Psychoactive Substance

The 'Meaning of “psychoactive substance”' is set out in s.2 of the Psychoactive Substances Act 2016. A substance qualifies if it 'is capable of producing a psychoactive effect in a person who consumes it, and' it 'is not an exempted substance (see section 3).' The Act defines a psychoactive effect by reference to a substance stimulating or depressing a person's central nervous system so as to affect their mental functioning or emotional state.

GOV.UK guidance on drugs penalties confirms the exemption in practical terms, stating that 'Food, alcohol, nicotine, caffeine, medicine and illegal drugs do not count as psychoactive substances.' Simple possession of a psychoactive substance outside prison carries no penalty under the Act, but supplying, producing, or possessing one with intent to supply is an offence. The Act was introduced to close the market in so-called 'legal highs' by targeting the psychoactive effect of a substance rather than relying on a list of specifically named drugs, as under the Misuse of Drugs Act 1971.