For the first time, the Government will be able to react quickly as new substances emerge with temporary 12-month bans. The bans will send a clear message to users that these substances carry a risk, and will prevent new chemicals from becoming widely available.
The Government plans to introduce new legislation which will enable police to confiscate suspected substances. The UK Border Agency will seize shipments as they enter the country.
The penalty for supply will be a maximum of 14 years in prison and an unlimited fine. Possession of a temporarily banned substance for personal use would not be a criminal offence, in turn preventing the unnecessary criminalisation of young people.
Brokenshire commented: “The drugs market is changing, and we need to adapt current laws to allow us to act more quickly. The temporary ban allows us to act right away to stop new substances from gaining a foothold in the market, and help us tackle unscrupulous drug dealers trying to circumvent the law by peddling dangerous chemicals to young people.”
Brokenshire added: “However, anyone tempted to try a legal high must understand it’s not safe or sensible to take a substance when you don’t know what it is or what’s in it. The contents of some samples are claimed to include things like pond cleaner and bath salts.”
Consideration by the Advisory Council on the Misuse of Drugs
Under the new rules, substances would be temporarily banned following initial consideration by the Advisory Council on the Misuse of Drugs (ACMD). The ACMD will then conduct a comprehensive review of the harms of a given substance, and advise whether or not it should be permanently banned.
‘Legal highs’ including naphyrone, mephedrone, GBL and synthetic cannabinoids have already been banned, but this new system of temporary bans will allow for a faster response.
There’s clear evidence to suggest that substances advertised as new drugs – including Ivory Wave – often contain drugs (such as mephedrone) which are already banned and known to be harmful.
The temporary bans will apply to new chemical substances that have not previously been banned.
Consultation on the new drugs strategy
In addition, the Government has just published a consultation on the new drugs strategy, which sets out the key themes of its future vision for drugs policy. That vision includes preventing drug taking, disrupting drug supply, strengthening enforcement and promoting drug treatment and recovery.
The targeted consultation is an opportunity for drug experts, charities and law enforcement agencies alike to help inform the new drug strategy, which will be launched before the end of the year.
In the coalition document, the Government states:
Subject to parliamentary approval the system of temporary bans will be introduced by the end of next year.
Read the drug strategy consultation online (access the dedicated web link on the right hand panel of this page)
