MyNameIsTerry
10-05-16, 05:55
Hi all,
From 26th May 2016 there is a new Act of Parliament in place, the Psychoactive Substances Act 2016.
http://www.legislation.gov.uk/ukpga/2016/2/contents/enacted
This was originally intended to target legal highs but has been expanded to cover lots of other substances. I would imagine this is the use scattergun approach that ends up banning substances that are fine and in use in more progressive countries like the US (as seen in the DHEA, Melatonin & GABA banning years ago which are still OTC's in the US).
This covers the following:
For the purposes of this Act a substance produces a psychoactive effect in a person if, by stimulating or depressing the person’s central nervous system, it affects the person’s mental functioning or emotional state; and references to a substance’s psychoactive effects are to be read accordingly.
For the purposes of this Act a person consumes a substance if the person causes or allows the substance, or fumes given off by the substance, to enter the person’s body in any way
There are some exemptions from this Act:
- Caffeine
- Alcohol
- Nicotine
- Food*
* as long as the food doesn't contained any prohibited ingredients.
Please see Schedule 1 which explains this in more detail:
http://www.legislation.gov.uk/ukpga/2016/2/schedule/1/enacted
Drink is included in Food. The other 3 exempted substances must not also be in a product also containing another product now prohibited under this Act. So, if you buy a caffeine product that is bundled with something say like Phenibut, it will be classed as a psychoactive substance product.
There is more going on with this Act and potential future amendments but I've added this as I've seen the odd person using a substance that will probably be covered under this.
Something that seems unclear right now are some of the supplements we may use for anxiety. The only stuff I saw listed on the website that have been sending me updates is all their products that are more aimed to improving cognition, the typically viewed "nootropics", but I don't know about other supplements that can impact on mood. I assume they will continue to be sold because they are seen as outside of scope??? St Johns Wart for instance, could be seen as one of these.
Anyone got any ideas?
Possession is fine, but beyond that it will be an offence. I haven't checked but I wouldn't be surprised if possession includes a reasonable quantity clause (possession with intent to supply). See here but bare in mind you have to look at the quoted sections too (see table of contents tab):
http://www.legislation.gov.uk/ukpga/2016/2/section/11/enacted
http://www.legislation.gov.uk/ukpga/2016/2/section/7/enacted
Import & export is also covered.
http://www.legislation.gov.uk/ukpga/2016/2/section/8/enacted
There are also some difficult areas such as a medical professional can advise you to use something and it doesn't become an offence, but unless they record that it could become a problem.
When they release these things, I really wish they would publish a list of substances that could be checked for in an ingredients label. The we would know for sure what constitutes on of these substances.
From 26th May 2016 there is a new Act of Parliament in place, the Psychoactive Substances Act 2016.
http://www.legislation.gov.uk/ukpga/2016/2/contents/enacted
This was originally intended to target legal highs but has been expanded to cover lots of other substances. I would imagine this is the use scattergun approach that ends up banning substances that are fine and in use in more progressive countries like the US (as seen in the DHEA, Melatonin & GABA banning years ago which are still OTC's in the US).
This covers the following:
For the purposes of this Act a substance produces a psychoactive effect in a person if, by stimulating or depressing the person’s central nervous system, it affects the person’s mental functioning or emotional state; and references to a substance’s psychoactive effects are to be read accordingly.
For the purposes of this Act a person consumes a substance if the person causes or allows the substance, or fumes given off by the substance, to enter the person’s body in any way
There are some exemptions from this Act:
- Caffeine
- Alcohol
- Nicotine
- Food*
* as long as the food doesn't contained any prohibited ingredients.
Please see Schedule 1 which explains this in more detail:
http://www.legislation.gov.uk/ukpga/2016/2/schedule/1/enacted
Drink is included in Food. The other 3 exempted substances must not also be in a product also containing another product now prohibited under this Act. So, if you buy a caffeine product that is bundled with something say like Phenibut, it will be classed as a psychoactive substance product.
There is more going on with this Act and potential future amendments but I've added this as I've seen the odd person using a substance that will probably be covered under this.
Something that seems unclear right now are some of the supplements we may use for anxiety. The only stuff I saw listed on the website that have been sending me updates is all their products that are more aimed to improving cognition, the typically viewed "nootropics", but I don't know about other supplements that can impact on mood. I assume they will continue to be sold because they are seen as outside of scope??? St Johns Wart for instance, could be seen as one of these.
Anyone got any ideas?
Possession is fine, but beyond that it will be an offence. I haven't checked but I wouldn't be surprised if possession includes a reasonable quantity clause (possession with intent to supply). See here but bare in mind you have to look at the quoted sections too (see table of contents tab):
http://www.legislation.gov.uk/ukpga/2016/2/section/11/enacted
http://www.legislation.gov.uk/ukpga/2016/2/section/7/enacted
Import & export is also covered.
http://www.legislation.gov.uk/ukpga/2016/2/section/8/enacted
There are also some difficult areas such as a medical professional can advise you to use something and it doesn't become an offence, but unless they record that it could become a problem.
When they release these things, I really wish they would publish a list of substances that could be checked for in an ingredients label. The we would know for sure what constitutes on of these substances.