Psychoactive Substances

Question 1

What is a Psychoactive Substance?

Answer 1

Substance that:

Are not Controlled Drugs and _

• Stimulate or depress a person’s central nervous system.
• Affect a person’s mental functioning
• Affect a person’s emotional state.

Question 2

Is possession of a Psychoactive Substance an offence?

Answer 2

No possession alone is not:

• Producing (S.4 Psychoactive Substances Act 2016)
• Supplying or offering to supply (S.5 PSA)
• Importing or exporting (S.8 PSA)
• Possession in a custodial institution (S.9 PSA)

Question 3

Which act covers offences related to Psychoactive Substances?

Answer 3

Psychoactive Substances Act 2016

Question 4

Which substances are exempted from the Psychoactive Substances Act?

Answer 4

• Controlled drugs (Misuse of Drugs Act 1971)
• Medicinal-products
• Alcohol
• Nicotine and tobacco products
• Caffeine and caffeine products
• Alkylnitrates (Poppers)

Question 5

Aggravating factors under the Psychoactive Substances Act 2016?

Answer 5

• Offence was committed on or in the vicinity of school.
• The offender used a courier who, at the time of the offence was committed, was under the age of 18.
• Offence was committed in a custodial institution.

Question 6

Which search power can you use to search for psychoactive Substances?

Answer 6

• S.36 Power to stop and search persons (PSA 2016)
• S.37 Power to enter and search vehicles
• S.38 Power to board and search vessels or aircraft.
• S.39 Power to enter and search premises#

You are searching for evidence of supply, PWITS, production, import or export. Not possession!