What are new psychoactive substances?

‘New psychoactive substances (also sometimes known as 'Legal highs’) are substances designed to produce similar effects to illegal drugs such as cocaine, cannabis and ecstasy, but have been created so that their chemical structure was different enough to avoid being classified as illegal substances under the UK Misuse of Drugs Act 1971. These substances are now illegal since 26^th May 2016 when the Psychoactive Substances Act became law.

What will happen to the existing laws?

The Act doesn’t replace the Misuse of Drugs Act (1971) so laws around existing illegal (controlled) drugs will remain the same. Temporary Class Drug Orders (TCDOs), which are rapidly implemented temporary bans, can still be applied and the Human Medicines Regulations (2012) will remain the same.

Is it a criminal offence to possess a banned psychoactive substance?

Possession of a psychoactive substance will not be an offence, except in a ‘custodial institution’ (prison, young offender centre, removal centre etc.). Possession with intent to supply, importing or exporting a psychoactive substance will all become offences.

What happens if a person is stopped and searched by the Police and they have a substance in their possession?

Police have powers to stop and search individuals and premises, however possession of psychoactive substances will not be an offence. Which substances are actually psychoactive is far from legally clear at present. Currently the Association of Chief Police Officers (ACPO) guidance states that a ‘legal high’ should be treated like a controlled drug until proven otherwise. There will presumably be further ACPO guidance issued in relation to the new Act.

Is it illegal to buy or import banned substances using a foreign website?

The importing of a psychoactive substance would include buying a psychoactive substance from a non-UK based website, which may lead to individuals being prosecuted. It is important that users understand this - especially if this is the means by which they currently buy substances.

What will happen to outlets which currently sell the substances?

The Act is intended to act against shops and websites supplying ’legal highs’. If the experience of similar legislation introduced in Ireland is repeated, the visible outlets or ‘head shops’ that sell the to-be-banned substances will most likely disappear. The Act is also quite specific in that the onus is on the sellers and producers of a substance to ensure it is not ‘likely’ to be consumed for its psychoactive effects.

What are the penalties that can be imposed under the Act?

The penalties that can be imposed under the Psychoactive Substances Act are laid out below. It's important to note that if you were convicted of this crime, this can affect your future career and could lead to explusion from University.

Long term issues

Like any drug use, use of new psychoactive substances can quickly spiral out of control. The long term effects can be serious, similar to other drugs and are not just physical.  Your life can be affected in all sorts of negative ways - everything from losing your job to hurting friends and family or even worse. It’s just not worth the risk.

Finding support

To find your nearest support outlet, please click here or contact LJMU Student Advice and Wellbeing via studentadvice@ljmu.ac.uk.