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).