The Psychoactive Substance Act 2016 came into force on the 26 May 2016. The substances included in the Act are often commonly referred to as 'legal highs', usually containing one or more chemical substances.
Whilst possession of a psychoactive substance is not a criminal offence in itself, it is now a criminal offence to produce, supply, import and export any psychoactive substance if it is likely to be consumed for its mind-altering properties. Thankfully, the Act does have a number of exceptions such as legal substances that we use every day e.g. nicotine, coffee and alcohol!
They have three main effects and are used as stimulants, sedatives or hallucinogens. When they are consumed they imitate the effects of illegal drugs.
Comment: Those who do not refer to psychoactive substances in their workplace drug and alcohol policies should amend accordingly (we will be ensuring this is covered in any review from now on). The bringing of any illegal drugs or other illegal substances onto your premises should always be classed as a gross misconduct offence. Screening for psychoactive substances can be difficult, however the substances do have mind-altering properties that can impact on employees’ behaviour and ability at work so ensure you remind your staff of their obligations to arrive fit for work – which is even more important if they are operating dangerous machinery or driving.
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