Stringent new laws banning synthetic drugs with “psychoactive properties” have been introduced by the NSW government.

The new legislation makes it an offence to possess, manufacture, supply or advertise any substance that has a psychoactive element to it. People who break these laws could face a $2,200 fine or two years in prison.

Currently, NSW drugs laws ban the making of banned substances but new legislation broadens this to items of a psychoactive nature that are yet to be developed.

An interim ban on synthetic drugs has been in place since 9 June, with NSW Fair Trading inspecting more than 1,000 retailers to ensure they were removed from sale. Six websites have been prevented from selling various banned substances.

The legislation exempts alcohol, tobacco, caffeine, foods and herbal items, as well as complementary medicines.

However, concerns have been raised that the broad nature of the new laws will theoretically criminalise a number of plants, such as cacti and acacias, which contain properties that could be made into mind-altering drugs. This includes the golden wattle (Acacia pycnantha), Australia’s floral emblem.

State Labor MP Amanda Fazio said in September that the “crazy” legislation could “criminalise the Botanic Gardens Trust” and added: “A (cactus) society would be equated with a cartel of drug dealers because of the stupid way in which this legislation have been drafted.”

Dan Malone, lecturer of Pharmacy and Pharmaceutical Sciences at Monash University, told Guardian Australia that items with psychoactive properties can be hard to define.

“It is difficult to define because a lot of prescription drugs do the same thing,” he said. “If you increase the dose of a certain medicine, it can have psychoactive effects.

“The textbook definition is that it has a mind altering effect, something that affects the central nervous system. That could be a bit of a problem if you have ornamental cacti that have properties that could be used to make Mescaline.”

However, Malone added that the new laws would tackle the issue of drugs manufacturers subtly changing the compound of substances to get around the law.

“There is an ongoing problem faced by governments on how to keep up with the manufacturing of drugs,” he said.

Critics claim the legislation is ambiguous over the status of plants, although the state government insists that “sensible” exemptions have been made to ensure the legality of most items is unchanged.

Greg Smith, NSW attorney general, said that the list of prohibited items will be added to as new banned substances are identified.

“Manufacturers may try to alter drugs to avoid detection but these new laws mean police have greater certainty in seizing substances where they have formed a reasonable suspicion that it is a drug or psychoactive substance,” he said.

“The NSW Government will also ban the advertising and promotion of a substance to be consumed for its psychoactive effects, or information that provides how or where to acquire the substance.

“This will stop retailers from being able to sell these products, and if they do they risk going to prison.”

Anthony Roberts, NSW fair trading minister, added: "There is no silver bullet to protect people from the scourge of these psychoactive substances, but the NSW government now has groundbreaking laws in place which will continue to make a significant impact.”