2 0 obj ��՚�0f��Z�9}o���0|!�jՓ�*M���.�GB6�����2"E������dn|Pu@hsѹz�7Vwph ��=h����'������+'��A��mN��5NE��r��/_:K�)D�e�R�T��$)��*��d��Z�tY�)w� �(�[��� k���n^�J@25?�g\� �5~��n[���0�H�[c�@͇�j|�0�ZBuc��y�.�jcV�l� Ci��������\_--3�ϔ�u/���\�)!m��E�Z8M9��z ��K�O�CN��f�oO�.����%���Y�yY����z��H �ÍF)ϧd`�~��2�".����bO�������-[�RV:yIl�D7F���U�΀{.U{�놷;>��)�"!B�C��$�e���Y���O'�^� 8� ~�k�4�n�Y4Uk����q,�,yB2�x �F ��ų� ����G���02���D�`_#�mc�����¿����! This has included a widening of the the profile of substances being reported to include new groups of substances [6] . This replaces the Radioactive Substances Act 1993 (RSA93), associated Exemption Order and the High-Activity Sealed Sources and Orphan Sources Regulations 2005. The Act makes it an offence to produce, supply or offer to supply any psychoactive substance, if the substance is likely to be used for its psychoactive effects, regardless of its potential for harm. ... Northern Ireland and Scotland. Various definitions for NPS exist and at the time of data collection for this research, there was no legal definition. 28. It introduces four civil sanctions, (breach of two of the orders are criminal offences); and provides for powers to stop and search persons, vehicles and vessels, to enter and search premises (under warrant) and to forfeit seized psychoactive s… 19/11/2018. The use of NPS in these settings proved to be a significant issue for staff in terms of management of people who use NPS, but also in terms of the harms that people who use NPS were experiencing. 3 0 obj endobj Psychoactive Substances Act 2016: guidance for researchers, 2016 This guidance is to help researchers comply with the Psychoactive Substances Act, which comes into effect on 26 May 2016 | Home Office, UK. The legal definition of a ‘psychoactive substance’, proposed in the Psychoactive Substances Bill, will therefore apply to enforcement agencies across the UK. Notifications to the EU Early Warning System have also risen rapidly, from 14 in 2005 to 98 in 2015 [7] . Misuse of Drugs Act 1971 (MoDA) Psychoactive Substances Act 2016 (PSA) Class A Class B Class C 4 Drugs, New Psychoactive Substances and Solvents. out more about cookies, Coronavirus (COVID-19): what you need to know. Alan Travis Home affairs editor. The Psychoactive Substances Bill will sit within the envelope of the Misuse of Drugs Act 1971 and is therefore a reserved matter. For example there was evidence of stimulant injecting reported in Ireland [23] when there seemed to be very little of this pattern of use being observed or reported in Scotland. SCJS found just under 2% of adults reported that they had taken any NPS (powders, pills, herbal mixtures or crystals that are sold as 'legal highs'), at some point in their lives. These include substances such as Phenazepam, Etizolam and Dicalzepam. They did not always distinguish NPS from 'traditional' drugs, and often did not know about, or in some cases care about, the legal status of a given substance. endobj <> Subpart 1 —Preliminary matters. out more about cookies, those not in education, employment, or training (, People in contact with or identified by mental health services. Poppers have been excluded from the Psychoactive Substances Act. The bill was given Royal Assent on 28 January 2016, and came into force on 26 May 2016 across the entire United Kingdom. )���ώuFc��E*X���z����H�5H��=X(Ǭ�䝋�Z��u�ҙ�����J*L���*�I���. There is no ‘safe’ way to take drugs – there is always a risk. Amongst MSM, the term G is used to refer to both GHB and GBL, thus the term 'G' or GHB/ GBL will be used. Psychoactive Substances Act 2016 (c. 2) 44. Possession of psychoactive substance with intent to supply. The aim of this study is to provide data on the patterns of use, motivations for and harms of NPS use amongst the following groups: The research questions driving this project were as follows: i. Law in the United Kingdom intended to restrict the production, sale and supply of a new class of psychoactive substances often referred to as "legal highs". Exempted substances. The Scottish Government commissioned this research in June 2015, in order to address the gap in current published work on NPS in Scotland. Following agreement by both Houses on the text of the Bill it received Royal Assent on 28 January. 'Chems' is an all-encompassing term which can include both NPS and what might be described as more traditional drugs. The 2015 SALSUS survey highlighted that 13% of 15 year olds had ever been offered NPS. In 2014, the Scottish Government established a programme of analytic work to develop the evidence base on NPS, including establishing a deeper understanding of the motives for, and harms of NPS use. This Act is the Psychoactive Substances Act 2013. In some cases this included outbreaks of serious bacterial infections [20] . New (or Novel) Psychoactive Substances ( NPS) are a category of substances, either manufactured or plant based, which seek to imitate the effects of illegal drugs [5] . Press Release. 'Unlicensed benzodiazepines' refer to benzodiazepines classified as medicines in other countries in Europe and elsewhere, but not licensed for medical use in the UK. This means that they are unlikely to capture young people who may be absent, truant or excluded from school, and the marginally housed [13,14] . Psychoactive Substances Act: guidance for retailers, 2016 alcohol, tobacco, medicines and controlled drugs, caffeine and foodstuffs such as nutmeg and chocolate]…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… 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." Their comparatively recent availability in Scotland, the fact that they have been sold in shops and online and their inclusion as NPS in DRD figures in Scotland coupled with anecdotal evidence from services has led to their inclusion as NPS for analysis within this study. There have also been ongoing concerns about substance use, and particularly NPS use in MSM who are engaging in drug use for the purpose of enhancing sex, known as 'chemsex'. Summary of the Psychoactive Substances Act 2016 This found a strong consensus for utilising the Drugs Wheel model [ Fig.1, below] to classify psychoactive substances. Excluded items (1) This section defines what is meant by “excluded items” for the purposes of section 43. NPS Use among vulnerable populations in Scotland, Find ii. Photograph: Christopher Thomond/The Guardian. Supplying, or offering to supply, a psychoactive substance. <>>> However, while specialist services have developed in England, Scotland has struggled to identify any patterns in reported use, and developing appropriate responses has been hampered by a lack of data. The Bill is now an Act of Parliament (law). � Meaning of “psychoactive substance” etc. The act: makes it … It is worth noting that some of the patterns of use observed elsewhere in the UK and in Ireland have not been reported in Scotland. Firstly, the emerging picture suggests there are distinctive issues amongst these groups where problem use is a significant feature. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> There has also been evidence of NPS use in acute mental health services, with NPS use identified in over a fifth of admissions in Edinburgh inpatient wards [22] . The act also identifies a Unlicensed benzodiazepines : Of particular note is one substance group which differs in some ways from other NPS. ... Subpart 2—Offences relating to psychoactive substances that are not approved products. However, there are limitations associated with these estimates. x���N�F���c�j0���]���L�HIH@ڇQLc�ھ��ff�?ڿ�s��*��mV����:�[�>�ض�C�h���Ӌ��O�}����m7�?No_�����YWm�Y��'�.����G��IBhr�p|D��# �2�E"h�8OnW�GY��?����?�p|�e��9�%�6����e~B���OČ������t|� N������4�w�+C��ϴ��di�V��ܷ*���e��^#�?_�x�d��I3�gGY�4�;��G����B�S�~��,��c������۸��)ӛ��ó� �� Gov.scot uses cookies which are essential for the site to work. The bill was given Royal Assent on 28 January 2016, [4] and came into force on 26 May 2016 across the entire United Kingdom. Chems: A final point to note is the use of the term 'chems' in the gay community and amongst MSM more widely. However, the Psychoactive Substances Act, which came into effect on 26 th May 2016, defined Psychoactive Substances as: "Any substance which is capable of producing a psychoactive effect in a person who consumes it, and is not an exempted substance [i.e. The only exemption to the Psychoactive Substances Act (PSA) is those substances already controlled by the Misuse of Drugs Act, nicotine, alcohol, caffeine, ‘poppers’ and medicinal products. Review of the Psychoactive Substances Act 2016 4 Executive Summary This review aims to measure as far as possible any changes in outcomes before and after the implementation of the Psychoactive Substances Act 2016 (PSA), to provide an indication of whether its aims are being achieved. The Psychoactive Substances Act 2016 ( PSA) [17] makes it an offence to produce, supply or offer to supply any psychoactive substance if the substance is likely to be used for its psychoactive effects, regardless of its potential for harm. By continuing to use this site, you agree to our use of cookies. ��Oռ�^�b��� E�� ��2muUi�� ���m�L�$���9�Hr���h�'Pv���Lw��9Uc�"� ���� ��ݏ�HZ�}���9��iQ����׹�_ې�ʾj�^�w�����}P�v�4@ �Yk;�R�#�qpye��12x� ��?Y]�?���(e*�A^X��|@ U�����\�+{RZ��F+���=�i�Q�1��K��U���� %PDF-1.5 Consumption of drugs controlled under the Misuse of Drugs Act 1971 is not unlawful and neither is possession of substances under the Psychoactive Substances Act 2016. From the NRS DRD figures in 2015, NPS were implicated in 74 deaths, with 3 where NPS were the only substance present. PSYCHOACTIVE SUBSTANCES ACT 2016 - Enforcement and Health Workshops - 04 March 2016. 4. Where specific drugs are named in definitions of chemsex, these tend to be crystal methamphetamine, mephedrone and GHB/ GBL. Drug Misuse: This briefing adopts the World Health Organisation definition of drug misuse as “the use of a substance not consistent with legal or medical guidelines.” (WHO, 2006). Since 2008, 644 NPS have been reported to the United Nations Office on Drugs and Crime ( UNODC) Early Warning Advisory on NPS. In addition, poly-drug use is common, and in the majority of cases, traditional drugs either play a key role in that death, or remain the main cause of death. However, on 26 May 2016 the New Psychoactive Substances Act became law and it is now an offence to produce, supply or offer to supply any psychoactive substance if the substance is likely to be used for its psychoactive effects. In recent years, there has been much public debate about NPS use in Scotland. What are the stated motivations for experimenting with and continued use of NPS among target populations in Scotland? 7. 70: Offences relating to psychoactive substance that is not approved product: 71: Offence relating to personal possession of psychoactive substance that is not approved product: Whatever your view is on drugs, they can be very dangerous to your health and CAN KILL. The extent and nature of 'chemsex' in Scotland has been the subject of much discussion [21] . In 2014 alone, new psychoactive substances were implicated in, or potentially contributed to, 62 deaths in Scotland. A logic model approach is used, where Data on Scotland is presented in the context of UK and international evidence. On 1 September 2018, the Environmental Authorisations (Scotland) Regulations 2018 (EA(S)R) came into force for radioactive substances activities in Scotland. In this study, the approach taken was to work with, and use, participants' own understandings of what constitutes NPS, or as participants commonly called them, legal highs or 'legals'. Therefore, within the broad definition described above, substances were categorised according to their effects. Following the Scottish Government's evidence review [18] and suggestions from the NPS Evidence Group, it was proposed [19] that research into the motives, prevalence, and harms of NPS-use amongst vulnerable or potentially at risk populations was conducted. During 2014 in England, Scotland and Wales there were a reported 129 deaths where new psychoactive substances were implicated. Early concerns were raised by frontline services, including Accident and Emergency departments who were identifying acute NPS intoxication, and mental health services who were reporting both new and existing patients with significant issues potentially linked to NPS use. As a result, the analysis presented here follows the participants' understandings of NPS, regardless of their legal status at the time of writing, data collection or event recalled. Aggravation of offence under section 5. The aim of the Act is to protect the health of, and minimise harm to, individuals who use psychoactive substances. Prevalence of NPS use in Scotland from traditional drug prevalence estimates such as the Scottish Crime and Justice Survey ( SCJS), and Scottish Schools Adolescent Lifestyle and Substance Use Survey ( SALSUS) suggests that use amongst the general population is low. Psychoactive Substances Act prosecutions (R016015) Thank you for your e-mail in which you requested the following information under the Freedom of Information (Scotland) Act 2002 (FOISA): "To request the number of prosecutions in Scotland under the Psychoactive Substances Act since it came into force on May 26, 2016, and to request breakdown of any such cases in terms of offence type and date." 8. Producing a psychoactive substance. The Psychoactive Substances Act will come into force on the 6th April 2016.1 The Act will make it an offence to produce, supply or offer to supply any psychoactive substance if the substance is likely to be used for its psychoactive effects and regardless of its potential for harm. In February 2016, the Scottish Government published the results of a stakeholder consultation on defining NPS [25] . iii. The Psychoactive Substances Act, which has reached the statute book, has been delayed following claims that its current definition of a psychoactive substance is not enforceable by the police. From as early as 2009, enquiries about NPS were being made to national drug support and information agencies, including Scottish Drugs Forum. 2 Commencement. The question of whether such behaviours were being missed or whether they could be predicted to develop is partly answered in this report. This approach is useful for this research because it reflects the way that users commonly categorise the substances they take - i.e. On Friday 04 March 2016, the Scottish Government hosted two events on the Psychoactive Substances Act 2016. New Psychoactive Substances (NPS), also known as “legal highs”, have risen to prominence in recent years, and stakeholders across Scotland have raised concerns about the impact of these substances on individuals, services and local communities. This has resulted in a rapidly changing drug use landscape [9] with some NPSs remaining on the market for a long time (such as mephedrone and other cathinones) with others only being reported briefly before disappearing from the market [10] . f;��' The Psychoactive Substances Act 2016 [3] is a law in the United Kingdom intended to restrict the production, sale and supply of a new class of psychoactive substances often referred to as "legal highs". 3 Purpose. The Home Office has also said that “Poppers” or alkyl nitrates do not fall under the Act. How are the harms associated with the use of NPS understood by those who use them and those who provide specialist services to target populations in Scotland? The only exemptions from the Act are those substances already controlled by the Misuse of Drugs Act 1971 ( MDA), and nicotine, alcohol, caffeine, medicinal products and specified foodstuffs. 5. Find Today the Home Office released a review of its 2016 Psychoactive Substances Act (PSA) which introduced a blanket ban on the production, distribution, sale and supply of most psychoactive substances including former ‘legal highs’. 3. The most commonly implicated NPS in these 74 deaths were benzodiazepine-type NPS such as phenazepam, etizolam, and diclazepam [16] . A blanket ban on so-called legal highs comes into force across the UK, with new laws criminalising their production, distribution, sale and supply. The profile of NPS-related deaths follows a fairly typical pattern to other DRDs in Scotland, with those experiencing fatalities being on the whole from vulnerable populations. Part 1 Preliminary provisions. Over the last few years, Scottish statistics on Drug Related Deaths ( DRD) [15] have shown a significant increase in the recording of NPS present at time of death, rising from four deaths in 2009 to 112 deaths in 2015. 24 New Psychoactive Substances Act 2016. The Psychoactive Substances Act. Use of NPS was higher amongst younger age groups, with 4% of 16-24 year-olds reporting having ever used 'legal highs' [11] . What is the prevalence of use of different categories of NPS amongst target populations in Scotland? More recently, there have been concerns about use among existing intravenous drug users, particularly injectors in Edinburgh and Lothian who were experiencing injecting-related injuries as a consequence of ethylphenidate injecting. However, a lower proportion reported use: approximately 5% of 15 year olds reported ever using one or more NPS, and of these, 2% reported having taken at least one NPS in the last month [12] . Any data collected is anonymised. For immediate release. Psychoactive substances are regulated in New Zealand by the Psychoactive Substances Act 2013. The Psychoactive Substances Act 2016 received Royal Assent on 28 January 2016 coming into force on 6 April 2016. Up until recently NPS were not controlled under legislation (Misuse of Drugs Act 1971) in the UK. 1 0 obj The act contains provision for psychoactive substances, defining what a psychoactive substance is and outlining offences related to them. that they are like another substance with a similar effect - rather than being concerned with other possible categorisations - legal status or route of administration, for example. Prior to the PSA coming into force, the two key legal instruments which affected the production, supply, and possession of NPS in the UK were the Misuse of Drugs Act ( MDA) 1971 and Temporary Class Drug Orders ( TCDOs) 2011. There are exemptions in the Act to cover things like medical products, food, caffeine, alcohol and nicotine. [24]. ���KMŏa�e�n7����\��>k�r�YG�!T�Tی���5�PʳTʷ���(f� w��=!Yuj|�{]���b��*��Κ���dF�_ �!v-~��%���s6�w ����`�g�Hζ5>Q��Wܴ�ǯ�ֿ� ��V����v�z.f�� Anecdotal evidence from services suggested high rates of unlicensed benzodiazipine use. It was established through information and training requests that NPS use was an emerging issue faced by homelessness services, and services for looked after and accommodated children and vulnerable young people. Psychoactive Substances Act 2016. 2. Definition of NPS In the UK, the Advisory Council on the Misuse of Drugs (ACMD) defines ‘new psychoactive substances’ as: “psychoactive drugs which are not prohibited by the United Nations Single Convention on Narcotic Drugs or by the Misuse of Drugs Act The advice of Police Scotland is straightforward – DON’T TAKE DRUGS. Globally, in recent years the number of NPS being reported has grown exponentially. Psychoactive substances. Radioactive substances. This Act comes into force on the day after the date on which it receives the Royal assent. For the purposes of this report we will refer to them as benzodiazipine-type NPS. Nitrous oxide (laughing gas) is exempt when used in food preparation (usually as a propellant for whipped cream).
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