Home Office confirms act will not come into effect on 6 April following confusion over definition of psychoactive substance

The government’s blanket ban on legal highs that was due to come into effect on 6 April has been postponed for at least a month, the Home Office has said.

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.

The introduction of similar legislation in Ireland triggered a wave of closures of so-called headshops and online outlets that had been selling legal highs and it was anticipated that the introduction of a British blanket ban would have a similar effect. But there have been few prosecutions in Ireland so far because of difficulties in proving whether a substance is psychoactive.

Facebook Twitter Pinterest Karen Bradley. Photograph: Steve Parsons/PA

The Home Office minister confirmed that the British ban would not come into effect on 6 April as planned but would be implemented “in its entirety in the spring”. Ministers need to give parliament 21 days notice when it is sitting of their intention to implement the ban, making 1 May the earliest possible option for its introduction.

“We need to ensure the readiness of all the activity necessary to enable the smooth implementation of the legislation across the UK and to support law enforcement in their ability to drive forward the legislation on commencement,” Karen Bradley told MPs in a Commons written answer slipped out on the day of the Easter recess.

The legislation aims to ban any substance intended for human consumption that is capable of producing a psychoactive effect, with a list of exemptions of substances in everyday use such as alcohol, nicotine and caffeine.

Poppers escape ban on legal highs Read more

Poppers, also known as alkyl nitrite, were excluded entirely from the legislation after the government’s advisory committee on the misuse of drugs ruled that it did not have a direct effect on the brain.

Hampshire police have written to headshop owners and others selling legal highs to warn them that it is their responsibility to ensure their products are not harmful or banned substances, and that they are not enabling the illegal drugs trade in the UK.

Police Scotland and the Scottish government told a Commons home affairs inquiry last year that that the definition of a psychoactive substance might be problematic in ensuring successful convictions.

They argued that each successful case would require evidence from a qualified medical expert with experience of working with new psychoactive substances to be able to identify the substance and prove its psychoactivity.

A Home Office spokesperson said that in line with advice from its drugs experts on the ACMD “the government is in the final stages of putting in place a programme of testing to demonstrate a substance’s psychoactivity prior to commencement of the act”.

“The landmark Psychoactive Substances Act will fundamentally change the way we tackle these drugs and put an end to unscrupulous suppliers profiting from their trade. Our message is clear: offenders will face up to seven years in prison,” they added.

