Supply of a psychoactive substance and offering to supply

While many of these drugs were once legal, under the Psychoactive Substances Act, 2016, it is now illegal to produce, supply, or import them for human consumption, including for personal use.

However, possession for personal use is not an offence.

The law came into force on 26^th May 2016 and creates a criminal offence to the following:

• To produce, supply, offer to supply, possess with intent to supply, possess on custodial premises.
• To import or export psychoactive substances; that is, any substance intended for human consumption that is capable of producing a psychoactive effect.

There are three mental elements of the supply offence:

• The prosecution must show that the supplying of the substance is intentional.
• The defendant must have known or suspected, or ought to have known or suspected, that the substance is a psychoactive substance.
• The defendant must know, or be reckless as to whether, the psychoactive substance is likely to be consumed by the person to whom it is supplied or another person for its psychoactive effects

The maximum sentence is up to 7 years’ imprisonment.

Here at Johnson Astills we provide expert legal advice, should you find yourself charged with this offence please contact our offices who will be able to advise you further.

Johnson Astills are experts in criminal law, and are able to assist 24 hours of the day whether at the police station or at Court. If you need advice or assistance from the criminal department at Johnson Astills , please contact us on 0116 255 4855.

To discuss any offences please contact our Criminal Defence Team at Johnson Astills at our Leicester office on 0116 2554855 or our Loughborough office on 01509 610312.