Collection

Psychoactive Substances Act 2016

This page contains an overview of the Psychoactive Substances Act and supporting documents.

• From: Home Office
• Published: 29 May 2015
• Last updated: 19 November 2018 — See all updates

The Psychoactive Substances Act received Royal Assent on 28 January 2016. The act applies across the UK and will come into force on 26 May 2016.

The act:

• makes it an offence to produce, supply, offer to supply, possess with intent to supply, possess on custodial premises, import or export psychoactive substances; that is, any substance intended for human consumption that is capable of producing a psychoactive effect. The maximum sentence will be 7 years’ imprisonment

• excludes legitimate substances, such as food, alcohol, tobacco, nicotine, caffeine and medical products from the scope of the offence, as well as controlled drugs, which continue to be regulated by the Misuse of Drugs Act 1971

• exempts healthcare activities and approved scientific research from the offences under the act on the basis that persons engaged in such activities have a legitimate need to use psychoactive substances in their work

• includes provision for civil sanctions – prohibition notices, premises notices, prohibition orders and premises orders (breach of the 2 orders will be a criminal offence) – to enable the police and local authorities to adopt a graded response to the supply of psychoactive substances in appropriate cases

• provides powers to stop and search persons, vehicles and vessels, enter and search premises in accordance with a warrant, and to seize and destroy psychoactive substances

Documents

These are documents relating to the act.

• Review of the Psychoactive Substances Act 2016
  • 19 November 2018
  • Research and analysis
• Psychoactive Substances Bill: overarching documents
  • 29 April 2016
  • Policy paper
• Psychoactive Substances Act: guidance for retailers
  • 8 November 2023
  • Guidance
• Psychoactive Substances Act: guidance for researchers
  • 20 May 2016
  • Guidance

Where can I find more information?

The Psychoactive Substances Act and the accompanying explanatory notes are available on the Parliament website.

Other reports

Both the Scottish Government and the National Assembly for Wales Health and Social Care Committee conducted reviews into psychoactive substances.

The Scottish Government report

The National Assembly for Wales report

Background documents

• New psychoactive substances review: report of the expert panel
  • 30 October 2014
  • Policy paper
• Response to expert panel report on the new psychoactive substances review
  • 30 October 2014
  • Policy paper
• New psychoactive substances in England: a review of the evidence
  • 30 October 2014
  • Policy paper

Published 29 May 2015
Last updated 19 November 2018 + show all updates

1. 19 November 2018

   Review of the operation of the act published.

2. 20 May 2016

   Updated to include guidance for retailers and researchers ahead of the commencement of the act

3. 5 May 2016

   Updated to include the date the act comes into force

4. 29 January 2016

   Information about the new act published.

5. 29 May 2015

   First published.