Last amended by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 in 2022. 3 recorded amendment effects (legislation.gov.uk changes data).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Psychoactive Substances Act 2016 introduced a blanket ban on the production, supply, and possession with intent to supply of any substance capable of producing a psychoactive effect in a person, unless exempted. It was designed to tackle the rapid emergence of 'legal highs' — novel psychoactive substances that fell outside the classification system of the Misuse of Drugs Act 1971.
Key Points
- Blanket ban on psychoactive substances — any substance producing a psychoactive effect (s.2)
- Exempted substances: alcohol, tobacco, nicotine, caffeine, food, and medicinal products (Schedule 1)
- Offences of production, supply, offering to supply, possession with intent to supply, and import/export (ss.4–8)
- Possession for personal use is not an offence (except in a custodial institution) (s.9)
- Maximum sentence of 7 years' imprisonment for production or supply (s.10)
- Prohibition and premises orders (ss.12–21)
- Blanket ban approach — covers any substance capable of producing a psychoactive effect, with specific exemptions
- Exempted substances: controlled drugs (covered by MDA 1971), alcohol, tobacco, nicotine, caffeine, food, and medicinal products
- Offences: production, supply, offering to supply, possession with intent to supply, and importation
- Simple possession is not an offence (unlike controlled drugs under MDA 1971)
- Prohibition orders and premises orders — civil powers to close premises used for supply
- Maximum 7 years' imprisonment for production or supply
Parts & Sections
Amendments History
2016 — The Psychoactive Substances Act 2016 (Commencement) Regulations 2016
68 commencement (coming-into-force) effects (legislation.gov.uk changes data).
2019 — The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019
14 recorded amendment effects (legislation.gov.uk changes data).
2020 — Sentencing Act 2020
9 recorded amendment effects (legislation.gov.uk changes data).
2022 — The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023
3 recorded amendment effects (legislation.gov.uk changes data).
2003 — The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022
3 commencement (coming-into-force) effects (legislation.gov.uk changes data).
Frequently asked questions
- What does the Psychoactive Substances Act 2016 actually ban?
- The Psychoactive Substances Act 2016 makes it illegal to produce, supply, offer to supply, possess with intent to supply, or import or export any substance capable of producing a psychoactive effect. This blanket ban was introduced to address novel psychoactive substances, often called 'legal highs', which previously fell outside the Misuse of Drugs Act 1971 classification system.
- Is it illegal to possess a psychoactive substance for personal use?
- No, simple possession of a psychoactive substance for personal use is not a criminal offence under the Act, except if the person is in a custodial institution. This differs from controlled drugs under the Misuse of Drugs Act 1971, where possession is generally illegal. However, possession with the specific intent to supply remains a serious criminal offence.
- Which substances are exempt from the Psychoactive Substances Act?
- The Act exempts several common substances from its blanket ban. These include alcohol, tobacco, nicotine, caffeine, food, and medicinal products. Additionally, substances already classified as controlled drugs under the Misuse of Drugs Act 1971 are exempted from this specific legislation, as they are regulated under that separate framework.
- What is the maximum sentence for supplying a psychoactive substance?
- The maximum penalty for the offences of producing or supplying a psychoactive substance is seven years' imprisonment. This applies to individuals found guilty of manufacturing the substances or distributing them to others, including offering to supply or importing/exporting them.
- Can the police close shops that sell these substances?
- The Act provides civil powers for authorities to issue prohibition orders and premises orders. These orders can be used to close or restrict access to premises that are being used for the supply of psychoactive substances, offering a tool to disrupt distribution networks without necessarily relying solely on criminal prosecution of individuals.