Police ready to use new powers to prevent harm caused by psychoactive substances

News from our partners West Mercia Police and Warwickshire Police

New legislation covering psychoactive substances, often referred to as so-called ‘legal highs’, comes into effect this Thursday (26 May 2016), with offenders potentially facing up to seven years in prison.

The Psychoactive Substances Act will provide a blanket ban on the production, supply and importation of psychoactive substances; that is, any substance intended for human consumption that is capable of producing a psychoactive effect. Legitimate substances, such as food, alcohol, tobacco, nicotine, caffeine and medical products, are excluded.

The legislation will fundamentally change the way police forces tackle these substances, and will make new drugs that appear on the market illegal quicker than ever before.

West Mercia Police and Warwickshire Police will be policing the act in a practical and proportionate manner, as well as placing a great emphasis on an educational and preventative approach, along with partner agencies.

Detective Chief Inspector Ally Wright, business lead for drugs for the alliance, said:

“We are committed to preventing the harm caused by illegal drugs, and this legislation gives us new powers to tackle psychoactive substances.

“The effects of these substances can be devastating, even fatal. Users can never be sure of exactly what they contain, the side effects they could have or what long-term damage they could cause. We would urge people never to even consider taking them.

“We will take action where we find people committing offences under this act. Punishments range from a prohibition notice, which is a formal warning, to seven years in prison.”

Officers have been given powers to stop and search people, vehicles and vessels, enter and search premises in accordance with a warrant, and to seize and destroy psychoactive substances.

Advice and support can be found at www.talktofrank.com.

People who have information about the supply of psychoactive substances are encouraged to contact us by calling 101, or this information can be passed on anonymously by contacting the independent charity Crimestoppers on 0800 555 111 or by visiting www.crimestoppers-uk.org.

Further information

What is banned?

There is a blanket ban on the production, supply and importation of psychoactive substances; previously often referred to as so-called ‘legal highs’.

These are substances intended for human consumption that are capable of producing a psychoactive effect.  Alcohol, tobacco and caffeine are excluded, and there are also exemptions for food and medical products.

Remember giving psychoactive substances to friends could result in supply charges and therefore up to seven years in prison.

There are very high risks involved in taking psychoactive substances; users can never be sure of exactly what they contain, the side effects they could have or what long-term damage they could cause. The effects of taking them can be fatal. For confidential advice and support on drugs go to www.talktofrank.com.

How will police enforce this legislation?

The new legislation will be policed in a proportionate manner. West Mercia Police and Warwickshire Police are committed to reducing the harm caused by all drugs and will adopt a practical, common sense approach.

Where the intelligence case is made we will pursue producers and suppliers of any psychoactive substances.  The legislation also gives police the power to shut down websites trading in these potentially dangerous drugs.

Prevention, education and health services all have a crucial role to play too.

What will police be doing to remove psychoactive substances from head shops?

West Mercia Police and Warwickshire Police are working closely with partners, such as local authorities and Trading Standards, to raise awareness of the changes. We will continue to support education around psychoactive substances.

What punishment is available?

The application of the law is purposeful and proportionate to individual circumstances. A variety of options exist including warnings, Penalty Notices for Disorder and referral schemes. Selling psychoactive substances could result in seven years in prison.

How much is seen to be for personal use?

When enforcing this legislation officers will be required to use their judgement based on the evidence they have gathered. This will enable them to determine if the quantity is for supply or personal use.

Are officers able to stop and search people?

Under section 36 of the Psychoactive Substances Act officers will have the power to stop and search people when they have reasonable grounds to suspect that a person has committed, or is likely to commit, an offence.  Officers may search a person for relevant evidence and stop and detain the person for the purposes of the search.  If an unidentified substance is found an officer will use their judgement based on the evidence available to determine the appropriate course of action.

Is possession of a psychoactive substance an offence under the act?

Possession of a psychoactive substance is not an offence, except in a custodial institution (eg prison, young offender centre). Possession with intent to supply, importing or exporting a psychoactive substance are all offences.

Psychoactive substances often contain substances which are illegal under the Misuse of Drugs Act, as well as potentially being very dangerous health wise, possession would in this case be an offence.

Will other drugs, which are already illegal, come under this act?

Illegal drugs, such as cannabis, cocaine and ecstasy, will continue to be controlled under the Misuse of Drugs Act.