CPS addresses cases thrown out in relation to the Psychoactive Substances Law

The Act, which was brought into force in May 2016, makes it illegal to “produce, supply, offer to supply, possess with intent to supply, possess on custodial premises, import or export psychoactive substances”. The legislation takes into account many “legal highs”, psychoactive substances which were previously exempt from the law.

But due to many grey areas, the Act has proven difficult and often contradictory to implement. Two recent prosecutions relating to the Act - both of which involved alleged suppliers of Nitrous Oxide (NOS) - were thrown out, with courts hearing that NOS was exempt from the Psychoactive Substances Law. However, the government has since insisted that NOS is illegal under the Act.

There were 26 convictions under the Psychoactive Substances law in the first six months since implementation, and 500 arrests relating to the ban. 300 shops which previously sold psychoactive substances have since closed down or stopped selling “legal highs”. As part of this crackdown, some previous “legal” highs were elevated to class B substances.