The UK has seen a rise in new substances and products that mimic the effects of traditional controlled drugs such as cannabis, cocaine, amphetamine and MDMA (ecstasy). These are known as psychoactive substances.
These new substances, with other substances that have been used as intoxicants for many years, such as nitrous oxide are often referred to as ‘legal highs’. Hence the Psychoactive Substances Act 2016, which comes into effect on May 26. The Home Office has brought out guidance for retailers.
All substances that were covered by the Intoxicating Substances (Supply) Act 1985 (ISSA) will now be covered by this 2016 Act. They include:
– solvent-based glues
– correction fluids/thinners
– marker pens
– any kind of aerosols
– anti-freeze
– nail varnish/nail varnish remover; and
– nitrous oxide (as contained in whipped cream canisters for example).
The age restrictions in the ISSA are replaced by the new offences. Retailers should be aware that the offences no longer relate just to the supply to young people but affect supply to people of any age. As with ISSA, an offence will be committed if the substance is supplied to somebody acting on behalf of someone else who will consume it, known as ‘proxy purchasing’.
What should a retailer actually do?! The Government points to steps that retailers have previously taken to comply with ISSA which could include:
– warning signs in store or on products themselves
– training to help staff assess the likelihood that products are being bought for their psychoactive effect
– updating training and age-restriction policies previously used under ISSA (young people are considered to be a particular risk group); and
– limiting quantities of substances to be sold in one purchase.
The Home Office expects that responsible retailers might agree primary authority relationships covering the act which replace previous agreements covering the sale of intoxicating substances. For example, a retailer might choose to agree guidance with a primary authority outlining how its stores will manage the sale of the products. A retailer which sells a wide variety of products entirely legitimately may not be able to find out whether every product they sell might be psychoactive, but they should be aware that some household goods can also be abused. If retailers become aware of this happening they should apply measures which will restrict the opportunity for its abuse. Also, businesses should take what the Home Office terms ‘all reasonable steps’ to discharge due diligence in selling online. The guidance document suggests monitoring customer feedback of high risk products (such as nitrous oxide).
For how the Co-op has made a similar primary authority agreement with Nottinghamshire Police over its lone worker alarm response and other security and crime work, as featured at the Retail Risk conference in London in April, see the June print issue of Professional Security magazine.
For queries you can email the Home Office Drugs and Alcohol Unit at [email protected]. For more on legal highs, which can be smoked, snorted or swallowed, are substances that have similar effects to illegal drugs, visit: http://www.nhs.uk/Livewell/drugs/Pages/legalhighs.aspx.
PCC welcome
Labour’s Northumbria Police and Crime Commissioner, Vera Baird, welcomed the Psychoactive Substances Act. She said: “Time and time again I have been raising the matter of so-called legal highs with the Home Office – appealing for much stronger action against those who make and sell these products. Finally we have the act I have been waiting for – which will bring an end to the open sale of these harmful and addictive drugs on our streets.
“I welcome the new powers for law enforcement to tackle this issue, which will be of great benefit to our officers. We’ve been working hard with local partners as part of anti-sociable behaviour clampdowns in Sunderland and as part of a taskforce set up in Newcastle tackling the issue head on. Good progress is being made – but we’ve still got a way to go.
“These so-called ‘legal highs’ are not safe – it’s as simple as that and I remain fully committed to ensuring our officers do all they can to eradicate this abhorrent trade. The new tough sentences show how seriously the matter is being taken and we will do all we can to get those responsible before the courts and locked up.”
Police comment
National Police Chiefs’ Council Lead for New Psychoactive Substances, Commander Simon Bray said: “This new legislation is a very positive step forward. It highlights the government’s commitment to supporting law enforcement, including the police, in our efforts to combat dangerous drugs. A blanket ban on new psychoactive substances will make it simpler to deal with those drugs which are unsafe but may not yet be controlled. It will also make it easier to tackle so called ‘legal highs’ which may contain mixtures including already illegal drugs.
“Forces are committed to reducing the harm caused by all drugs and welcome an educational and preventative approach in the policing of psychoactive substances.”
LGA comment
Simon Blackburn, chair of the Local Government Association (LGA) Safer and Stronger Communities Board, said: “Legal highs are a scourge on society and shatter lives. People using these intoxicating substances are putting their lives, and those of others, at risk by consuming these untested chemicals which can have devastating and unpredictable consequences, including death.
“From today ‘legal highs’ will be as illegal as drugs banned under the Misuse of Drugs Act that they tried to mimic. The new blanket ban on psychoactive substances should help to reduce anti-social behaviour linked to their use which has been harming communities and blighting town and city centres for residents and visitors for too long.
“Councils have made every effort to crack down on these substances and the unscrupulous traders selling them, which has seen so-called ‘head shops’ closed down, intoxicating substances seized, on-the-spot fines issued and successful prosecutions.
“However, this work relied on laws designed for very different purposes, making it much harder for councils and the police to tackle the problem.
“Councils have long called for new powers to stop the sale of new psychoactive substances. This blanket ban emphasises the dangers these substances pose and anyone caught producing, distributing, selling or supplying them could now receive a prison sentence, which should serve as a strong deterrent.
“Councils will work with the police on this new ban to protect our communities and highlight the risks of these substances to our residents, especially young people.
“We are aware of the risk that the sale of psychoactive substances will now move onto the ‘dark web’ – a network of untraceable online activity and hidden websites – and would welcome the Government putting additional resources into tackling the online threat.”
