Overview of the Act
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This Act creates a blanket ban on the production, distribution, sale and supply of psychoactive substances in the United Kingdom.
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Section 2 defines a "psychoactive substance" for the purposes of the Act. Schedule 1 lists substances, such as food, alcohol, tobacco, caffeine, medicinal products and controlled drugs, which are excluded from the definition.
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Sections 4 to 9 make it an offence to produce, supply, offer to supply, possess with intent to supply, import, export, or possess in a custodial institution psychoactive substances. The maximum sentence for all these offences is seven years’ imprisonment, with the exception of possession in a custodial institution, which carries a maximum sentence of two years. Section 11 and Schedule 2 provide for exemptions to these offences, and enable regulations to be made to provide for further exemptions.
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Sections 12 to 35 provide for four civil sanctions – prohibition notices, premises notices, prohibition orders and premises orders (breach of the two orders will be a criminal offence) – to enable the police and local authorities to adopt a graded response to the production, supply etc of psychoactive substances in appropriate cases.
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Sections 36 to 54 provide for powers to stop and search persons, vehicles and vessels, to enter and search premises (under warrant) and to forfeit seized psychoactive substances and other items.
