Question to the Home Office:

To ask His Majesty's Government what policy changes they are actively considering, formulating and developing in relation to the Advisory Council for the Misuse of Drugs report sent to the Home Secretary in December 2016, titled Interaction and relationship between the Misuse of Drugs Act 1971 and the Psychoactive Substances Act 2016; and when they expect this policy process to conclude.

The Psychoactive Substances Act 2016 (PSA) was designed to complement the Misuse of Drugs Act 1971 (MDA), by introducing civil sanctions and offences for those who produce, possess with intent to supply, supply, offer to supply and import or export new psychoactive substances which are not controlled under the MDA or which are not otherwise exempt. One of the important safeguards which the PSA provides is ensuring there are no gaps in law enforcement powers to tackle newly emerging harmful drugs. This is in the context that prior to 2016 criminal gangs were designing new psychoactive drugs with different chemical structures in order to evade MDA controls. Substances can be moved into the MDA following advice on their harms from the Advisory Council on the Misuse of Drugs (ACMD) and subject to the decisions of Ministers.

A review of the PSA published in 2018 found that there is no evidence that the PSA has adversely affected the process or timeliness with which substances can be controlled under the MDA, with substances continuing to be controlled after the Act was introduced. Review of the Psychoactive Substances Act 2016 (publishing.service.gov.uk). The government keeps all legislation under review, but has no plans to change either legislative regime substantially.

The report referred to as ‘Interaction and relationship between the Misuse of Drugs Act 1971 and the Psychoactive Substances Act 2016’ was shared with the Home Office in confidence by the ACMD and is not a public document. One recommendation has been made public, concerning a review of the Working Protocol between the ACMD and the Home Office, which the government has agreed to undertake.