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<p>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.</p><p>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. <a
href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/756896/Review_of_the_Psychoactive_Substances_Act__2016___web_.pdf"
target="_blank">Review of the Psychoactive Substances Act 2016 (publishing.service.gov.uk)</a>.
The government keeps all legislation under review, but has no plans to change either
legislative regime substantially.</p><p>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.</p><p> </p>
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