team at Kangs Solicitors through any of the following who will be pleased to hear from you:

John Veale
jveale@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

Amandeep Murria
amurria@kangssolicitors.co.uk
0161 817 5020 | 0121 449 9888

Helen Holder
hholder@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888