Psychoactive substances

2Meaning of “psychoactive substance” etc

1

In this Act “psychoactive substance” means any substance which—

a

is capable of producing a psychoactive effect in a person who consumes it, and

b

is not an exempted substance (see section 3).

2

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.

3

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.

3Exempted substances

1

In this Act “exempted substance” means a substance listed in Schedule 1.

2

The Secretary of State may by regulations amend Schedule 1 in order to—

a

add or vary any description of substance;

b

remove any description of substance added under paragraph (a).

3

Before making any regulations under this section the Secretary of State must consult—

a

the Advisory Council on the Misuse of Drugs, and

b

such other persons as the Secretary of State considers appropriate.

4

The power to make regulations under this section is exercisable by statutory instrument.

5

A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.